HomeMy WebLinkAbout171-09 RESOLUTIONRESOLUTION NO. 171-09
A RESOLUTION APPROVING AN AMENDMENT TO THE WASTEWATER
COLLECTION AND TREATMENT SERVICES CONTRACT WITH THE
CITY OF FARMINGTON, ARKANSAS.
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
an Amendment to the Wastewater Collection and Treatment Services Contract between the City
of Fayetteville and the City of Farmington, Arkansas. A copy of the Amendment, marked
Exhibit "A," is attached hereto and made a part hereof.
PASSED and APPROVED this 4th day of August, 2009.
APPROVED:
By:
ATTEST:
ONDRA E. SMITH, Citylerk/Treasurei.000�i5
�a� � aoaoa-+S •j
FAYETTEVILLE
":11;
��\2 (°�'RANSP m �+Saa' 7 o a t0�60 g� QI §0��p4 ti�`4S
David Jurgens
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
8/4/2009
City Council Meeting Date
Agenda Items Only
Water & Wastewater
Division
Action Required:
Utilities
Department
Approval of an amendment to the wastewater collection and treatment services contract between the Cities of
Fayetteville and Farmington
Cost of this request
Account Number
Project Number
Budgeted Item
0
Depart snt Direc
City Attorney
' . nce and Internal Services Director
Category / Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
XX
Program Category / Project Name
Water and Wastewater
Program I Project Category Name
Water/Sewer
Fund Name
Z1.2uL1 Ot Previous Ordinance or Resolution # 61-07
Date
Zz
Date
7-t2-2
Date
7 4/
f S'-ff ate
Original Contract Date: 4/3/2007
vl Original Contract Number:
Mayor
Received in
Mayor's Office
Comments:
Revised January 15, 2009
Wane
CITY COUNCIL AGENDA MEMO
Special City Council Meeting of August 4, 2009
To: Mayor Lioneld Jordan
Fayetteville City Council
Thru: Don Marr, Chief of Staffer\
From: David Jurgens, Utilities Director
Fayetteville Sewer Committee
Date: July 21, 2009
Subject: Supplemental memo to proposed amendment to the wastewater collection and treatment
services contract between the Cities of Fayetteville and Farmington
The City of Farmington proposed several non -substantive changes to the proposed amendment to the
wastewater collection and treatment services contract between the Cities of Fayetteville and
Farmington. The final amendment simply incorporates language that was extracted word for word
from the original agreement. The changes were made at the request of the Farmington City Attorney
after the original agreement was staffed.
This amendment was passed by the Farmington City Council at a special meeting on 20 July, 2009. A
signed copy is attached, as is the informational memo sent to them is attached.
RESOLUTION NO.
A RESOLUTION APPROVING AN AMENDMENT TO THE
WASTEWATER COLLECTION AND TREATMENT SERVICES
CONTRACT WITH THE CITY OF FARMINGTON, ARKANSAS.
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 an Amendment to the Wastewater Collection and Treatment Services Contract
between the City of Fayetteville and the City of Farmington, Arkansas. A copy of the
Amendment, marked Exhibit "A," is attached hereto and made a part hereof.
PASSED and APPROVED this 4th day of August, 2009.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
FIRST AMENDMENT to FARMINGTON=FAYETTEVILLE SEWER
SERVICES CONTRACT
The Sewer Contract (hereinafter "Contract") dated April 3, 2007 between the City of
Fayetteville (hereinafter "Fayetteville") and City of Farmington (hereinafter
"Farmington") shall be amended and modified by this amendment (hereinafter
"Amendment") as follows:
WHEREAS:
Under the Contract, Fayetteville receives wastewater from Farmington and then
transports and processes the wastewater in Fayetteville's wastewater treatment facility
and discharges treated wastewater effluent under Fayetteville's National Pollution
Discharge Elimination System permit; and
Fayetteville must ensure that this role does not place financialburdens on Fayetteville's
retail customers for which Fayetteville's retail customers receive no benefit; and
Farmington must ensure that this role does not place financial burdens on Farmington'
retail customers for which Farmington' retail customers receive no benefit; and
City of Fayetteville and City of Farmington desire to amend said Contract.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
Fayetteville and Farmington do hereby agree to amend the Contract as follows:
The Contract and the terms and conditions therein shall remain unchanged except for
the sections listed below:
1.9 Farmington Wastewater Collection System
Farmington Publicly Owned Treatment Works including any device or system used in
the collection, transportation, or treatment of municipal sewage or industrial wastes of a
liquid nature that is owned by Farmington. This definition shall include, but is not
limited to, the gravity sewer pipes, collector sewers, transmission mains, force mains,
manholes, and all appurtenances within the corporate boundaries of Farmington, the
Farmington Branch Interceptor, Lift Station #12 and relocated Lift Station #12; Lift
Station #12 Force Main located within the corporate boundaries of Farmington and
Fayetteville and all other appurtenances which are being financed and constructed. This
will include appurtenances not yet constructed as of the date of this agreement. The
Farmington Wastewater Collection System may connect to the Fayetteville Wastewater
Collection System at multiple locations. Service laterals are generally the
responsibility and ownership of the Retail Customer and are thus excluded from this
definition..
