HomeMy WebLinkAbout117-02 RESOLUTIONRes. 117-02
memorandum of understanding to accomplish this transfer pursuant to
paragraph 20 of the Memorandum of Understanding and Contract entered into
on June 5, 1967.
PASSED and APPROVED this 30th day of July, 2002.
Woodruff, Q Clerk
•
By
APPROVED:
DAN COODY, Ma/
•
1
2 -
NAME OF FILE:
CROSS REFERENCE.
Resolution No. 117-02
07/30/02
Resolution No. 117-02
csent r-ev.31
07/31/02
Memo to Heather Woodruff, City Clerk, from Kit Williams, City
Attorney, regarding Special City Council Meeting of July 30, 2002
NOTES:
7/ de 4 Waiter c
u 120.)
csent r-ev.31
FAYETTEVILE
THE CIT' OF FAYETTEVILLE. ARKANSAS
Krr WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
LEGAL DEPARTMENT
TO: Heather Woodruff, City Clerk
FROM: Kit Williams, City Attorne
DATE• July 31, 2002
RE: Special City Council Meeting of July 30, 2002
Enclosed please find a copy of the Resolution which passed at last
night's Special City Council meeting.
1. Resolution to modify the existing exclusive water service
area line between Fayetteville and Springdale to transfer
about 340 acres in the City of Johnson into Springdale's
service area
• STAFF REVIEW FORM
_X_ AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
•
FOR: COUNCIL MEETING OF July 16, 2002 MAYOR'S APPROVAL
FROM:
Greg Boettcher Administration Public Works
Name Division Department
ACTION REQUIRED: A RESOLUTION TO MODIFY THE EXISTING EXCLUSIVE WATER
SERVICE AREA LINE BETWEEN FAYETTEVILLE AND SPRINGDALE TO TRANSFER
ABOUT 340 ACRES IN THE CITY OF JOHNSON INTO SPRINGDALE'S SERVICE AREA
COST TO CITY:
Cost of this Request
Armunt Number
Project Number
BUDGET REVIEW:
Category/Project Budget Category/Project Name
Funds Used to Date Program Name
Remaining Balance Fund
Budgeted Item Budget Adjustment Attached
Budget Coordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
gagerDate
rJ-1-az Internal Auditor Date
City AttoDate ADA Coordinator Date
Purchasing Officer
Date
STAFF RECOMMENDATION:
Dat
D to
CROSS REFERENCE
New Item: Yes No
Previous Ordinance/Resolution No.:
• •
RESOLUTION NO.
A RESOLUTION TO MODIFY THE EXISTING EXCLUSIVE
WATER SERVICE AREA LINE BETWEEN FAYETTEVILLE
AND SPRINGDALE TO TRANSFER ABOUT 340 ACRES IN
THE CITY OF JOHNSON INTO SPRINGDALE'S SERVICE AREA
WHEREAS, on June 5, 1967, the City of Fayetteville agreed with the cities
of Bentonville, Rogers and Springdale to fund the expansion and operation of the
Beaver Water Supply Facilities of the Beaver Water District; and
WHEREAS, exclusive water service areas for the cities were agreed to as
part of that contract with the right of such cities to alter their exclusive service
area by mutual agreement in the future; and
WHEREAS, the proposed Clear Creek Golf Course development
including numerous residences to be built upon about 340 acres of land within
the City of Johnson is currently within the exclusive water service area of the
City of Fayetteville, but is not now being served with City of Fayetteville water
mains nor can be legally served with City of Fayetteville sewer service; and
WHEREAS, the owners of the Clear Creek Golf Club development desire
that their property be transferred from the exclusive water service area of
Fayetteville to the service area of Springdale so that water and sewer can be
provided by the same provider and also to obtain a second and redundant water
supply for its development and the nearby hospital
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby agrees that the plat of land identified in Exhibit A containing about 340
acres in the City of Johnson should be and is hereby transferred from the City of
Fayetteville's exclusive service area to the City of Springdale's exclusive service
area and authorizes the Mayor to execute any necessary agreement, contract or
• •
memorandum of understanding to accomplish this transfer pursuant to
paragraph 20 of the Memorandum of Understanding and Contract entered into
on June 5, 1967.
PASSED and APPROVED this 16th day of July, 2002.
