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HomeMy WebLinkAbout04-09 RESOLUTIONRESOLUTION NO. 04-09 A RESOLUTION TO APPROVE A TWO YEAR AGREEMENT TO CONTINUE SEWER SERVICE FOR GREENLAND. WHEREAS, the Fayetteville -Greenland Sewer Contract entered into on December 21, 1993, officially expires after December 21, 2008; and WHEREAS, only a short (one year) extension of this Sewer Contract is needed before the anticipated acquisition of Greenland's sewer system into the Fayetteville sewer system can be accomplished. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas, hereby approves the attached Two Year Agreement to Continue Sewer Service For Greenland and authorizes Mayor Jordan to execute this contract. PASSED and APPROVED this 6th day of January, 2009. ATTEST. ��•••G\TY Oc'%GP :FAYETTEVILLE; oy g:4 ;9s RtANs Jam': 11/4/11111111 %%%% l7/[/ By: 1 -1) & q zz L SONDRA E. SMITH, City Clerk/Treasurer TWO YEAR AGREEMENT TO CONTINUE SEWER SERVICE BY FAYETTEVILLE FOR GREENLAND Come now the City of Fayetteville and the City of Greenland and agree to a two year sewer contract for the period of January 6, 2009 until January 5, 2011. The cities agree as follows: 1. Fayetteville agrees that it will continue to operate and maintain the Greenland sewer system and shall treat all wastewater collected within the Greenland city limits (but only for customers who have individual water services provided by Fayetteville). Sewer service to Greenland residents not having Fayetteville water service may be furnished provided mutual agreement on the method of billing such customers can be reached by Fayetteville and Greenland. 2. Greenland agrees that it will require its citizens receiving Fayetteville water service to purchase sewer service from Fayetteville under the, same sewer availability criteria as required of Fayetteville citizens. Greenland agrees that its citizens will be subject to pay sewer rates on a cost -of -service basis pursuant to the current sewer service rates adopted by the Fayetteville City Council (§51.137 of the Code of Fayetteville) and any amendments approved thereto. 3. Greenland agrees that it will require its citizens (by ordinance or otherwise adopted no later than March 31, 2009) receiving new sewer service from Fayetteville to pay sewer impact fees to Fayetteville in the same amount as new development in Fayetteville pays pursuant to the current ordinance and any amendments to §159.02 Water and Wastewater Impact Fees of the Unified Development Code of Fayetteville. 4. Paragraphs 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 21 and 22 of the 1993 Fayetteville - Greenland Sewer Contract are adopted and incorporated herein as if set forth word for word. 5. Fayetteville and Greenland anticipate that the City of Fayetteville shall either assume ownership and operation of the Greenland sewer system in 2009-2010 or that another, Long-term Fayetteville - Greenland Sewer Contract shall be adopted in 2010 in which Fayetteville will agree to continue to operate and maintain the sewer system within and serving Greenland residents. IN AGREEMENT WITH ALL PROMISES, OBLIGATIONS AND TERMS STATED ABOVE, the Mayors of the Cities of Fayetteville and Greenland have signed below after having been properly authorized by their respective City Councils. By CITY OF FAYETTEVILLE Al LEST: B CITY OF GREENLAND A I PEST: By:M' By: 14J anti-, l �� Sondra E. Smith, City Clerk Donna Cheevers, City Clerk Date: p,is„3Q -0 7 Date: C.•.�.i 1 R ? ".,,' vA.C'�'J1Y OF�SGcn1.1 c : FAYETTEVILLE' %.°'y; . NGTON Gp`‘ 11 AGENDA REQUEST FOR: COUNCIL MEETING OF JANUARY 6, 2008 / /j6109 GZenlana' tee' FROM: KIT WILLIAMS, CITY ATTORNEY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A Resolution To Approve A One Year Agreement to Continue Sewer Service For Greenland APPROVED FOR AGENDA: cr\ or-bt0 16 Diu. 0 8 Water & Wastewater Director Date Ci torney May Date 2'Y Q � l?,-�Z--aB or Date C44% 07 FAYETTEVILLE THE CIN OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Fayetteville Sewer Committee CC: David Jurgens, Water & Wastewater Director FROM: Kit Williams, City Attorney DATE: December 16, 2008 RE• One Year Sewer Contract with Greenland ( After I drafted a 25 -page contract (based upon the approved Farmington sewer contract) for a long-term extension of Greenland's sewer contract with Fayetteville (that expires December 21, 2008), Water & Wastewater Director David Jurgens informed me that a long extension was not needed. Mr. Jurgens Informed me that a one year extension was all that would be needed because city staff and the City Sewer Committee desired to obtain ownership (as well as continued operation and maintenance) of the Greenland Sewer System. Therefore, I have drafted a one year contract that incorporates much of the 1993 contract, but also includes sewer connection requirements identical to the requirements of Fayetteville residents as well as sewer impact fees identical to what new development would have to pay in Fayetteville. If this proposed one year agreement is satisfactory to the Sewer Committee, I propose it be placed on the January 6, 2009 City Council Agenda for City Council approval Once it meets the Sewer Committee's approval it should be sent to Greenland for their City Council's approved at their first meeting in January 2009. All sewer services provided to Greenland residents by the City of Fayetteville should continue unchanged through the approval of this contract by both cities. RESOLUTION NO. A RESOLUTION TO APPROVE A ONE YEAR AGREEMENT TO CONTINUE SEWER SERVICE FOR GREENLAND WHEREAS, the Fayetteville -Greenland Sewer Contract entered into on December 21, 1993, officially expires after December 21, 2008; and WHEREAS, only a short (one year) extension of this Sewer Contract is needed before the anticipated acquisition of Greenland's sewer system into the Fayetteville sewer system can be accomplished. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas, hereby approves the attached One Year Agreement to Continue Sewer Service For Greenland and authorizes Mayor Jordan to execute this contract. PASSED and APPROVED this 6th day of January, 2009. APPROVED: ATTEST. By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer ONE YEAR AGREEMENT TO CONTINUE SEWER SERVICE BY FAYETTEVILLE FOR GREENLAND Come now the City of Fayetteville and the City of Greenland and agree to a one year sewer contract for the period of January 6, 2009 until January 5, 2010. The cities agree as follows: 1. Fayetteville agrees that it will continue to operate and maintain the Greenland sewer system and shall treat all wastewater collected within the Greenland city limits (but only for customers who have individual water services provided by Fayetteville). Sewer service to Greenland residents not having Fayetteville water service may be furnished provided mutual agreement on the method of billing such customers can be reached by Fayetteville and Greenland. 2. Greenland agrees that it will require its citizens receiving Fayetteville water service to purchase sewer service from Fayetteville under the same sewer availability criteria as required of Fayetteville citizens Greenland agrees that its citizens will be subject to pay sewer rates on a cost -of -service basis pursuant to the current sewer service rates adopted by the Fayetteville City Council (01.137 of the Code of Fayetteville) and any amendments approved thereto. 3. Greenland agrees that it will require its citizens (by ordinance or otherwise adopted no later than March 31, 2009) receiving new sewer service from Fayetteville to pay sewer impact fees to Fayetteville in the same amount as new development in Fayetteville pays pursuant to the current ordinance and any amendments to §159.02 Water and Wastewater Impact Fees of the Unified Development Code of Fayetteville. 4. Paragraphs 5, 6, 7, 8, 9, 10, 11, 12, 13, 15,16,17, 18, 19, 21 and 22 of the 1993 Fayetteville - Greenland Sewer Contract are adopted and incorporated herein as if set forth word for word. 5. Fayetteville and Greenland anticipate that the City of Fayetteville shall either assume ownership and operation of the Greenland sewer system in 2009 or that another, long-term Fayetteville - Greenland Sewer Contract shall be adopted in 2009 in which Fayetteville will agree to continue to operate and maintain the sewer system within and serving Greenland residents. IN AGREEMENT WITH ALL PROMISES, OBLIGATIONS AND TERMS STATED ABOVE, the Mayors of the Cities of Fayetteville and Greenland have signed below after having been properly authorized by their respective City Councils. CITY OF FAYETTEVILLE CITY OF GREENLAND By: By: LIONELD JORDAN, Mayor JOHN GRAY, Mayor All EST: ATTEST: By: By: Sondra E. Smith, City Clerk Donna Cheevers, City Clerk Date: Date: • • • • • • RESOLUTION NO. 137-93 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE GREENLAND SEWER LINE AND LIFT STATION MAINTENANCE CONTRACT, WITH MODIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized to execute the Greenland sewer line and lift station maintenance contract, with modifications. A copy of the contracts are attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 2Ist day of December , 1991 ATTEST. By: �dlth4t/ it Sherry L. Thomas, City Clerk APPROVED: By: ZY /✓'� " red Hanna, Mayor • FAYETTEVILLE-GREENLAND SEWER CONTRACT This Contract, made and entered into this,?