Fsrrnington_Contract Addendum_20Ju1y09.doc:
3.3 Operational Capacity
Throughout the term of this contract, Farmington customers shall be granted 8.2% of
the Operational Capacity of the Fayetteville West Side Wastewater Treatment Plant.
Until such time as the construction of the West Side Wastewater Treatment Plant is
completed, Farmington retail and industrial customers shall continue to utilize the
Noland Wastewater Treatment Plant and present facilities. Throughout the term of this
contract, Fayetteville customers shall be granted Operational Capacity in Farmington's
Wastewater Collection System as defined in Paragraph 1.20 and further defined as
19.73% of WL -10 and WL -10A, and 28.39% of WL -11 and. WL -12 and as set forth
with Section 12.10 of the original contract dated April 3, 2007.
3.4 Farmington Connections to Fayetteville's Wastewater Collection System and
Westside Treatment Plant.
Farmington is authorized multiple connections to Fayetteville's Wastewater System.
9.1 Fayetteville Wastewater Impact Fee
As soon as this contract is approved by both parties, the existing Fayetteville
Wastewater Impact fee enacted as § 159.02 of the Unified Development Code of the
City of Fayetteville shall be applicable and enforced on new connections within
Fayetteville just as it is to new connections in Fayetteville.
Upon completion of any new wastewater development impact fee study and adoption
by Fayetteville of any new or amended wastewater impact fee ordinance, the new or
amended impact fee ordinance shall be applicable and enforced within Farmington
identically to its enforcement in Fayetteville. Farmington shall immediately enact
Fayetteville's impact fee ordinances (and any amendments thereto) after Fayetteville
provides notice of any such impact fee ordinance to ensure that Fayetteville's
wastewater impact fee shall apply to all new connections in Farmington.
9.2 Farmington Wastewater Impact Fee
Upon completion of the study referred to in Section 9, Farmington may adopt a
development impact fee ordinance and shall assess and collect impact fees from new
sewer connections within the corporate boundaries of Farmington. Farmington may
also assess and collect impact fees from new sewer connections in areas of Fayetteville
served by the Farmington Wastewater Collection System when Fayetteville's use of its
guaranteed capacity exceeds the limits set forth in Paragraph 3.3 as measured by the
Exhibits referenced in, Paragraph 1.2.10. Fayetteville shall pass any necessary ordinance
to ensure Farmington may legally collect this wastewater 'impact fee in the part of
Fayetteville served by Farmington's sewer collection system.
•
Fannirigton anticipates annexing theremaining portions of Basin 1-54 and :I-55 located
7 --.south, and east of Parmington's corporate boundaries in Washington .County. In the
FFaington_Contract �Addendum m20iuly09.doc 7/2012009; 4:5.7 PM
event this or any other territory is annexed into Farmington, Farmington and
Fayetteville may assess and collect impact fees from new sewer connections, as
determined by a development impact fee study.
9.4 Developments and Property Owners
The parties agree to provide each other, on a quarterly basis, a report that list new
developments and new connections of individual property owners which utilize
operational capacity granted to the other party.
10.2 Cost of Construction
Farmington and Fayetteville agree to cost share the construction cost of the Project for
serving areas identified to be served by the RJN Plan dated January 1, 2007. The
construction cost estimated by RJN and based on the service area map dated January 1,
2007 is $5,586,930.00 and incorporates the annexations completed during 2006.
