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Home My WebLink About86-04 RESOLUTION• RESOLUTION NO. 8 6- 0 4 A RESOLUTION TO APPROVE AN AMENDMENT TO THE WATER SERVICE AGREEMENT WITH SPRINGDALE TO MOVE THE WATER SERVICE BOUNDARY SO THAT 180 ACRES NOW WITH THE FAYETTEVILLE WATER SERVICE AREA BE MOVED INTO THE SPRINGDALE WATER SERVICE AREA AS SOON AS SPRINGDALE ACCEPTS THE TRANSFER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. Upon request of the property owner, agreement of the Springdale Water and Sewer Commission, and in Tight of the existing infrastructure available to the 180 acre parcel identified in Exhibit A, the City Council of Fayetteville hereby finds it is proper to adjust the water service boundary line between Fayetteville and Springdale so that this 180 acre parcel is moved into the Springdale water service area as soon as Springdale and its Water and Sewer Commission agree to accept this transfer. PASSED and APPROVED this 151 day of June, 2004. ATTEST: By. SOND S MG.b-, ITH, City Clerk By: APPROVED: DAN COODY, Mayor °F ................. .. SGS. Sr. G\SY O� ••• .P V • • V3 a • c •FAYETTEVILLE: 5.1 • :t. •` ys.94)KANSP�J`�.`� .,,,,crol.,,.. AGREEMENT THIS AGREEMENT is made and entered into this 5# day of JUBA.. , 2001, by and PA to/ SG-od between the City of Fayetteville, "Fayetteville," and the City of Springdale, "Springdale." WITNESSETH: WHEREAS, the parties each operate water distribution system 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" as well as subsequent Agreements; and WHEREAS, Fayetteville and Springdale recognize that an adjustment of the territorial boundaries created by the 1967 Memorandum is appropriate so as to provide water service to lands proposed for development within the City of Springdale and adjacent lands within Washington County, Arkansas; and WHEREAS, the Fayetteville and Springdale desire to cooperate and thereby advance and protect the interest of each by entering into the Agreement. NOW, THEREFORE, in consideration of the covenants and agreements herein contained, and adequacy and receipt of which is acknowledged, it is mutually understood and agreed by and between the parties hereto as follows: SECTION 1 — 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 in paragraph 20 as well as subsequent Agreements. This adjustment of the boundary is deemed appropriate and nerrs ary in view of the location of 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 earlier agreements of the parties. 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. 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. depict • • 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 1 which 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 parties hereto, their successors and assigns. SECTION 8 —ENTIRE AGREEMENT This agreement, including the Exhibit hereto, constitutes the entire agreement between the parties hereto. Except as referenced in Section 2, these 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: 4,\---RK/T%%%%%%%%%%. -1. •"c1Yc ••.,p ' •• � ' U ,31- - ;FAYETTEVILLE; Fi ty.9;D/(ANS:• JZ�3 ,,�,yG T oto Ont4r4ith, City Attest: out_ taftn____ Denise Pearce, City Clerk CITY OF FAYETTEVILLE, ARKANSAS By Dan Coody, Mayor CITY OF SPRINGDALE, ARKANSAS (?1/11 erre M. Van Hoose, Mayor SPRINGDALLE CIT LIM. 9 1CISIAI050S Orn'n aNvb0 e.ijSW roach j Read $ 6 iMMGR4E CITY LIMITS IMI-FSIAl licuva.l "at rsc-a 1 s PROPOSED FAYETTEVILLE WATER SERVICE AREA pMOARY A A_ FAYETTEVILLE WATER SERVICE AREA . BOUNDARY ADJUSTMENT 0 0 0 ENGIN EER NG SERVICES INCORPORATED_y_ rimer- • ass CITY/OF - u �� NGpaLE Ar 4 LAKESIOF �N �7y, r Srw�GBa 4 ALT, Ll / E!� III*0 d COACHLITE LN i • BLEVINS LN WASHINGTON COUNTY (UNINCORPORATED) JULIO R0 VC 537 i JULIO R0 /ASHINGTON COUNTY (UNINCORPORATED) WASHINGTON COUNTY (UNINCORPORATED) 746/ACE,./"IiWITS WASHINGTON COUNTY (UNINCORPORATED) LN/ WASHINGTON COUNTY is (UNINCORPORATED) G. BOWEN DR CLEAR CR CITY SPRI HUNTERS �RIOGE RD FAYETTEVILLE PLANNING AREA BOUNDARY o ce WASHINGTON COUNTY (UNINCORPORATED) HOWARD ANDERSON RO FAYETTEVILLE PLANNING AREA WASHINGTON COUNTY ZION RO PROPOSED WATER ERVICE AREA BOUNDAR FAYETTEVILLE PLANNING AREA WASHINGTON COUNTY s(- 0 FAYETTEVILLE PLANNING AREA WASHINGTON COUNTY 0 FAYETTEVILLE PLANNING AREA WASHINGTON COUNTY o' 9 OnArl CIESOW Fui FAYETTEVILLE RATER SERVICE AREA BOUNDAW ADJUSTMENT GRAND VALLEY MEADOWS WASHINGTON COUNTY, ARKANSAS ENGINEERING SERVIC INrip CORPORATED 1x07 SWM QO 1AS5WTh RB. EPRwwuEe "AxlANSAS eonc7x7s. NAME OF FILE: CROSS REFERENCE: Item # Date • Resolution No. 86-04 Document i 1 04/30/04 memo to mayor & City Council 2 draft resolution 3 letter from Engineering Services, Inc. 4 letter from Engineering