ATTEST
By:
Heather Woodruff, City Clerk
By:
APPROVED:
P�4C
DAN OS, Mayor
• •
EXHIBIT "A"
DESCRIPTION OF SERVICE AREA TO BE RELEASED:
PART OF SECTIONS 20, 21 AND 28 OF TOWNSHIP 17 NORTH, RANGE 30 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY ARKANSAS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 21. BEING A FOUND MONUMENT
AT THE EDGE OF GREAT HOUSE SPRINGS ROAD. AS SHOWN ON SURVEY PLATS N-32, M-
156, 16-74, AND DR. 2 PAGE 521, THENCE ALONG THE WEST LINE OF SAID SECTION
21. S 02°27'35'W 1139.19 FEET TO A 1/2 INCH IRON PIN. BY A TREE FENCE CORNER. THENCE
N 86°0€10"E 915.77 FEET TO A 1/2 INCH IRON PIN AT A FENCE CORNER. THENCE N 03°55'O8"E
1037.43 FEET TO A 1/2 INCH IRON PIN AT THE EDGE OF GREAT HOUSE SPRINGS ROAD, SAID PIN
BEING ON THE NORTH LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 21.
THENCE ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 21.
S 87°2750"E 305.66 FEET TO THE NORTHWEST CORNER OF PLAT M-516, ALSO BEING THE
NORTHWEST CORNER OF DEED 1379-804. THENCE S 02°18'17"W 377.54 FEET TO A FOUND PIPE IN
CONCRETE AT THE SOUTHWEST CORNER OF SAID PLAT M-516. THENCE S 85'5716"E 82.07 FEET TO A
FOUND IRON PIN AT THE SE CORNER OF PLAT M-516, SAID POINT BEING ON THE WEST LINE OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 21, THENCE ALONG THE EAST LINE OF SAID
PLAT M-516, N 02°25 1TE 379.70 FEET TO THE NORTHEAST CORNER OF SAID PLAT M-516, SAID POINT
BEING THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION
21, AS SHOWN ON PLAT M-516. THENCE ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 21, S 87°2750"E 368.06 FEET TO THE NORTHWEST CORNER OF A 2.25
ACRE CEMETERY. THENCE ALONG A ROCK WALL S 02°4703"W 529 10 FEET TO THE SOUTHWEST
CORNER OF SAID CEMETERY. SAID CORNER BEING THE CORNER OF SAID ROCK WALL, THENCE
ALONG SAID ROCK WALL S 88°5741"E 189.21 FEET TO THE SOUTHEAST CORNER OF SAID CEMETERY,
ALSO BEING ON THE WEST LINE OF PLAT 16-74 AND DEED 99046708, THENCE ALONG THE WEST
LINE OF SAID PLAT 16-74 AND DEED 99046708, S 02°3743'W 1417.45 FEET TO THE CENTER OF THE
CHANNEL OF CLEAR CREEK AND THE TRUE POINT OF BEGINNING. THENCE ALONG THE CENTER OF
THE CHANNEL OF CLEAR CREEK, (ON THE DATE OF THIS SURVEY) SAID CREEK HAVING THE
MEANDERS OF, S 85°45'20"E 268.94 FEET, THENCE ALONG SAID CENTER OF THE CHANNEL OF CLEAR
CREEK, N 78°35'04"E 480.61 FEET. THENCE ALONG THE CENTER OF THE CHANNEL OF CLEAR CREEK
N 73°10'43"E 287.18 FEET, THENCE ALONG THE CENTER OF THE CHANNEL OF CLEAR CREEK, N
60°18'41"E 183.00 FEET, TO THE NORTHEAST CORNER OF DEED 1400-904, ALSO BEING THE
NORTHEAST CORNER OF DEED 98050131, THENCE LEAVING SAID CREEK, ALONG THE EAST LINE OF
SAID DEEDS 1400-904 AND 98050131, S 02°09'04W 990.00 FEET TO THE SOUTHEAST CORNER OF SAID
DEED 1400-904, AND DEED 98050131, SAID POINT BEING A 1/2 INCH IRON PIN LYING ON THE SOUTH
LINE OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4, SAID IRON PIN BEING 56 RODS, ( 924.00 FEET )
FROM THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4 OF THE NORTHEAST 1/4, THENCE ALONG
THE SOUTH LINE OF SAID SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 21, N 87°2727'1
389.14 FEET TO A FOUND CONCRETE MONUMENT AT A FENCE CORNER BEING THE SOUTHWEST
CORNER OF SAID SOUTHWEST 1/4 OF THE NORTHEAST 1/4, AS SHOWN ON SURVEY PLAT DR 1-635,
ALSO BEING THE NORTHEAST, CORNER OF DEED V-374, THENCE ALONG THE EAST LINE OF THE
NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 21, ALSO BEING THE EAST LINE OF DEED V-