$4,221,779:00 of this construction cost is associated to and shall be paid by Farmington
and includes the cost of providing capacity to serve Basins I-54 and 1-55, in the
Farmington Wastewater System. Fayetteville is allocated $1,365,151.00 of the
construction cost of the improvements to the Farmington Wastewater System. If
Fayetteville annexes Basin I.54 and/or 1-55 Fayetteville agrees to pay the cost of
providing capacity to serve these two areas in the Farmington Wastewater System. The
cost to provide capacity in the Farmington Wastewater System for Basins 1-54 and I-55
is estimated at $745,937.00.
Both Parties agree that each party shall incur the construction, engineering and right of
way costs to provide wastewater facilities for the additional areas annexed by each
Party after execution of the contract..
The Parties further agreed that Farmington shall not be required to pay more than
$480,000.00 in engineering fees and associated costs unless there was a change in cost
of engineering due to scope of work change requested by Farmington. The parties
acknowledge and agree that additional engineering fees were required due to relocation
of Lift Station #12 and phasing the construction of the Farmington Gravity Sewer;
however, the Parties agree that Farmington shall not be required to pay more than
$550;000.00 in engineering fees and all associated engineering and survey cost as a:
result of relocating Life Station #12 and completing the construction of the Farmington
Gravity Sewer System. Farmington also agrees to acquire the necessary right of ways
and easements at an estimated cost of $432,640.00 and pay value engineering fees of
$39,844.00.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the
ao day of . LA;\ , 2009.
,Fannington_Contract_Addendum 20Ju1y09.doc 712012009, 4:57 Plvl:.
CITY OF FARMINGTON
Ernie Penn, Mayor
CITY F FA i TTEV LE
Lioneld dan, Mayor
Farmington Contract Addendum 20JuIyO9.doc
7/20!2009, 4:57 PM
June 24, 2009
Davis Business Planning ca
Stephen L. Davis
P.O. Box 3381
Fayetteville, Arkansas 72702
Telephone Number: 479-935-4572
Fax Number: 479-935-4573
Web Site: Davisbusinessplanning.com
Email: SLDavis@davisbusinessplanning.com
Mayor Ernie Penn and Farmington City Council
354 West Main Street
P. O. Box 150
Farmington, AR 72730
SUBJECT: Farmington -Fayetteville Sewer Services Contract Amendment 1
Dear Mayor Penn and City Council,
The cities of Farmington and Fayetteville finalized a sewer services contract on April 3, 2007.
Farmington approved the contract at a Special City Council Meeting on April 2, 2007 and
Fayetteville approved the agreement at its regular meeting of April 3, 2007. The need exists to
amend the agreement to codify changes that have been agreed to over the past 2 years.
The contract amendments needed include the following items:
Contract Paragraph
Proposed Change:;
1.9 Farmington Wastewater Collection System
Adds "appurtenances not yet constructed" to
allow all of Farmington's future sewer lines to
be a part of this contract without having to
amend the agreement each time a new line is
constructed.
3.3 Operational Capacity
Grants Fayetteville Operational Capacity in
Farmington's collection System within the
body of the contract rather than as an exhibit.
3.4 Farmington Connections to Fayetteville's
Wastewater Collection System and Westside
Treatment Plant
Changes Farmington's connections to
Fayetteville's Wastewater System from a
single connection to multiple connections.
9.1 Fayetteville Wastewater Impact Fee
Change "development to connection". This
will allow Fayetteville's System impact fee to
be assessed in Farmington as it is in
Fayetteville.
Page 1 of 2
Contract Paragraphp
Pro Proposed p sed Changc.
9.2 Farmington Wastewater Impact Fee
Changes "shall" to "may" to give Farmington
more flexibility in financing future capacity
improvements and stipulates that Fayetteville
customers will only be assessed a Farmington
impact fee when and if the Operational
Capacity granted in 3.3 is exceeded.
9.4 Developments and Property Owners
Changes the reporting requirement from
monthly to quarterly.
10.2 Cost of Construction
Recognizes increased engineering fees for
Farmington made necessary by changing the
location of WL 12 from east of Double Springs
Road to West of Double Springs Road and the
phasing of WL -10 and WL -10A. It should be
noted WL -10A is costing approximately $1.0
million less because of the phased approach.