/,,r day of ,9.c.t,,i...4 1993, by and between the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called Fayetteville, and the City of Greenland, Arkansas, a municipal corporation, hereinafter called Greenland. WITNESSETH: WHEREAS, Fayetteville owns and operates a public sewerage system consisting of lateral, main and interceptor sewers, sewage lift stations, and treatment facilities, and WHEREAS, Fayetteville now has a sewage lift station near the west city limits of Fayetteville from which sewage may be transmitted to Fayetteville's treatment facilities for treatment, and WHEREAS, Fayetteville's sewerage system has a capacity in excess than required by Fayetteville, and WHEREAS, Greenland has a public sewerage system, including sewer lines and a sewage pump station, and other appurtenances thereto (hereinafter referred to as the Greenland System), and WHEREAS, to maintain certain health standards and to alleviate public health hazards to the citizens of Fayetteville and Greenland, the parties hereto desire to provide for maintenance of the Greenland System and treatment of sewage generated in Greenland; NOW. THEREFORE. IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS HEREINAFTER SET FORTH. THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS: 1. FAYETTEVILLE'S OBLIGATIONS: Fayetteville agrees that it will, for a period of 15 years, from and after the date of the execution of this contract, operate and maintain (as defined hereinafter) the Greenland System and shall treat all waste water collected within Greenland's City Limits. Provided, however, that Greenland will provide individual sewer service only to customers who have individual water services from Fayetteville. Sewer service to Greenland residents not having Fayetteville water may be furnished provided mutual agreement on method of billing can be attained between Fayetteville and Greenland. 2. GREENLAND'S OBLIGATIONS: Greenland agrees that they will purchase sewer service from Fayetteville for the period above specified for sewer customers within Greenland's City Limits. 1 Greenland agrees that Fayetteville will be permitted to charge individual customers the rates and charges hereinafter provided. 3. DEFINITION OF LIMITS OF GREENLAND: The term "Greenland City Limits" as used in this contract shall mean the legal corporate limits of Greenland as they exist at the time this contract is executed, or as may be modified by Greenland in the future in whatever manner that may be provided for by law for annexation. 4. SEWER RATES: The rates for sewer service shall be on a cost -of -service basis as computed by a Registered Professional Engineer selected and employed by the City of Fayetteville. Greenland shall have the right to review such rates and provide the City with their comments prior to the time that the rates are adopted by Fayetteville. The rates as of the date of this contract shall be as shown on Exhibit "A" attached. The sewer rates include maintenance and treatment costs, tapping fees, and surcharge rates for excess BOD and Suspended Solids. Fayetteville reserves the right to review the sewer rates at the end of each three year period or at the same time Fayetteville rates are reviewed, and make an adjustment in said rates if indicated, based upon a demonstrable increase or decrease in cost of performance hereunder. 5. CHARGES AND REQUIREMENTS FOR SEWER SERVICE CONNECTIONS: The charges for making individual connections to the Greenland System shall be as established by the Fayetteville City Council and as adjusted from time to time. A Plumbing Permit must be obtained from the City of Fayetteville before a connection order can be issued by Fayetteville. 