374, S 03°04'39W 1325.18 FEET TO THE SOUTHEAST CORNER OF SAID NORTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 21, BEING A FOUND 1/2 INCH PIN AS SHOWN ON PLAT DR 1-835, THENCE
ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 21. S 03°04'39'W
1325.33 FEET TO A FOUND STONE BY A FENCE CORNER AT THE SOUTHEAST CORNER OF THE
SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 21, AS SHOWN ON SURVEY PLAT DR 1.835,
THENCE ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 28, S
0296'33'W 1292.28 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST
1/4 OF SECTION 28, AS SHOWN ON SURVEY PLAT L-34, THENCE ALONG THE SOUTH LINE OF SAID
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 28, N 87°14'06"W 1311.93 FEET TO THE
SOUTHWEST CORNER OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 28, THENCE
ALONG THE WEST LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 28. N
02°2506"E 1303.98 FEET TO THE NORTHWEST CORNER OF SAID NORTHEAST 1/4 OF THE NORTHWEST
1/4 OF SECTION 28, THENCE ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4
OF SECTION 21. N 02°28'48°E 1321.02 FEET TO A FOUND IRON PIN AT THE NORTHWEST CORNER OF
THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 21, THENCE ALONG THE SOUTH LINE
OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 21. N 87°15'16W 1317.79 FEET TO A
FOUND STONE BY A FENCE CORNER AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 21, THENCE ALONG THE SOUTH LINE OF TME NORTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF SECTION 20, N 87°47'57W 1176.81 FEET TO A FOUND 1/2 INCH IRON PIN THAT IS S
87°4757E 150.00 FEET FROM THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF SECTION 20, SAID CORNER BEING MARKED BY A FOUND STONE, SAID 1/2 INCH
IRON PIN ALSO BEING THE SOUTHEAST CORNER OF THE EXCEPTION TO DEED 678-362, THENCE
ALONG THE EAST LINE OF SAID EXCEPTION TO DEED 678-362, N 03°0525"E 440.00 FEET TO A 1/2 INCH
IRON PIN AT THE NORTHEAST CORNER OF SAID EXCEPTION TO DEED 678-362, THENCE ALONG THE
NORTH LINE OF SAID EXCEPTION TO DEED 678-362, N 87°31'43'W 988.72 FEET, ( RECORD 14.5
• •
CHAINS, 957.00 FEET ) TO THE SPRING BRANCH CALLED IN THE EXCEPTION TO DEED 678-362,
THENCE NORTHWESTERLY WITH THE MEANDERINGS OF SAID BRANCH TO WHERE SAID BRANCH
CROSES THE WEST LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4, (AT THE TIME OF THIS
SURVEY) THE MEANDERINGS OF SAID BRANCH ARE, N 37°16'39"W 18.64 FEET, TO THE NORTHWEST
CORNER OF DEED 99108643, THENCE N 38°15'23"W 196.88 FEET TO THE NORTHEAST CORNER OF
DEED 98028571, THENCE ALONG THE NORTHEAST LINE OF SAID DEED, N 37°23'12"W 310.00 FEET,
THENCE N 50000'52"W 158.63 FEET, TO THE BRIDGE AT HIGHWAY 112 OVER SAID SPRING BRANCH,
SAID POINT BEING S 02°36'4WW 375.55 FEET ( RECORD 6.11 CHAINS, 403.26 FEET ) FROM THE
NORTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 20, ALSO BEING
THE NORTHWEST CORNER OF THE EXCEPTION TO DEED 678-362, SAID POINT MARKED BY A MAG
NAIL, THENCE ALONG THE WEST LINE OF SAID NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION
20, N 02°36'48"E 375.55 FEET TO A FOUND PIPE BY THE EAST EDGE OF SAID HIGHWAY 112 AT THE
NORTHWEST CORNER OF SAID NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 20, THENCE
ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 20, N 02°10'41"E
53.84 FEET, THENCE LEAVING SAID WEST LINE OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 20, N 85°55'47"E 21.93 FEET TO A STEEL FENCE CORNER POST ON THE EAST RIGHT OF WAY
