HomeMy WebLinkAbout22-08 RESOLUTION•
RESOLUTION NO. 22-08
A RESOLUTION TO APPROVE AN INTERLOCAL
AGREEMENT WITH WASHINGTON COUNTY SO THAT
THE COUNTY MAY CONTINUE TO MONITOR AND
MANAGE COMMUNITY SEWER SYSTEMS THAT HAVE
BEEN ANNEXED INTO FAYETTEVILLE
WHEREAS, Washington County has established ordinances, rules, regulations, and
bonding requirements for Community Sewer Systems in the unincorporated areas of the County;
and
WHEREAS, the City of Fayetteville has annexed one or more of these Community
Sewer Systems and desires that the County and its trained personnel continue to monitor and
manage these systems.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS.
Section 1: The City Council of the City of Fayetteville, Arkansas hereby approves the
attached Interlocal Agreement with Washington County so the County can continue to monitor
and manage any Community Sewer Systems which now or hereinafter may be located within
Fayetteville's city limits for a fee to be charged the owners of the Community Sewer System for
such management.
PASSED and APPROVED this 19th day of February, 2008.
APPROVED:
By:
ATTEST:
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DRA E SMITH, City Clerk/Treasurer
KarenlCommunitSeiverFaylnterlocalAgreementagr.doc 10/16/07
INTERLOCAL AGREEMENT
THIS AGREEMENT, is made pursuant to A.C.A. §14-14-910 and A.C.A. § 25-20-101
et. seq., by and between the County of Washington, Arkansas (County) and the City of
Fayetteville, Arkansas (City).
WITNESSETH:
(1) WHEREAS, the City desires that the County exercise jurisdiction within the corporate
boundaries of the City for purposes of regulating Community Sewer Systems; and
(2) WHEREAS, the County has already passed ordinances concerning Community Sewer
Systems and rules and regulations have been promulgated concerning such; and
(3) WHEREAS, County personnel have gained substantial experience and expertise in
administering Community Sewer Systems, regulations and bonding requirements.
NOW THEREFORE, BE IT KNOWN BY ALL PERSONS BY THESE
PRESENTS, that for and in consideration of the above and for the mutual obligations hereby
created and the mutual benefits so derived, the parties agree as follows:
(A) It is the intent of the parties to create a long-term relationship with regard to the
matter discussed herein. Either party may, by majority vote of its respective goveming body,
elect to modify, or terminate this Agreement In order for this Agreement to be modified, the
governing bodies of both the City and the County must so indicate by a majority vote of their
respective governing bodies. If the parties shall desire to terminate this Agreement, the party or
parties so desiring to withdraw shall give the other parties six (6) months written notification for
its intent to withdraw, which notice shall be mailed to the Chief Executive official of each party.
(B) In the event of the termination of this Agreement, the parties shall each receive
their separate property (if any), whether leased, rented, purchased, or borrowed.
(C) The County shall be entitled to a $2.00 monthly fee per customer of a Community
Sewer System for its proportional administrative costs (as described below) including, but not
limited to salaries and fringe benefits for any staff retained to assist in administering the county
ordinances and regulations.
(D) Any reimbursement beyond the $2.00 monthly fee per customer shall be
calculated on a pro -rata basis to be determined by the number of households being served by a
Community Sewer System in the City versus the number of households being so served outside
the city limits of Fayetteville. The City may pass this cost along to customers served by a
Community Sewer System. It is the intention of the parties that the $2 per customer per month
to be levied by the County and collected from the Responsible Managing Entity (RME) of the
Community Sewer System will cover any administrative costs herein. In the event that such is
not the case, the City cannot be further financially obligated without the consent of its governing
body.
1
(E) The County will provide regulatory services to the City for any Community
Sewer Systems within the incorporated City limits per the County ordinances and rules and
regulations promulgated thereto.
(F) A Board is being created to oversee this joint co-operative effort and shall consist
of the County Judge, the Mayor of Fayetteville and a third person mutually agreed upon. The
Interlocal Board shall meet as needed. Meetings may be called as the need arises by any Board
member.