6. BILLING, COLLECTIONS AND PAYMENT: Fayetteville shall issue billing and collect all bills in accordance with ordinances of the City of Fayetteville and the rules and regulations of the Sewer Department of Fayetteville as now exist or hereafter adopted, and if any customer fails or refuses to pay said billing, Fayetteville shall discontinue water and sewer service to such customer in accordance with said ordinances, rules and regulations. 7. COMPLIANCE WITH RULES AND REGULATIONS: The City of Greenland and all sewer customers shall comply with, at all times, the ordinances, rules and regulations of the City of Fayetteville which may now exist or may hereafter be promulgated. Failure or refusal of any customer to comply with such ordinances, rules or regulations will subject the customer to immediate discontinuance of water and sewer service. Neither Fayetteville nor Greenland shall in any way be liable for any damages or expenses which may result from such discontinuance. Each customer shall obtain a Plumbing Permit from the City of Fayetteville and install all plumbing in accordance with the ordinances, rules and regulations of the City of Fayetteville in 2 effect at the time such plumbing is installed. Fayetteville shall provide a copy of each and every regulation and ordinance so alluded to this Contract to Greenland as they now exist and shall provide changes to those regulations as soon as possible after. such changes are made. Greenland shall not be held liable under any rule or regulation or ordinance that has not been properly transmitted to them. Greenland will adopt an ordinance or ordinances providing for the discontinuance of water and sewer service in the event of failure or refusal of a customer to comply with the above provisions. All plumbing shall be inspected by the City of Fayetteville Plumbing Inspector, or his authorized agent. The Plumbing Permit Fee/Inspection Fee shall be as prescribed by the City of Fayetteville from time to time for outside of the City of Fayetteville. The Plumbing Permit Fees for Greenland shall be determined on a cost of service basis and shall include but not be limited to the costs of equipment used, man hours employed, and mileage, overhead and administrative costs. The Plumbing Permit Fees shall be as shown in Exhibit "8", attached, and as modified by Fayetteville from time to time. Greenland will make provision by ordinance for authorized agents of Fayetteville to enter any and all properties for inspection where the possibility of violation of said plumbing ordinances, rules and regulations may exist. It is understood Greenland may issue it's own Plumbing Permits and do its own inspections at such time as they develop the staff and capabilities to do so. 8. OWNERSHIP OF SYSTEM: It System, including all sewers, the and appurtenances thereto are Greenland. 9. OPERATION AND MAINTENANCE: Fayetteville shall operate and maintain all of the existing Greenland System and all facilities which may be constructed and become a part of the Greenland System in the future. operation and Maintenance shall include: a) Pump Stations: Fayetteville shall provide the maintenance made necessary by the normal wear and tear encountered by the system. It does not include the replacement or enlargement'of the station made necessary either by the increase in normal domestic flows or by an increase in the infiltration and inflow within the Greenland System. Neither does it include repair of extraordinary damages resulting from Acts of God. is understood that the Greenland sewage lift station, force main, the property of the City of b) Gravity Sewers and Force Mains: Operation and maintenance of the gravity sewers and force mains shall mean 3 the demand maintenance required as a result of a reported gravity sewer or force main blockage, the preventive rodding and cleaning of gravity sewer mains or force mains, and in- house sewer rehabilitation activities. In-house sewer rehabilitation shall include smoke testing, televising of lines, manhole lining and repairs, chemical grouting, point repairs, and line replacements not exceeding 15 feet. Fayetteville agrees that it shall utilize the same criteria to determine the extent and degree of in-house sewer rehabilitation to be done within the Greenland System as we do for the Fayetteville sewerage system. 