OF SAID HIGHWAY 112, ALSO BEING THE RIGHT OF WAY DESCRIBED IN DEED 654-625 THENCE
ALONG SAID RIGHT OF WAY, N 07°18'11"E 400.76 FEET TO A RIGHT OF WAY SIGN POST THENCE
ALONG SAID RIGHT OF WAY, N 03°51'56"E 299.90 FEET TO A FENCE CORNER POST, THENCE ALONG
SAID RIGHT OF WAY, N 14°13'49"E 50.71 FEET TO A RIGHT OF WAY SIGN POST THENCE ALONG SAID
RIGHT OF WAY, N 03°56'06"E 126.79 FEET TO A POINT IN THE CENTER OF CLEAR CREEK, THENCE
ALONG THE CENTER OF CLEAR CREEK, N 46°52'47"E 254.18 FEET TO A POINT OF INTERSECTION OF
THE CENTER OF CLEAR CREEK WITH THE WEST LINE OF SURVEY PLAT DR2-521, ALSO THE WEST
LINE OF DEED 1223-419, THENCE LEAVING THE CENTER OF SAID CLEAR CREEK, ALONG THE WEST
LINE OF SAID DEED 1223-419, AND THE NORTH LINE OF DEED 678-362, S 08°26'22"E 29.94 FEET TO A
POINT IN AN EXISTING FENCE LINE AS SHOWN ON SAID SURVEY PLAT DR 2-521 THENCE ALONG THE
SOUTH LINE OF SAID SURVEY PLAT DR 2-521, AND DEED 1223-419, ALSO BEING THE NORTH LINE OF
DEED 678-362, N 68°55'23"E 180.18 FEET ALONG A FENCE LINE, THENCE ALONG SAID FENCE LINE,
BEING THE SOUTH LINE OF SAID SURVEY PLAT DR 2-521 AND DEED 223-419, AND THE NORTH LINE OF
DEED 678-362, S 82°01'08"E 684.42 FEET THENCE ALONG THE SOUTH LINE OF SAID SURVEY PLAT DR
2-521 AND DEED 1223-419, ALSO BEING THE NORTH LINE OF DEED 678-362, N 82°29'56"E 207.37 FEET
TO A POINT OF INTERSECTION OF THE CENTER OF THE CHANNEL OF CLEAR CREEK WITH THE WEST
LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 20, SAID POINT ALSO BEING THE
SOUTHEAST CORNER OF SAID SURVEY PLAT DR 2-521, AND THE NORTHEAST CORNER OF DEED 678-
362, SAID POINT BEING N 02°22'47"E 467.33 FEET ( RECORD 462.00 FEET ) FROM THE SOUTHEAST
CORNER OF THE NORTH''/] OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 20, THENCE
EASTERLY ALONG THE CENTER OF THE CHANNEL OF CLEAR CREEK 3321.64 FEET, MORE OR LESS TO
THE POINT OF BEGINNING. CONTAINING 339.22 ACRES, MORE OR LESS.
Lae
136
L.34
133
140 L42
L.39
137
135
132
141
129
128
•
NW CONM9
SECTION 21
T-17-04
N -30-W
S99INGDALE 5[NwCE p00NDMY
L43
EAYElIEw13E SERNCE 60IRID*RY
177
L25
13
12
C/1 CLEAR CREEK
Le
L9
L10
UI
02
133
•
04
115
P.0.6. 116
14,776,340.71 sq. ft. or 339.22 Acres
L25
UI[
CoNLCIION
04514.710E
0
5 0227'35" w
II3914'
L2
N 6606'10" C
91872
13
N 035506• [
10.7.93'
19
5 6719'30• [
30566'
15
5 021817' w
377.54
L6 .
S 6559'16" C
82.07'
L2
N 022516' (
329.70'
16
5 8719'543; [
36696'
L9
5 024203 W
529.10'
L10
5 86)9'91' [
169 24
LII
5 02'324' W
1912.4'
112
5 659320' E
26699
113
N 26'3501 [
480 61'
114
N 2510'4' E
282.15'
LIS
N 601!'91• [
18300'
116
5 020909" W
990.00'
117
N 671rp- w
38914'
118
5 0304 39" w
1325.16'
119
5 030439• W
132533
120
5 0218'33• w
1292.28'
111
N 62'14'06• to
1311.93 .
L22
N 0225'06• E
130396•
173
N 022696' E
1521.02
124
N 821516• W
1312.29
L25
N 47'12'32• W
1126.81'
L21
N 0301'25' E
99090
127
N 673193 w
96622'
120
N 321039• w
1666'
L29
N 361523- 11
196.03'
130
N 37-231c W
310 00•
131
N 500057' W
156.63'
L32
N 02'36'94 1
37555
333
N 0210'91 1
53.84'
139
N 6555`974 1
21 93'
133
N 0716}1• [
900.76'
135
N 0311'56• E
29990
137
N 1413'99' E
50.71'
136
N 035606" 1
126.79'
139
N 9652'97 E
25116'
140
5 09192. 1
29 94*
191
N 6655 23' 1
160.19
192
5 621)l06• 1
669.92'
143
N 022956_ E
202 37'
L44
EASTERLY
372164*
129
L23
122
NORTH
121
07
18
L19
L20
CLEAR CR!K DEVELOPMENT c•, LLC
July 1, 2002
Greg Boettcher, P.E.