Services, Inc. 5 Staff Review Form 6 draft resolution 7 memo to City Council 8 copy of email to Greg Boettcher 9 copy of email to Greg Boettcher 10 copy of letter to Brian Moore, P.E. 11 copy of email to Greg Boettcher 12 copy of email to Greg Boettcher 13 copy of email to Greg Boettcher 14 copy of email to Greg Boettcher 15 copy of email to Greg Boettcher 16 copy of email to Greg Boettcher 17 memo to Greg Boettcher NOTES: • CITY COUNCIL AGENDA MEMO City Council Meering of May 18, 2004 To: MAYOR AND CITY.COUN .L From: Greg Boettcher Water/Wastewater Director Date: April 30, 2004 Thru: Hugh Earnest Chief Administrative Officer Subject: Resolution approving modification of the exclusive water service line between Fayetteville and Springdale transferring 180 acres into Springdale's exclusive water service area. RECOMMENDATION Fayetteville City Administration recommends approval of a resolution transferring 180 acres from Fayetteville's exclusive water service area to Springdale's exclusive water service area at the request of the property owner, Mr. Tom Terminella. BACKGROUND On June 15, 1967, concurrent with the implementation Beaver Water District's improvement project, the cities of Bentonville, Fayetteville, Rogers and Springdale agreed upon exclusive water service areas. As a part of this intermunicipal agreement, the cities retained the right to alter their exclusive water service areas by mutual agreement. On March 30, 2004, the Fayetteville Water and Sewer Committee reviewed a request by Mr. Tom Terminella for a modification of the exclusive water service area between Fayetteville and Springdale. The request before the committee involved the transfer of 180 acres northeast of Fayetteville (growth area) from the Fayetteville to the Springdale exclusive water service area. Details of the request, location drawings for the subject property and other supporting information is attached. The Fayetteville Water and Sewer Committee unanimously supported the change in water servcie area. DISCUSSION The exclusive water service areas developed over 35 years ago continue to provide a basis for long range infrastructure planning and eliminates redundancy in municipal facililties. The final decision on service must be based upon each respective water supply's current capacity availability and ability to provide services to a particular area. Factors that influence the release of the 180 acres include the following: * Subject property in growth area and contiguous to Springdale * Subject property abutts tracts being served by Springdale water/sewer * Subject • property not contiguous to Fayetteville * Subject property not near Fayetteville water/sewer facilities BUDGET IMPACT The change in exclusive water service area has no budget impact. 1 ia// d��m axis�21 RESOLUTION NO. A RESOLUTION TO APPROVE AN AMENDMENT TO THE WATER SERVICE AGREEMENT WITH SPRINGDALE TO MOVE THE WATER SERVICE BOUNDARY SO THAT 180 ACRES NOW WITH THE FAYETTEVILLE WATER SERVICE AREA BE MOVED INTO THE SPRINGDALE WATER SERVICE AREA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: Upon request of the property owner and in light of the existing infrastructure available to the 180 acre parcel identified in Exhibit A, the City Council of Fayetteville hereby finds it is proper to adjust the water service boundary line between Fayetteville and Springdale so that this 180 acre parcel is moved into the Springdale water service area. PASSED and APPROVED this the 18`" day of May, 2004. By: ATTEST: By: SONDRA SMITH, City Clerk APPROVED: DAN COODY, Mayor • • Engineering Services, Inc. 1207 S. Old Missouri Rd. • P.O. Box 282 • Springdale, Arkansas 72765-0282 Phone: 479-751-8733 • Fax: 479-751-8746 March 29, 2004 Mr. Greg Boettcher, P.E. Water and Wastewater Director City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 RE• Water Service Territory Amendment Washington County, Arkansas Dear Mr. Boettcher: RECEIVED MAR 2 9 2004 CITY OF FAYETTEVILLE MAYOR'S OFFICE ESI previously requested that approximately one hundred twenty acres be removed from the Fayetteville Water Service Territory. This letter is to request that an additional sixty acres be removed from the Fayetteville Water Service Territory, bringing the total amount of land to be removed to one hundred eighty acres. The drawings enclosed with this letter illustrate these properties and how they are situated in relation to several ongoing projects and Springdale and Fayetteville city limits. As shown, all the property in consideration lies within the Fayetteville Planning District, in Washington County. The rationale for removing these lands from the Fayetteville Water Service Territory is the same as outlined in our letter