10. CONSTRUCTION OF NEW FACILITIES: New gravity sewers, force mains, pump stations, sewerage appurtenances, or enlargement thereof shall be constructed without cost to Fayetteville. This includes enlarging, replacing, moving, relocating, lowering, or adjusting to grade of any of the facilities of the system should they become overloaded or for the purpose of permitting construction of other facilities. To the extent that such un - included activities are undertaken they shall be undertaken without cost to Fayetteville. Also included under this Paragraph are pump station replacements or improvements, sewer line replacements, construction of relief sewers, force main replacements and improvements, Sewer System Evaluation Studies intended to define excessive stormwater infiltration and inflow into the Greenland System, and subsequent construction to eliminate such excessive infiltration and inflow, all of which shall be accomplished without cost to Fayetteville: The need for a Sewer System Evaluation Study would be jointly determined by Greenland and Fayetteville. Fayetteville and Greenland agree that Greenland may add a surcharge to the amounts normally charged by Fayetteville for sewer services provided under this Contract. The purpose shall be to provide for the construction of new facilities as defined in this Paragraph, and for other purposes as may be specified by Greenland. The money collected under this provision shall be collected by the City of Fayetteville and shall be dispersed to Greenland two times per year beginning in January of 1994. Any interest earned on said funds shall go to Fayetteville to compensate for the administration, audit and payment of said funds. Plans and specifications for any new construction as described above must be approved by the Fayetteville City Engineer and the Arkansas State Department of Health prior to the execution of any construction contract. Pipe size for any facilities shall be in keeping with prospects for future growth. Pipe and other materials used in such construction shall be in accordance with the standard construction practices of the Sewer Department of Fayetteville at the time such work is done. The design and specifications for any sewer facilities shall be in keeping with acceptable engineering practices at the time of construction. All such construction shall 4 be planned and supervised by a Registered Professional engineer licensed to practice in the State of Arkansas. Greenland shall not extend any sewer lines beyond the Greenland City Limits as defined in Paragraph 3 of this Contract. Fayetteville shall be furnished two copies of the "As-Built" plans of all work, with a certification from the Engineer that all work was constructed in accordance with the approved plans and specifications. Fayetteville shall have the right to inspect and test the system within a reasonable time prior to accepting and placing the system into service. 11. EXTENSIONS BY FAYE TEVILLE: Fayetteville shall have the right to make extensions from Greenland's lines to serve adjacent areas inside or outside the present limits of Fayetteville so long as Fayetteville does not serve customers in the present limits of Greenland. Thecost of replacement or enlargement of Greenland's lines or pumping facilities required by loads imposed by Fayetteville shall be borne by Fayetteville. 12. EASEMENTS: When easements are necessary in connection with maintenance and/or construction activities provided for in this Contract, those easements shall be acquired by and at the expense of Greenland. The easements shall be of adequate width for construction, installation and maintenance of lines and appurtenances. Fayetteville shall be afforded the right to full use of such easements. The form of such easements, together with the provisions contained therein, shall be the same as used by Fayetteville at the time such easements are obtained. All such easements, whether acquired by condemnation proceedings or otherwise, shall be obtained without cost to Fayetteville. 13. ORDINANCES AND REGULATIONS TO FACILITATE PERFORMANCE OF CONTRACT: Greenland and Fayetteville will enact, adopt or execute ordinances, motions, resolutions, rules, regulations or supplemental agreements which may be necessary to carry out the terms of this agreement. All ordinances required to be enacted by Greenland under this contract shall be enacted within 90 days of the contract execution date unless specifically stated otherwise in the contract. 