Public Works Director
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
Dear Mr. Boettcher:
In preparation of our July 2nd, 9:00 a.m. meeting, I thought it would be helpful for all parties to
present the following information for review.
Last fall Don Whitmire, an engineer with Tyson Foods Inc., met with the City of Fayetteville Public
Works Director, Don Bunn, to discuss the possibility of the City of Fayetteville providing water and
sewer for the Clear Creek project. During that meeting, Mr. Bunn stated that the City of Fayetteville
sewer system was at 95% capacity and the new wastewater plant north of Farmington would not
come on-line until the year 2005. Mr. Bunn stated that they could not take on any more load until
that time. Mr. Bunn also stated that by city ordinance, the City of Fayetteville could not serve sewer
to anyone outside the city limits.
John Flake, one of.the pnncipal investors in this project, and Mr. Whitmire visited with Mayor
Coody last fall. The Mayor had them talk with Tim Conklin, City Planner. Tim confirmed that the
City of Fayetteville cannot serve sewer to anyone outside its city limits. None of our project property
adjoins existing Fayetteville city limits. Annexation into the City of Fayetteville would require the
approval of other property owners and a deannexation from the City of Johnson. This scenario would
require a release from the Springdale Water District for all properties north of Clear Creek.
On December 10, 2001, our consulting engineer, Rick Rogers with CEI Engineering, Inc., wrote a
letter to Mr. Bunn asking for Fayetteville to serve water and sewer to our project. Neither Mr. Bunn
or anyone else with the City of Fayetteville responded to our letter. Since that time, we have spent
over $100,000 in design fees for Springdale to provide our project water and sewer.
As you know, our development is located in the City of Johnson. The City of Springdale does have
a written agreement that allows them to serve the City of Johnson water and sewer and defines the
parameters for that service. According to Mr. Bunn, if the City of Fayetteville would provide sewer
service to the development in 2005, we would have to provide a sewer line from our property south
to Clabber Creek. With the construction of the new wastewater plant north of Farmington, a sewer
main is planned along Clabber Creek and that would be the closest way for Fayetteville to serve
sewer, about 1.3 miles of sewer line. Easements, etc. would have been a major issue.
One West Mountain, Suite 302 • Fayetteville, AR 72701
474-527-6660 • Fax 479-442-4580
• •
Greg Boettcher, P.E.
July 1, 2002
Page 2
Springdale can provide us sewer through the Johnson lift station which is less than half of a mile
from our site. Given the strained capacity of both systems, this project has less of a percentage
impact on Springdale's system.
It is my understanding that your closest appropnately sized water line to our project is south on the
other side of I-540. Springdale can provide two 8" water lines to achieve a redundant loop. One line
is 1/3 of a mile away on New Hope Road and the other is adjacent to our property line at Willow
Creek Hospital.
Thank you for your assistance in this matter.
Sincere!
randon Rogers
Project Manag
cc: John Tyson
John Flake
Les Baledge
Don Whitmire
Rick Rogers
Craig Jones
Rene Langston
CLEAR CR#K DEVELOPMENT CO., LLC
June 12, 2002
Mr. Greg Boettcher, P.E.
Public Works Director
City of Fayetteville, Arkansas
113 West Mountain Avenue
Fayetteville, AR 72701
Re: Water Boundary Adjustment
Clear Creek Club
Dear Mr. Boettcher:
In 1967 the Beaver Water District, as well as the member cities of Bentonville, Rogers Fayetteville and Springdale,
executed a memorandum of understanding which establish, among other things, water service areas for the respective
cities. In subsequent years, water service areas have been amended through boundary adjustments as mutually agreed
upon by the affected cities. The most reccnt water boundary adjustment between Fayetteville and Springdale was made
in 1996 when the two cities jointly acquired the assets of the ite River Rural Water Association. Attached for your
reference is a copy of the map prepared at that time to reflect the revised water service boundary that was needed
between Fayetteville and Springdale. We understand this map remains accurate as to the current water service boundary
between the two cities.
Clear Creek Development, LLC is in the process of preparing plans for a large scale development to be known as Clear
Creek Club, a residential and golf course development that has been recently annexed into the City of Johnson. A
portion of the proposed development is located south of Clear Creek, which lies within the City of Fayetteville's water
service area. It is our understanding that the City of Fayetteville has indicated it would not object to this area being
provided sanitary sewer from another city. As you know, the logical approach is for one city utility to provide both
water service and sanitary sewer service. This is particularly true where a city ordinance requires monthly sewer bills
to be based upon metered water consumption. The Springdale Water and Sewer Commission is currently providing
water and sanitary sewer services to customers in the City of Johnson by virtue of intermunicipal agreements for water
and sanitary sewer services. These services are restricted to customers located inside the city limits of Johnson and
within Springdale's water service area. The City of Springdale restricts sanitary sewer service to customers that arc
being provided water service.