to your office dated March 17 of this year. Please note that the sewer for this parcel of land will gravity flow to the Grand Valley Subivision master lift station. Please contact this office if you have any questions or if any additional information is needed prior to the meeting. Thank you for your continued attention to this matter. Brian J. Moore, P.E. Secretary/Treasurer Consulting Engineers and Surveyors Jerry W. Martin, P.E. E. Walt Lefevre P E. Philip C. Humbard, P.E., P.LS. Brian J. Moore, P.E. President Senior Vice President Vice President Secretary / Treasurer • • at the intersection with Butterfield Coach Road. The drawing submitted with this letter illustrates the location of the property requested to be removed from the Fayetteville Water Service Area and Grand Valley Subdivision. We plan to attend the Water and Sewer Committee on March 30. Please contact this office if you have any questions or if any additional information is needed prior to the meeting. Sincerely, Brian J. Moore, P.E Secretary/Treasurer Consulting Engineers and Surveyors Jerry W. Marlin, P.E. E. Walt (.,Fevre, P.E. Philip C. Humbard, P.E. Brian J. Moore, P.E. President Senior Vice President Vice President Secretary / Treasurer • • Engineering Services, Inc. 1207 S. Old Missouri Rd. • P.O. Box 282 • Springdale, Arkansas 72765-0282 Phone: 479-751-8733 • Fax: 479-751-8746 March 17, 2004 Mr. Greg Boettcher, P.E. Water and Wastewater Director City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 RE: Water Service Territory Amendment Washington County, Arkansas Dear Mr. Boettcher: RECEIVED MAR 18 2004 CITY OF FAYETTEVILLE MAYOR'S OFFICE This is in response to your letter dated March 4, 2004, requesting more information regarding the relative capabilities of the Springdale and Fayetteville water systems to provide water to the proposed development. The nearest existing lines in the Fayetteville water system to the area in consideration are insufficient to serve the proposed subdivision. There is currently a 3" P.V.C. water line running along Guy Terry Road (WC 92) approximately 2,640 feet south of the project. Approximately 1,320 feet east of the project, along Butterfield Coach Road, there is presently a 2" P.V.C. water line. Neither of these lines are large enough to serve the proposed development. The existing Fayetteville water lines which are large enough to serve the proposed development are not located near enough to feasibly serve it. There is an 18" water main to the south of the project, running along Gulley Road (WC 81). At its closest point to the proposed development (the intersection of Gulley Road and Howard Porter Road (WC539)) this water line is approximately one mile from the area to be served. The developer will be extending water and sewer lines through Grand Valley Subdivision large enough to serve the proposed development. Grand Valley Subdivision is approximately 260 acres in size, and is immediately to the north of and adjacent to the property to be removed from the Fayetteville water service territory. The water lines within Grand Valley Subdivision will be connected to a Springdale 16" water main running along John Johnson Road and ending esi Consulting Engineers and Surveyors Jerry W. Martin, P.E. E. Walt Lerevre, P.E. Philip C. Humbard, P.E., P.L.S. Brian J. Moore, P.E. President Senior Vice President Vice President Scudary / Treasurer • STAFF REA FORM - NON-FINANCIAL OBLIGATION X AGENDA REQUEST For the Fayetteville City Council Meeting of: May 18,2004 FROM: Greg Boettcher Administration Water and Wastewater Name Division Department ACTION REQUIRED: Resolution approving modification of the exclusive water service line between Fayetteville and Springdale, transferring 180 acres into Springdale's exclusive water service area. SUMMARY EXPLANATION: In accordance with the June 15, 1967, agreement between the cities served by the Beaver Water District, exclusive water service areas have been defined that may be altered only by mutual agreement between the affected cities. The property owner has requested that his 180 acres be moved to the Springdale exclusive water service area since the tract is contiguous with Springdale and Springdale water and sewer infrastructure is available, adequate and accessible. STAFF RECOMMENDATION: Division ead Date • City • ney Eot Depart¢(ent Director Finance &�ervices Dir. (f-30 -o4 Date Date s -3-o Date Chief t.f inistrative Officer Received in Mayor's Office Cross Reference: Previous Ord/Res#: Orig. Contract Date: Orig. Contract Number: New Item: S/3/04{ Date nyL Yes No • • 8± RESOLUTION NO. 544-1C141Idate4. SAAAit Arias • A RESOLUTION TO APPROVE AN AMENDMENT TO THE WATER SERVICE AGREEMENT