15. PROSECUTION FOR TAMPERING: Greenland agrees to enact an ordinance or ordinances with provisions substantially as follows: "It shall be unlawful for any person other than a person authorized by the Water and Sewer Superintendent of the City of Fayetteville, Arkansas, to make connection with the sewer collection system in this City or to tamper with any manhole or any appurtenance to the sewer collection system in this City. Nothing in this ordinance shall be so constructed as to prevent any person when acting under the authority of the Superintendent of the Water and Sewer Department of the City 5 1 of Fayetteville, Arkansas, from changing, altering or otherwise working with any portion of the sewer system located in this City". That violation of said ordinance or ordinances shall be a Class "A" misdemeanor and shall be prosecuted within the fullest limits of the law. Greenland agrees that it will prosecute all offenders. 16. INDUSTRIAL PRETREATMENT: a} Greenland Ordinance; Greenland agrees to adopt, within 6 months from the date of this Contract, a sewer use ordinance which is no less stringent and is as broad in scope as the sewer use ordinance as adopted by Fayetteville. Whenever Fayetteville amends its sewer use ordinance, it will forward a copy of such amendments within 10 business days of enactment thereof. Greenland will enact amendments at least as stringent as those adopted by Fayetteville within 30 business days of receipt thereof. The Parties will periodically review their respective sewer use ordinance and jointly draft and adopt amendments (which are equivalent in scope and stringency) to their respective sewer use ordinance when deemed necessary for the effective administration and operation of the pretreatment program. This review will be conducted no less than once every 2 years. However either party may request a joint review whenever such party believes that a review is necessary. A request for such point review must be forwarded by the requesting party to all other parties, stating the reason for the request and the date on which the review is requested to take place. Within 10 days of receipt of the request, the receiving party must respond to the request stating that the proposed date is satisfactory or proposing an alternate date(s) for the review. In any case, the joint review will take place within 30 business days of the request. b) Local Limits: Greenland will adopt and diligently enforce local limits which address at least the same pollutant parameters and are at least as stringent as the local limits enacted by Fayetteville. If any revisions or additions are made to Fayetteville's local limits, Fayetteville will forward to Greenland a copy of any such revisions or additions to the local limits within 10 business days of enactment thereof. Greenland agrees to adopt any revisions or additions made to Fayetteville's local limits within 30 business days. 6 • cl Implementation of designates Fayetteville as purposes of implementation sewer use ordinance against System. Greenland Ordinance; Greenland the agent of Greenland for the and enforcement of Greenland's users connected to the Greenland Fayetteville, on behalf of and as an agent for Greenland will perform technical and administrative duties necessary to implement and enforce Greenland's sewer use ordinance. Fayetteville will: (1) update the industrial waste survey; (2) issue permits to all users required to obtain a permit; (3) conduct inspections, sampling, and analysis; (4) take all appropriate enforcement action as outlined in the enforcement response plan; and (5) perform any other technical or administrative duties the parties to this agreement deem appropriate. Fayetteville may, as an agent of Greenland, take emergency action to stop or prevent any discharge which presents or may present an imminent danger to the health or welfare of humans, which reasonably appears to threaten the environment, or which threatens to cause interference, pass through, .or sludge contamination.. d) Pretreatment Program Costs: Fayetteville will be responsible for all costs (including labor, equipment, attorney's fees, etc.) incurred in implementing and enforcing Greenland's sewer use ordinance on behalf of Greenland. In the event of- a lawsuit relating to the implementation or enforcement of the pretreatment program in Greenland, the City of Fayetteville shall be responsible for the defense of its interest only. The City of