We would appreciate an indication from your office as to whether the City of Fayetteville would be willing to adjust
the water service boundary between Fayetteville and Springdale in such a manner as to allow future residents of Clear
Creek Club to obtain water service from the City of Springdale. Since there arc no agreements establishing sewer
boundaries, it is assumed that there would be no objections to the City of Springdale providing sanitary service in this
area. The proposed boundary adjustment is indicated on the second attachment.
Your cooperation on this matter would be sincerely appreciated.
Sincerely,
randon Rogers
Project Manager
Encl.
cc: John Tyson
John Flake
Rene Langston
Craig Jones
One West Mountain, Suite 302 • Fayetteville, AR 72701
474-527-6660 • Fax 479-442-4580
air OF FgyLE
Pa
• •
Springdale Water Utilities
526 Oak Avenue P.O. Box 769 Springdale, Arkansas 72765-0769 (479) 751-5751
HAND DELIVERY
Mr. Greg Boettcher, P.E.
Public Works Director
City of Fayetteville, Arkansas
113 West Mountain
Fayetteville, Arkansas 72701
Dear Mr. Boettcher:
RECEIVED
JUl 1 ') 2097
CITY OF FAYETTEVILLE
MAYOR'S OFFICE
July 18, 2002
RE: Water Service Boundary
Fayetteville/Springdale
Reference is made to your letter of July 15, 2002, concerning a proposed amendment to
the current water service boundary between the cities of Springdale and Fayetteville. As
indicated, the developer of Clear Creek Club Subdivision is requesting water and sanitary
sewer services from Springdale Water Utilities even though a portion of the property is
located within the designated water service area of Fayetteville. This request is being
made since the developer was led to believe sanitary sewer service could not be obtained
from the City of Fayetteville and due to the fact that the proposed development will
encompass land that is in the service areas of both cities. It certainly makes sense for
each development to be provided both water and sewer services from one source
In past years, our respective cities have worked together to amend the water service
boundary whenever it became necessary to accommodate water service for property
owners. Indications are that Fayetteville initially provided water service to the City of
Johnson; however, the boundary map attached to the 1967 Beaver Water District
Memorandum of Understanding clearly shows the City of Johnson to be in the Springdale
service area. Please note on the attachment that a portion of the Springdale service area
dips south of Clear Creek in Sections 22 and 27 which more than likely coincided with
the Johnson city limits that existed back in 1967. Obviously, the boundary line was
amended at some point in time allowing Fayetteville to serve that portion of Johnson
lying south of Clear Creek. Our files do not indicate when this happened, and it might
have well been an informal agreement between the cities that was never recorded.
Knowing this area was being served by Fayetteville, we formally adjusted the boundary
line in 1996 when the two cities jointly acquired the White River Rural Water System
Page -2-
Mr. Greg Boettcher
July 18, 2002
in order to delineate service areas that were not covered in the BWD Memorandum The
adjusted boundary line also reflected amendments that were made allowing Springdale to
provide needed water service to the Washington County United Way office on 1Iighway
265 and to residents along Albright Road. Although these areas were in the Fayetteville
service area, water service was easily attainable from Springdale due to the existence of
water lines that were already in place, eliminating costly water line extensions of several
hundred feet to the nearest Fayetteville water main.
Rather than establishing a bank of territory credits, it is hoped that the two cities can
continue to work together and consider the merits of a boundary amendment on a case by
case basis. This concept has worked well in the past. Collectively, it is our common goal
to provide water service to as many customers as possible with existing facilities and to
assist property owners whenever possible to reduce their cost of obtaining water service.
Your suggestion to meet and evaluate other areas where an amendment is needed is an
excellent idea and we welcome that opportunity. In that regard we have prepared a larger
map showing the current water service areas with indication of the proposed boundary
amendment for the Clear Creek Club Subdivision. A copy of the map is being provided
for your review. It would be helpful if we could indicate the size and location of existing
water mains of the respective cities on the map to identify areas where the water service
boundary should be evaluated for amendment. A "meeting of the minds" could also
reveal planning for specific areas where future water and sewer improvements are
proposed.
I understand a special meeting of the Fayetteville City Council has been scheduled in a
couple of weeks to consider the boundary amendment. Therefore, time is of the essence
and we need to meet as soon as possible. Please call me at your earliest convenience to
set a time and date for the meeting.