Fayetteville Water & Sewer Committee reviewed this change order at its June 23, 2009 meeting
and will finalize its discussion on/about July 14. It is expected to be presented to the Fayetteville
City Council on July 21 for approval.
I plan to be present at Farmington's City Council meeting to answer any questions related to
Farmington's wastewater system, the improvements underway and this proposed contract
amendment.
In the meantime, if you have any questions or would like any clarifications please contact
Stephen Davis by telephone at 479-935-4572 or via email at
sldavis@davisbusinessplanning.com.
Respectfully Submitted,
Stephen Davis, Member
Page 2 of 2
FIRST AMENDMENT to FARMINGTON-FAYETTEVILLE SEWER
SERVICES CONTRACT
The Sewer Contract (hereinafter "Contract") dated April 3, 2007 between the City of
Fayetteville (hereinafter "Fayetteville") and City of Farmington (hereinafter
"Farmington") shall be amended and modified by this amendment (hereinafter
"Amendment") as follows:
WHEREAS:
Under the Contract, Fayetteville receives wastewater from Farmington and then
transports and processes the wastewater in Fayetteville's wastewater treatment facility
and discharges treated wastewater effluent under Fayetteville's National Pollution
Discharge Elimination System permit; and
Fayetteville must ensure that this role does not place financial burdens on Fayetteville's
retail customers for which Fayetteville's retail customers receive no benefit; and
Farmington must ensure that this role does not place financial burdens on Farmington'
retail customers for which Farmington' retail customers receive no benefit; and
City of Fayetteville and City of Fainnington desire to amend said Contract.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
Fayetteville and Farmington do hereby agree to amend the Contract as follows:
The Contract and the terms and conditions therein shall remain unchanged except for
the sections listed below:
1.9 Farmington Wastewater Collection System —
Farmington Publicly Owned Treatment Works including any device or system used in
the collection, transportation, or treatment of municipal sewage or industrial wastes of a
liquid nature that is owned by Farmington. This definition shall include, but is not
limited to, the gravity sewer pipes, collector sewers, transmission mains, force mains,
manholes, and all appurtenances within the corporate boundaries of Farmington, the
Farmington Branch Interceptor, Lift Station #12 and relocated Lift Station #12; Lift
Station #12 Force Main located within the corporate boundaries of Farmington and
Fayetteville and all other appurtenances which are being financed and constructed. This
will include appurtenances not yet constructed as of the date of this agreement. The
Farmington Wastewater Collection System may connect to the Fayetteville Wastewater
Collection System at multiple locations. Service laterals are generally the
responsibility and ownership of the Retail Customer and are thus excluded from this
definition.
Farmington_Contract_Addendum_2oJuly09.doc 7/20/2009, 4:57PM
3.3 Operational Capacity
Throughout the term of this contract, Farmington customers shall be granted 8.2% of
the Operational Capacity of the Fayetteville West Side Wastewater Treatment Plant.
Until such time as the construction of the West Side Wastewater Treatment Plant is
completed, Farmington retail and industrial customers shall continue to utilize the
Noland Wastewater Treatment Plant and present facilities. Throughout the term of this
contract, Fayetteville customers shall be granted Operational Capacity in Farmington's
Wastewater Collection System as defined in Paragraph 1.20 and further defined as
19.73% of WL -10 and WL -10A, and 28.39% of WL -11 and WL -12 and as set forth
with Section 12.10 of the original contract dated April 3, 2007.
3.4 Farmington Connections to Fayetteville's Wastewater Collection System and
Westside Treatment Plant.
Farmington is authorized multiple connections to Fayetteville's Wastewater System.
9.1 Fayetteville Wastewater Impact Fee
As soon as this contract is approved by both parties, the existing Fayetteville
Wastewater Impact fee enacted as § 159.02 of the Unified Development Code of the
City of Fayetteville shall be applicable and enforced on new connections within
Fayetteville just as it is to new connections in Fayetteville.