(G) This Agreement may be amended from time to time by the governing bodies of
the parties. The party desiring to amend this Agreement shall draft their proposed amendment
and, after passage by their governing body, submit the proposed amendment to the other parties,
whereupon said parties governing body shall vote upon said proposed amendment. Should the
amendment be accepted by all parties, it will thereafter become a part and parcel of this
Agreement. Should any party fail to approve a proposed amendment, it will have no force or
effect.
(H) The various provisions and parts of this Agreement are hereby declared to be
severable and if any section or part of a section, provision or part of a provision herein, is held to
be invalid such holding shall not invalidate or effect the remainder of this Agreement.
(I) In accordance with A.C.A. § 25-20-101 et. seq. this Agreement shall be submitted
to the Attorney General.
IN WITNESS HERETO, Washington County, Arkansas and the City of Fayetteville,
Arkansas, have executed this document by their duly elected officers who are authorized to
represent the respective parties hereto in assuring the rights and obligations set forth herein this
j�Y_ day of Dic-t-k-riGam'" ,2007.
WASHINGTON COUNTY,
ARKANSAS
Y H41-4-NTON, County Judge
CITY OF FAYETTEVILLE,
ARKANSAS
DAN COODY, Mayor
ATTEST:
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2
ORDINANCE NO. 2007-63
T
BE IT ORDAINED BY THE QUORUM COURT
OF THE COUNTY OF WASHINGTON,
STATE OF ARKANSAS, AN ORDINANCE
TO BE ENTITLED:
AN ORDINANCE APPROVING AN INTERLOCAL
AGREEMENT BETWEEN WASHINGTON COUNTY
AND THE CITY OF FAYETTEVILLE FOR
WASHINGTON COUNTY TO EXERCISE
JURISDICTION WITHIN THE CORPORATE
BOUNDARIES OF THE CITY FOR PURPOSES OF
REGULATING COMMUNITY SEWER SYSTEMS.
WHEREAS, A.C.A. § 14-14-910 authorizes cities and counties to
enter into contracts to cooperate or join with each other to provide services; such to
specify the responsibilities of all parties; and,
WHEREAS, the City of Fayetteville desires to enter into an
interlocal agreement with Washington County for the County to exercise jurisdiction
within the corporate boundaries of the City for purposes of regulating Community Sewer
Systems; and
WHEREAS, the County has already passed ordinances
concerning Community Sewer Systems and rules and regulations have been
promulgated concerning such.
NOW, THEREFORE, BE IT ORDAINED BY THE QUORUM
COURT OF WASHINGTON COUNTY, ARKANSAS:
ARTICLE 1. That said Interlocal Agreement is approved and
the County Judge is authorized to sign such.
7/- Q- C/
JERRY HU ON, County Judge DATE
KAREN COMBS PRITCHARD, County Clerk
Sponsor:
David Daniel
Date of Passage: November 8 2007
Votes For: 7 Votes Against: 6
Abstention: 0 Absent: 0
Karen Minkel
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
(° Fjord j
City Council Meeting Date
Long Range Planning
Division
Action Required:
zoo 8
Operations
Department
A resolution establishing an interlocal agreement between the City of Fayetteville and Washington County regarding
community sewer systems.
$0.00
Cost of this request
n/a
Account Number
n/a
Project Number
Budgeted Item
n/a
Category/Project Budget
n/a
Funds Used to Date
n/a
Remaining Balance
Budget Adjustment Attached
n/a
Program Category / Project Name
n/a
Program / Project Category Name
n/a
Fund Name
6-7
Department Limo or
Date
City Attorney
11'34)•orl
rx
ck. f -1i -Q,7
Finances
Mayor
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
n/a
n/a
n/a
Received in Ci er ' Office
C
Received in Ma • office
Comments:
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Pi Feb 09
City Council Meeting of Dece 7
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
Kit Williams, City Attorney
Tim Conklin, Planning and Development Mana
David Jurgens, Water and Wastewater Director
Ron Petrie, City Engineer _
L)g1't ai Zit a,
From: Karen Minkel, Senior Long Rang Planner x•M •
ent Director i C.
Date: November 27, 2007
Subject: Resolution establishing an interlocal agreement between the City of Fayetteville
and Washington County regarding community sewer systems
RECOMMENDATION
Planning, Engineering and Water and Wastewater staff recommend approving a
resolution establishing an interlocal agreement between the City of Fayetteville and
Washington County regarding community sewer systems.