Attachment
CC: Springdale Water & Sewer Commission
Mayor Jerre Van Hoose
Mayor Dan Coody
Mr. Brandon Rogers
Mr. Kit Williams
Mr. Charles Harwell
FAYETTEV .LE •
TIE CITY OF FAYETTEVI LE, ARKANSAS
July 15, 2002
Mr. Rene Langston
Springdale Utilities
P.O. Box 769, 525 Oak Avenue
Springdale, AR 72765-0769
RE Clear Creek Club Subdivision — Johnson
Water Service Territory Amendment
Dear Mr. Langston:
On July 16, 2002 the Fayetteville City Council is expected to approve a resolution amending the
water service boundary agreement between Springdale and Fayetteville. In essence, this amendment shall
transfer 339.22 acres of water service territory to the City of Springdale, enabling the entire Clear Creek
Club subdivision to be served with water and sanitary sewer scrvicc from Springdale Utilities. This action
is dccmed in the best interests of both the developers and the communities.
Discussions on territorial arrangements have brought to light the need for an updated evaluation of
the current water service territory boundary. Other changes may be prudent to provide for the orderly and
cost-effective provision of utility services in other undeveloped area. These service boundary adjustments
should be bascd upon such factors as current utility system locations, infrastructure capacities, and
topographic features. The configurations of Springdale's and Fayetteville's utility systems have changed
dramatically since the 1967 territory agreement, therefore, updates to this boundary may be Justified.
The Fayetteville City Council shall relinquish its right to the 339.22 acres with the understanding
that Springdale shall approve equal and offsetting territorial area increases to Fayetteville should future
conditions Justify this action. In essence, the City of Fayetteville's approval will create a banking of a
service territory credits that could be later claimed by Fayetteville. In any subsequent territorial exchanges,
the core Justifications should be based upon the capacity and ability of selected utility to serve the area in a
cost-effective manner.
As schedules permit, we should arrange for a meeting to discuss service boundary limits and to
evaluate amendments. I shall forward a copy of the approved resolution for your records following the City
Council's approval on July 16, 2002. Should there be any questions on this matter; feel free to contact my
office at 575-8330.
Very truly yours,
City oFayetteville
Greg Boettcher, P.E.,
Public Works Director
GB/pkh
Alderman Robert Davis, Jim Beavers
David Jurgens, Kit Williams
Brandon Rogers, Tim Conklin
Hugh Earnest
113 WEST MOUNTAIN 72701 479421.7700
FAX 4794768267
fel
1
One West Mo
Fayetteville,
•
r X11''7
Springdale Water Utilities
526 Oak Avenue P.O. Box 769 Springdale, Arkansas 72765-0769 (479) 751-5751
October 10, 2002
I
• �
untain — Suite 302
Arkansas 72701
Re: Clear Creek Club
City of Johnson, Arkansas
Mt. Brandon Rogers
• Orion Capital Partners, LLC
Dear Brandon:
Please use the attachment to close out your file on the boundary amendment between
Fayetteville and Springdale. The revised water service boundary allows Clear Creek
Club, in its entirety, to be provided water service by the City of Springdale.
Our appreciation is extended to city officials in Fayetteville who assisted in this matter.
Attachment
CC: Mr. T. Craig Jones
Mr. Kit Williams ✓
ry truly yours,
Rede Langston
•`
AGREEMENT
THIS AGREEMENT is made and entered into this 24 day of September , 2002, by and
between the City of Fayetteville ("Fayetteville") and the City of Springdale ("Springdale").
WITNESSETH:
WHEREAS, the parties each operate water distribution systems within the exclusive
territories as delineated in a certain Memorandum of Understanding, executed in 1967 by and
between the Beaver Water District and its respective member cities ("1967 Memorandum"), and,
WHEREAS, the parties, by an agreement entered into on February 14, 1996, have previously
modified their common boundary, and,
WHEREAS, these parties recognize that an adjustment of the territorial boundaries created
by the 1967 Memorandum is appropriate so as to provide water service to a tract of land being
developed within the Johnson city limits; and,
WHEREAS, the parties desire to cooperate and thereby advance and protect the interest of
each by entering into this Agreement.