Greenland will be responsible for attorneys and other professional expertise that may be required to defend it's interest. Nothing in this paragraph should be construed to mean that Fayetteville will not work with Greenland in every way possible in the event of a lawsuit, nor does it prohibit the combining of legal forces by Fayetteville and Greenland in the defense of a lawsuit as long as the cost sharing of such a defense is agreed upon beforehand. el Outside Greenland Dischargers: No industrial user outside the limits of the City of Greenland shall be allowed to tie on to the Greenland System. fl Arbitration of Disputes: Any disputes arising out of this Contract concerning pretreatment issues will be submitted to non-binding arbitration performed in accordance with the rules of the American Arbitration Association. A decision reached in arbitration will in no way limit Fayetteville's or Greenland's power to enforce requirements directly against 7 • • users located in Greenland, nor will it preclude Fayetteville or Greenland from seeking other remedies including, but not limited to, specific performance. q1 Review of Pretreatment Agreement: The portion of this Contract dealing with industrial pretreatment will be reviewed and revised to ensure compliance with the Federal Clean Water Act (42 U. S. C. para. 1251 et seq.) and all rules and regulations (see 40 CFR Part 403) issued thereunder as necessary, but at least every (2) years. 17. LIABILITY: Fayetteville shall not be responsible for damages resulting from acts of God, acts of war, insurrections or rebellions, acts of a public enemy, acts of any unauthorized persons, firms or corporations, or acts of Greenland or its agents or employees. 18. TAXES PROHIBITED: Greenland will not during the period of this contract or any renewal thereof levy any franchise tax, occupation tax, or any other tax of any form whatsoever, by whatever name it may be called, upon Fayetteville or the services rendered pursuant to this contract without consent of all the parties. 19. TERMINATION OF CONTRACT: This agreement may be terminated by either party upon breach by the other of any of the covenants or agreements contained herein, and the failure of the party in breach to remedy such breach within thirty (30) days after receipt of written notice of the existence of such breach. 20. OPTION TO RENEW CONTRACT: Greenland shall have the option to renew this contract upon the same terms and conditions contained herein for a period of fifteen (15) years by giving not less than six months written notice of same in advance of the termination date of this contract. Fayetteville shall notify Greenland within one year. 21. NOTICES: The written notices provided for herein shall be sufficient if sent by certified mail, return receipt requested, postage prepaid, to the Mayor of the City of Fayetteville, Arkansas, or the Mayor of the City of Greenland, Arkansas, but not limited thereto. 22. SEVERABILITY: Should null and void or rescinded by the remaining terms of this enforceable. any term of this Agreement be held a court of competent jurisdiction, Agreement will be unaffected and 8 • • • • • IN WITNESS WHEREOF, Fayetteville and Greenland have executed these presents by their respective Mayors and have caused their seals to be hereunto affixed and same attested to by the City Clerk and City Recorder, having been authorized to do so by appropriate resolution of their respective governing bodies. CITY OF FAYETTEVILLE CITY OF GREENLAND /��� ��//�//i Fr Hanna, Mayor ATTEST: 9 Roy 9hrrett, Mayor ATTEST: MS City Clerk • • • EXHIBIT "A" GREENLAND SEWER RATES Greenland Sewer Rates shall be as set forth in Section 51.137 of the Fayetteville Code of Ordinances and as may be modified from time to time. The Quantity Charge and the Monthly Service Charge (5/8" Meter) are: QUANTITY CHARGE MONTHLY SERVICE CHARGE (5/8" Meter) AS OF 01/01/93 BEGINNING 1/1/94 $ 4.08 $ 4.41 6.59 7.12 • • • EXHIBIT "B" GREENLAND PLUMBING PERMIT FEES AS OF NOVEMBER, 1993 1. One (1) Fixture $ 12.00 2. Two (2) Fixtures 18.00 3. Three (3) Fixtures 24.00 4. Four (4) Fixtures 26.00 5. Five (5) Fixtures 28.00 6. Six (6) Fixtures 30.00 7. Seven (7) Fixtures 32.00 8. Additional Fixtures 0.75 9. Concrete Floor 10.00 10. Re -inspection Fee 10.00 The fees as shown are current charges and may be modified from time to time by the City Council of Fayetteville.