Upon completion of any new wastewater development impact fee study and adoption
by Fayetteville of any new or amended wastewater impact fee ordinance, the new or
amended impact fee ordinance shall be applicable and enforced within Farmington
identically to its enforcement in Fayetteville. Farmington shall immediately enact
Fayetteville's impact fee ordinances (and any amendments thereto) after Fayetteville
provides notice of any such impact fee ordinance to ensure that Fayetteville's
wastewater impact fee shall apply to all new connections in Farmington.
9.2 Farmington Wastewater Impact Fee
Upon completion of the study referred to in Section 9, Farmington may adopt a
development impact fee ordinance and shall assess and collect impact fees from new
sewer connections within the corporate boundaries of Farmington. Farmington may
also assess and collect impact fees from new sewer connections in areas of Fayetteville
served by the Farmington Wastewater Collection System when Fayetteville's use of its
guaranteed capacity exceeds the limits set forth in Paragraph 3.3 as measured by the
Exhibits referenced in Paragraph 12.10. Fayetteville shall pass any necessary ordinance
to ensure Farmington may legally collect this wastewater impact fee in the part of
Fayetteville served by Farmington's sewer collection system.
Farmington anticipates annexing the remaining portions of Basin 1-54 and 1-55 located
south and east of Farmington's corporate boundaries in Washington County. In the
Farmington _Contract_Addendum_20July09.doc 712012009, 4:57 PM
event this or any other territory is annexed into Farmington, Farmington and
Fayetteville may assess and collect impact fees from new sewer connections, as
determined by a development impact fee study.
9.4 Developments and Property Owners
The parties agree to provide each other, on a quarterly basis, a report that list new
developments and new connections of individual property owners which utilize
operational capacity granted to the other party.
10.2 Cost of Construction
Farmington and Fayetteville agree to cost share the construction cost of the Project for
serving areas identified to be served by the RJN Plan dated January 1, 2007. The
construction cost estimated by RJN and based on the service area map dated January 1,
2007 is $5,586,930.00 and incorporates the annexations completed during 2006.
$4,221,779.00 of this construction cost is associated to and shall be paid by Farmington
and includes the cost of providing capacity to serve Basins I-54 and I-55, in the
Farmington Wastewater System. Fayetteville is allocated $1,365,151.00 of the
construction cost of the improvements to the Farmington Wastewater System. If
Fayetteville annexes Basin I-54 and/or I-55 Fayetteville agrees to pay the cost of
providing capacity to serve these two areas in the Farmington Wastewater System. The
cost to provide capacity in the Farmington Wastewater System for Basins I-54 and 1-55
is estimated at $745,937.00.
Both Parties agree that each party shall incur the construction, engineering and right of
way costs to provide wastewater facilities for the additional areas annexed by each
Party after execution of the contract.
The Parties further agreed that Farmington shall not be required to pay more than
$480,000.00 in engineering fees and associated costs unless there was a change in cost
of engineering due to scope of work change requested by Farmington. The parties
acknowledge and agree that additional engineering fees were required due to relocation
of Lift Station #12 and phasing the construction of the Farmington Gravity Sewer;
however, the Parties agree that Farmington shall not be required to pay more than
$550,000.00 in engineering fees and all associated engineering and survey cost as a
result of relocating Life Station #12 and completing the construction of the Farmington
Gravity Sewer System. Farmington also agrees to acquire the necessary right of ways
and easements at an estimated cost of $432,640.00 and pay value engineering fees of
$39,844.00.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the
day of �� , 2009.