BACKGROUND
City Council approved an ordinance to attach and incorporate 1,419.30 acres into the City
of Fayetteville after a majority of citizens voted in favor of annexing the property during
a special election held on October 10, 2006. Through this annexation, the City inherited
two decentralized sewer systems, one that was already under construction and one that
had yet to be constructed but had been approved by Washington County. This situation
prompted City staff members to meet with County Planning staff and the Washington
County Attorney, George Butler, in order to discuss an interlocal agreement regarding the
management of decentralized sewer systems.
County personnel have substantial experience in managing community sewer systems,
regulations and bonding requirements. On the occasions that community sewer systems
are annexed into the City, this interlocal agreement would enable the County to continue
managing the system at a cost of $2.00 per customer per month. This fee would cover
administrative costs and the City could pass along this cost to customers served by the
community sewer system. Any cost beyond the stated $2.00 would have to be approved
by the City Council. In addition, a board would be created to oversee the cooperative
effort, which would include the Mayor of Fayetteville, the County Judge and a third
person whom both parties agreed upon.
BUDGET IMPACT
None.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: Dan Coody, Mayor
City Council
CC: Karen Minkel, Long Range Planner
Tim Conklin, Planning & Development Management Director
FROM: Kit Williams, City Attorney 9(
DATE: November 30, 2007
RE• Interlocal Agreement with Washington County
The Planning and Legal Departments of the City and Washington County
met to discuss how best to monitor and manage Community Sewer Systems that
have been or may in the future be brought into the City Limits. Washington
County has already established working regulations for such systems (including
bonding requirements) and has trained and experienced staff in place to monitor
those Community Sewer Systems.
The City Staff concluded that it would be an inefficient and unnecessary
duplication of effort for the City to try to educate and train city staff for the small
number of these systems within the City. The County is willing to continue
managing these systems for the same reasonable fee per household served ($2.00
monthly) as it currently receives for systems outside the city.
Therefore, the County Attorney (George Butler) and I. drafted the attached
Interlocal Agreement authorizing the County to continue management of the
community sewer systems for the $2.00 monthly household fee. If this $2.00 fee
becomes insufficient, the City could have to pay its proportionate share of
Increased costs, but can pass this additional cost along to the households using the
Community Sewer Systems. Thus, this agreement should not cost the City
anything and will avoid the necessity of training City staff to do what the County
staff already has the expertise to accomplish.
RESOLUTION NO.
A RESOLUTION TO APPROVE AN INTERLOCAL AGREEMENT
WITH WASHINGTON COUNTY SO THAT THE COUNTY MAY
CONTINUE TO MONITOR AND MANAGE COMMUNITY SEWER
SYSTEMS THAT HAVE BEEN ANNEXED INTO FAYETTEVILLE
WHEREAS, Washington County has established ordinances, rules, regulations, and
bonding requirements for Community Sewer Systems in the unincorporated areas of the County;
and
WHEREAS the City of Fayetteville has annexed one or more of these Community
Sewer Systems and desires that the County and its trained personnel continue to monitor and
manage these systems.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: The City Council of the City of Fayetteville. Arkansas hereby approves the
attached Interlocal Agreement with Washington County so the County can continue to monitor
and manage any Community Sewer Systems which now or hereinafter may be located within
Fayetteville's city limits for a fee to be charged the owners of the Community Sewer System for
such management.
PASSED and APPROVED this 18th day of December. 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E SMITH, City Clerk/Treasurer
INTERLOCAL AGREEMENT
THIS AGREEMENT, is made pursuant to A.C.A. §14-14-910 and A.C.A. § 25-20-101
et. seq., by and between the County of Washington, Arkansas (County) and the City of
Fayetteville, Arkansas (City).
WITNESSETH:
(1) WHEREAS, the City desires that the County exercise jurisdiction within the corporate
boundaries of the City for purposes of regulating Community Sewer Systems; and
(2) WHEREAS, the County has already passed ordinances concerning Community Sewer
Systems and rules and regulations have been promulgated concerning such; and
(3) WHEREAS, County personnel have gained substantial experience and expertise in
administering Community Sewer Systems, regulations and bonding requirements.