WITH SPRINGDALE TO MOVE THE WATER SERVICE BOUNDARY SO THAT 180 ACRES NOW WITH THE FAYETTEVILLE WATER SERVICE AREA BE MOVED INTO THE SPRINGDALE WATER SERVICE AREA AS SOON AS SPRINGDALE ACCEPTS THE TRANSFER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS - Section 1: Upon request of the property owner, agreement of the Springdale Water and Sewer Commission, and in light of the existing infrastructure available to the 180 acre parcel identified in Exhibit A, the City Council of Fayetteville hereby finds it is proper to adjust the water service boundary line between Fayetteville and Springdale so that this 180 acre parcel is moved into the Springdale water service area as soon as Springdale and its Water and Sewer Commission agree to accept this transfer. PASSED and APPROVED this ls` day of June, 2004. ATTEST: By: SONDRA SMITH, City Clerk APPROVED: sic By: DAN COODY, Mayor • • • • FAYETTEVILLE 'IHE CITY OF FAYETTEVIIIE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE ‚is LEGAL DEPARTMENT TO: City Council FROM: Kit Williams, City Attorney DATE: May 24, 2004 RE- Water Service Boundary transfer of 180 acres to Springdale Attached is the proposed Amended Resolution to make the change in water service boundary dependent upon Springdale's agreement to accept the 180 acres as proposed by the owners of this land. If acceptable, an alderman will need to move to amend the initial Resolution to conform with the wording in this amended version. Clarice Pearman - Water Service Agreementendment Page 1 From: Clarice Pearman To: Boettcher, Greg Subject: Water Service Agreement Amendment Hey guy, are you getting me a signed amendment for the agreement with the Springdale Water & Sewer Commission? Also, the resolution references an Exhibit A but there isn't one attached. Please let me know about these items. Thanks. Clarice Clarice Pearman - Re: Water Service Agree Amendment • Page 1 k From: Greg Boettcher To: Pearman, Clarice Date: 6/2/04 4:42PM. Subject: Re: Water Service Agreement Amendment We will be waiting on this one as it must go through Springdale and be signed. I will send a notice to the engineer to move the Springdale City Council item forward. Thanks for reminding me. Greg »> Clarice Pearman 06/02/04 03:23PM »> Hey guy, are you getting me a signed amendment for the agreement with the Springdale Water & Sewer Commission? Also, the resolution references an Exhibit A but there isn't one attached. Please let me know about these items. Thanks. Clarice FAYETTEV.LE THE CITY OF FAYETTEVILLE, ARKANSAS • June 3, 2004 Mr. Brian Moore, P E Engineering Services, Inc. 1207 S. Old Missouri Road Springdale, AR 72765-0282 RE Water Service Territory Amendment Springdale and Fayetteville 180 Acres (Request by Mr. Tom Terminella) Dear Mr. Moore: At the June 1, 2004 Fayetteville City Council Meeting, a resolution to amend the water service territory boundary between Springdale and Fayetteville was approved This resolution is contingent upon the City of Springdale's reciprocal approval of said change. A copy of the resolution, as approved is enclosed. At your earliest convenience, please provide an anticipated schedule for resolution of this matter with the City of Springdale. A copy of the proposed territory change is also being forwarded to Beaver Water District for their records Should you have questions, please do not hesitate to contact me at 4790 -575 - 8330. Sincerely yours, City of Fayetteville Greg Boettcher, P E Water and Wastewater Director GB/pkh Enclosure cc: Bob Estes, David Jurgens Alan Fortenberry, Clarice Pearman 113 WEST MOUNTAIN 72701 479-521-7700 [Clarice Pearman - agreement From: Clarice Pearman To: Boettcher, Greg Subject: agreement Page 1 This is just a reminder that I'm still waiting on the Water Service Agreement with Springdale to attached to a resolution passed by Council June 1, 2004. Please let me know when I might expect to receive this agreement back. Thanks. Clarice Pearman - Re: agreement From: Greg Boettcher To: Pearman, Clarice Date: 7/9/04 1:11 PM Subject: Re: agreement I will follow up with the developer, it may be some time as the City of Springdale must pass a similar ordinance. Greg Page 11 »> Clarice Pearman 07/09/04 12:29PM »> This is just a reminder that I'm still waiting on the Water Service Agreement with Springdale to attached to a resolution passed by Council June 1, 2004. Please let me know when I might expect to receive this agreement back. Thanks. Clarice Pearman - Water Service Agreement From: Clarice Pearman To: Boettcher, Greg Date: 7/22/04 10:13AM Subject: Water Service Agreement Page 1 Just a reminder so you can follow up with Springdale on this agreement. Please let me know. Thanks. Clarice