Farrnington_Contract Addendum20July09.doc 7/20/2009, 4:57 PM
CITY OF FARMINGTON
Ernie Penn, Mayor
ATTEST:
CITY OF FAYETTEVILLE
Lioneld J P an, Mayor
ATTEST:
Kelly Thom., City Clerk
Sondra Smith, City Clerk
Farmington_Contract_Addendum 20July09.doc 712012009, 4:57 PM
David Jurgens
Submitted By
City of Fayetteville Staff Review Form 71- 45 u.20a rLiup`osd
City Council Agenda Items CJ) Y\P_AJ3 C0C\
and
Contracts, Leases or Agreements
7/21/2009
City Council Meeting Date
Agenda Items Only
Water & Wastewater Unities
Division Debartment
Action Required:
Approval of an amendment to the wastewater collection and treatment services contrac •etween the Cities of
Fayetteville and Farmington
Cost of this request
Account Number
Project Number
Budgeted Item
Depa - t D
City Attor ey
ector
Category / Project Budget Program Category / Project Name
Funds Used to
Water and Wastewater
ate Program 1 Project Category Name
emai' ing Balance
Budget A• . tment Attached 1-1
Finance and Internal Service Director
Dat
a b
Da e
Water/Sewer
Fund Name
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
61-07
4/3/2007
Date Rec: ived in City
Cle , `s Office
Date
Receive in
Mayor's O ce
EN
Comments:
1 bid IDAL,Li „alai .Parl'uarry 2009
WeIdle
CITY COUNCIL AGENDA MEMO
Special City Council Meeting of July 21, 2009
To: Mayor Lioneld Jordan
Fayetteville City Council
Thru: Don Marr, Chief of Staff
f1
From: David Jurgens, Utilities Director \U
Fayetteville Sewer Committee
Date: July 2, 2009
Subject: Approval of an amendment to the wastewater collection and treatment services contract
between the Cities of Fayetteville and Farmington
RECOMMENDATION
Fayetteville City Administration recommends approval of an Amendment to the wastewater collection and
treatment services contract between the Cities of Fayetteville and Farmington.
BACKGROUND
Fayetteville and Farmington have a 32 year partnership in wastewater collection and treatment, the conditions
for which have been agreed upon in three consecutive contracts. The current contract, adopted in April 2007,
needs some minor modifications due to system upgrades, growth, construction changes, and ordinance updates.
Over the last 3 years, the cities have worked together with unprecedented teamwork executing over $7 million
worth of joint work in the Farmington portion of the Wastewater System Improvement Project.
DISCUSSION
This amendment, developed cooperatively by staff and elected officials, and reviewed by the Water/Sewer
Committee, updates several specific items within the 2007 contract. Key changes are:
(1) Changing from a single point of connection from the Farmington to the Fayetteville systems to
multiple points of connection, allowing for multiple points of connection from Farmington's system to
Fayetteville's. This allows for intelligent system design in current and potential future annexed areas.
(2) Farmington guarantees Fayetteville a set percentage of the operational capacity of Farmington's
system (19.73% for WL -10 and WL -10a -gravity lines through Farmington- and 28.39% for WL -12 -lift station -
based on the population breakdown from the original agreement and the cost share used in WS1P work.
(3) Impact fee changes including (a) Who pays impact fees from "new developments" to "new
connections." This change is consistent with changes in the Fayetteville impact fee ordinance eliminating a
loophole. (b) Eliminates the Farmington impact fee for new connections within Fayetteville that flow through
the Farmington system where Fayetteville paid for its share of the construction. Fayetteville "owns" that
capacity, so it is not appropriate for Fayetteville residents to pay the Farmington impact fee. Fayetteville
residents could pay the Farmington impact fee if they someday tie to another portion of the Farmington system
other than those lines where Fayetteville paid for its share of the work.
(4) Increases the amount Farmington will reimburse Fayetteville for engineering by $70,000 from the
original number of $480,000 to the new number of $550,000, due to the increased engineering costs associated
with separating WL -10 and WL -10a gravity lines into two projects.
BUDGET IMPACT
The amendment acknowledges that Farmington is reimbursing up to an additional $70,000 for the actual design
and construction phase engineering costs incurred for Farmington WSIP work, for a total maximum engineering
cost of $550,000.
Farm Amend 1 CCMemo Ju109
RESOLUTION NO.
A RESOLUTION APPROVING AN AMENDMENT TO THE
WASTEWATER COLLECTION AND TREATMENT SERVICES
CONTRACT WITH THE CITY OF FARMINGTON, ARKANSAS.
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 an Amendment to the Wastewater Collection and Treatment Services Contract
between the City of Fayetteville and the City of Farmington, Arkansas. A copy of the
Amendment, marked Exhibit "A," is attached hereto and made a part hereof.