NOW THEREFORE, BE IT KNOWN BY ALL PERSONS BY THESE
PRESENTS, that for and in consideration of the above and for the mutual obligations hereby
created and the mutual benefits so derived, the parties agree as follows:
(A) It is the intent of the parties to create a long-term relationship with regard to the
matter discussed herein. Either party niay, by majority vote of its respective governing body,
elect to modify, or terminate this Agreement. In order for this Agreement to be modified, the
governing bodies of both the City and the County must so indicate by a majority vote of their
respective governing bodies. If the parties shall desire to terminate this Agreement, the party or
parties so desiring to withdraw shall give the other parties six (6) months written notification for
its intent to withdraw, which notice shall be mailed to the Chief Executive official of each party.
(B) In the event of the termination of this Agreement, the parties shall each receive
their separate property (if any), whether leased, rented, purchased, or borrowed.
(C) The County shall be entitled to a $2.00 monthly fee per customer of a Community
Sewer System for its proportional administrative costs (as described below) including, but not
limited to salaries and fringe benefits for any staff retained to assist in administering the county
ordinances and regulations.
(D) Any reimbursement beyond the $2.00 monthly fee per customer shall be
calculated on a pro -rata basis to be determined by the number of households being served by a
Community Sewer System in the City versus the number of households being so served outside
the city limits of Fayetteville. The City may pass this cost along to customers served by a
Community Sewer System. It is the intention of the parties that the $2 per customer per month
to be levied by the County and collected from the Responsible Managing Entity (RME) of the
Community Sewer System will cover any administrative costs herein. In the event that such is
not the case, the City cannot be further financially obligated without the consent of its governing
body.
(E) The County will provide regulatory services to the City for any Community
Sewer Systems within the incorporated City limits per the County ordinances and rules and
regulations promulgated thereto.
(F) A Board is being created to oversee this joint co-operative effort and shall consist
of the County Judge, the Mayor of Fayetteville and a third person mutually agreed upon. The
Interlocal Board shall meet as needed. Meetings may be called as the need arises by any Board
member.
(G) This Agreement may be amended from time to time by the governing bodies of
the parties. The party desiring to amend this Agreement shall draft their proposed amendment
and, after passage by their governing body, submit the proposed amendment to the other parties,
whereupon said parties governing body shall vote upon said proposed amendment. Should the
amendment be accepted by all parties, it will thereafter become a part and parcel of this
Agreement. Should any party fail to approve a proposed amendment, it will have no force or
effect.
(H) The various provisions and parts of this Agreement are hereby declared to be
severable and if any section or part of a section, provision or part of a provision herein, is held to
be invalid such holding shall not invalidate or effect the remainder of this Agreement.
(I) In accordance with A.C.A. § 25-20-101 et. seq. this Agreement shall be submitted
to the Attorney General.
IN WITNESS HERETO, Washington County, Arkansas and the City of Fayetteville,
Arkansas, have executed this document by their duly elected officers who are authorized to
represent the respective parties hereto in assuring the rights and obligations set forth herein this
day of , 2007.
WASHINGTON COUNTY, CITY OF FAYETTEVILLE,
ARKANSAS ARKANSAS
JERRY HUNTON, County Judge DAN COODY, Mayor
ATTEST:
Sondra E. Smith, City Clerk/Treasurer
2
(1/14/2008) Lisa Branson - Washington County Agreement Page 1
From: David Jurgens
To: Branson, Lisa
Date: 1/14/2008 8:28 AM
Subject: Washington County Agreement
Lisa,
The Washington County agreement was approved Thursday by the Water/Sewer Committee for
forwarding to the full Council.
I will let you know which agenda to put it on. I will be traveling from 21 Jan - 2 Feb, which may determine
the CC schedule (either first or second meeting in February).
Thank you,
David
Sent by Blackberry
2.29.08) Clarice Pearman - Res. 22-08
Page 1
From:
To:
Date:
Subject:
Attachments:
Clarice Pearman
Minkel, Karen
2.29.08 3:52 PM
Res. 22-08
22-08 Wash Co Interlocal Agrmt.pdf
CC: Audit
Karen:
Attached is a copy of the above resolution regarding the Washington County Interlocal Agreement. I will forward to you
one of two signed original agreements Please let me know if there is anything else needed for this item. Have a good
weekend.
Thanks.
Clarice