NOW, THEREFORE, in consideration of the covenants and agreements herein contained,
the adequacy and receipt of which is acknowledged, it is mutually understood and agreed by and
between the parties hereto as follows:
SECTION I . DESIGNATION OF TERRITORY
The parties hereto agree that the territory or service area to be served by Fayetteville and
Springdale, respectively, shall be as depicted in Exhibit 1, attached to and incorporated in this
agreement by reference and deemed to be part hereof. The parties acknowledge and agree that the
property as described under the caption of "Description of property to be included within the
Springdale Service Area" on Exhibit 1 shall hereinafter be included within the Springdale Service
Area, thereby relieving Fayetteville of the obligation of serving said property. The parties
acknowledge and agree that this territorial boundary is a modification of the boundary established
by the 1967 Memorandum. The parties agree that this modification is contemplated and permitted
by paragraph 20 of the 1967 Memorandum. This adjustment of the boundary is deemed appropriate
and necessary in view of the location of the respective facilities of the parties and the need for
service by the property described on Exhibit 1.
SECTION 2. REAFFIRMATION OF EARLIER AGREEMENTS
Except as modified hereby, the parties otherwise reaffirm and ratify the earlier agreements
of the parties, i.e., the 1967 Memorandum and the agreement between Fayetteville and Springdale
dated February 14, 1996.
SECTION 3. CONDITION OF AGREEMENT
This agreement is conditioned upon and subject to the necessary actions by the respective
City Councils of the parties approving this agreement.
SECTION 4. PLEDGE OF CONTINUED COOPERATION
Both parties renew and affirm their mutual pledge to cooperate in this and any future
beneficial water service line adjustment in their effort to most efficiently and fairly serve Washington
County water customers.
Territorial Agreement
-t- Fayetteville and Springdale
SECTION 5. EFFECTIVE DATE
The effective date of this agreement shall be the date in which its approval is voted by the
last City Council and the other having already done so.
SECTION 6. EXECUTION OF COUNTERPART
This agreement may be executed in one or more counterparts, each of which so executed
shall constitute an original and all of which together shall constitute one and the same agreement.
The parties further agree that, to avoid any misunderstanding, only those copies of Exhibit lwhich
bear the signatures of both of the respective mayors of Fayetteville and Springdale, may be relied
upon.
SECTION 7. BINDING EFFECT
This agreement shall be binding upon and inure to the benefit of the parties hereto, their
successors and assigns.
SECTION 8. ENTIRE AGREEMENT
This agreement, including the Exhibit hereto, constitutes the entire agreement between the
parties hereto. Exccpt as referenced in Section 2, there are not and shall not be any verbal
statements, representations, warranties, undertakings or agreements between the parties and this
agreement may not be amended or modified in any respect except by written instrument signed by
the parties hereto.
IN WITNESS WHEREOF this agreement has been executed by the parties hereto the date
and year first above written.
Attest:
Attest:
Cather Woodruff, City,' Ierk
Oatrt
Denise Pledgee, City Clerk
Territorial Agreement
City of Fayetville
By
Dan Coody, Mayor
Cit f Springdale
A
Jerre M. Van Hoos
-2- Fayetteville and Springdale
•
•
•
RESOLUTION NO. 84-02
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT MODIFYING THE WATER SERVICE BOUNDARY BETWEEN THE CITIES
OF SPRINGDALE AND FAYETTEVILLE, ARKANSAS.
WHEREAS, the cities of Springdale and Fayetteville, Arkansas, each operate water distribution
_systems within exclusive service territories as delineated on a map attached to a certain
Memorandum of Understanding, executed in 1967 by and between the Beaver Water District and its
member cities; and
WHEREAS, the cities of Springdale and Fayetteville, Arkansas, recognize that an adjustment of
the territorial boundaries created by the 1967 Memorandum is appropriate so as to provide water
service to a tract of land being developed within the City of Johnson; and
WHEREAS, the City of Springdale, Arkansas, has water and sanitary sewer facilities in close
proximity to the property being developed and the owners of said property have expressed a desire
to obtain utility services from the City of Springdale, Arkansas; and
WHEREAS, an agreement has been prepared providing for the modification of the territorial
boundary between Springdale and Fayetteville which would transfer the property under
development from the City of Fayetteville's water service area to the City of Springdale's water
service area; and
WHEREAS, the modification of the water service boundary is commensurate with provisions found
in Paragraph No. 20 of said Memorandum of Understanding;
NOW THEREFORE BE IT HEREBY RESOLVED that the Mayor and City Clerk are hereby
authorized and directed to execute an agreement modifying the water service boundary between the
cities of Springdale and Fayetteville, Arkansas. A copy of said agreement is attachcd hereto and
incorporated herein by this reference.
PASSED AND APPROVED this 24th day of September, 2002.
Attest:
O/11iAar T OL1IC2
Denise Pearce, City Clerk
City of Springdale, Arkansas
Jerre M. Van ose, Mayor
City of Springdale, Arkansas