PASSED and APPROVED this 21st day of July, 2009.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
AMENDMENT 1 TO SEWER CONTRACT
The Sewer Contract (hereinafter "Contract") dated April 3, 2007 between the City of
Fayetteville (hereinafter "Fayetteville") and City of Farmington (hereinafter
"Farmington") shall be amended and modified by this amendment (hereinafter
"Amendment") as follows:
WHEREAS:
Under the Contract, Fayetteville receives wastewater from Farmington and then
transports and processes the wastewater in Fayetteville's wastewater treatment facility
and discharges treated wastewater effluent under Fayetteville's National Pollution
Discharge Elimination System permit; and
Fayetteville must ensure that this role does not place financial burdens on Fayetteville's
retail customers for which Fayetteville's retail customers receive no benefit; and
Farmington must ensure that this role does not place financial burdens on Farmington'
retail customers for which Farmington' retail customers receive no benefit; and
City of Fayetteville and City of Farmington desire to amend said Contract.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
Fayetteville and Farmington do hereby agree to amend the Contract as follows:
The Contract and the terms and conditions therein shall remain unchanged except for
the sections listed below:
1.9 Farmington Wastewater Collection System —
Farmington Publicly Owned Treatment Works including any device or system used in
the collection, transportation, or treatment of municipal sewage or industrial wastes of a
liquid nature that is owned by Farmington. This definition shall include, but is not
limited to, the gravity sewer pipes, collector sewers, transmission mains, force mains,
manholes, and all appurtenances within the corporate boundaries of Farmington, the
Farmington Branch Interceptor, Lift Station #12 and relocated Lift Station #12; Lift
Station #12 Force Main located within the corporate boundaries of Farmington and
Fayetteville and all other appurtenances which are being financed and constructed. This
will include appurtenances not yet constructed as of the date of this agreement. The
Farmington Wastewater Collection System may connect to the Fayetteville Wastewater
Collection System at multiple locations. Service laterals are generally the
responsibility and ownership of the Retail Customer and are thus excluded from this
definition.
3.3 Operational Capacity
FarmingtonContract_Addenduin 22June09 7/2/2009, 11:34 AM
Throughout the term of this contract, Farmington customers shall be granted 8.2% of
the Operational Capacity of the Fayetteville West Side Wastewater Treatment Plant.
Until such time as the construction of the West Side Wastewater Treatment Plant is
completed, Farmington retail and industrial customers shall continue to utilize the
Noland Wastewater Treatment Plant and present facilities. Throughout the term of this
contract, Fayetteville customers shall be granted Operational Capacity in Farmington's
Wastewater Collection System as defined in Paragraph 120 and further defined as
19.73% of WL -10 and WL -10A, and 28.39% of WL -11 and WL -12 and as set forth
with Section 12.10 of the original contract dated April 3, 2007.
3.4 Farmington Connections to Fayetteville's Wastewater Collection System and
Westside Treatment Plant.
Farmington is authorized multiple connections to Fayetteville's Wastewater System.
9.1 Fayetteville Wastewater Impact Fee
Change "development" to "connections".
9.2 Farmington Wastewater Impact Fee
Upon completion of the study referred to in Section 9, Farmington may adopt a
development impact fee ordinance and shall assess and collect impact fees from new
sewer connections within the corporate boundaries of Farmington. Farmington may
also assess and collect impact fees from new sewer connections in areas of Fayetteville
served by the Farmington Wastewater Collection System when Fayetteville's use of its
guaranteed capacity exceeds the limits set forth in Paragraph 3.3 as measured by the
Exhibits referenced in Paragraph 12.10. Fayetteville shall pass any necessary ordinance
to ensure Farmington may legally collect this wastewater impact fee in the part of
Fayetteville served by Farmington's sewer collection system.
9.4 Developments and Property Owners
The parties agree to provide each other, on a quarterly basis, a report that list new
developments and new connections of individual property owners which utilize
operational capacity granted to the other party.
10.2 Cost of Construction
The Parties agree that additional engineering fees were required due to relocation of
Lift Station #12 and phasing the construction of the Farmington Gravity Sewer. The
parties agree engineering fees, including the cost of additional engineering services
shall not exceed a total of $550,000.
Fannington_Contract Addendum 227une09 7/2/2009, 11:34 AM
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the
day of , 2009.
CITY OF FARMINGTON CITY OF FAYETTEVILLE
Ernie Penn, Mayor Lioneld Jordan, Mayor
ATTEST: ATTEST:
Kelly Thomas, City Clerk Sondra Smith, City Clerk
Farmington_Contract_Addendum_22June09 7/2/2009, 11:34 AM