HomeMy WebLinkAbout119-10 RESOLUTIONRESOLUTION NO. 119-10
A RESOLUTION TO APPROVE A 15 YEAR CONTRACT FOR SANITARY
SEWER SERVICE BETWEEN FAYETTEVILLE AND JOHNSON
WHEREAS, Fayetteville owns and operates a public sewerage system consisting of
gravity mains, sewage lift stations and force mains, some of which are located within the
corporate limits of the City of Johnson, Arkansas, and wastewater treatment facilities with
sufficient capacity to treat current and foreseeable sewage flows generated in its corporate city
limits as well as future sewage flows from Johnson, and other out-of-town customers; and
WHEREAS, Fayetteville has provided sewer service to customers in Johnson for many
years, but had to refrain from providing service to new customers in Johnson until its new
Westside Wastewater Facility could be completed; and
WHEREAS, Johnson and Fayetteville desire to enter into an agreement whereby
Fayetteville will provide access on an individual basis to its sewer mains for customers in the
City of Johnson who are within Fayetteville's water service area; and,
WHEREAS, all new customers of the Fayetteville public sewage and treatment system
are responsible to pay the system wide sewer impact fee to ensure new development that
increases demand upon the wastewater system will bear its proportionate share of necessary
improvements caused by increasing demand; and
WHEREAS, it is to the mutual advantage of Johnson and Fayetteville and their citizens
to enter into an agreement for Fayetteville to own, operate and maintain a public sewerage
system within Fayetteville's water service areas of the City of Johnson freely utilizing street and
alley rights of way and easements to provide sewer service to Johnson citizens and thereby
protecting the public health and maintaining the quality of life desired by citizens of Johnson;
and
WHEREAS, the cities and their citizens will be benefited by establishing a procedure
and framework for future expansion and improvements to Fayetteville's sanitary sewer system in
the City of Johnson.
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 fifteen year Contract For Sanitary Sewer Service between the cities of Johnson and
Fayetteville attached as Exhibit A and authorizes Mayor Jordan to execute this Contract upon its
approval by the Johnson City Council and signature by Mayor Lonnie Barron and the approval
of all other pending contracts between Johnson and Fayetteville and the ordinance for the
Page 2
Resolution No. 119-10
simultaneous detachment and annexation into Fayetteville of the agreed 99 acre parcel by the
Johnson City Council and signature by Mayor Barron
PASSED and APPROVED this 6th day of July, 2010.
APPROVED:
NELD Jai/ 1 AN, Mayor
ATTEST:
SONDRA E. SMITH, City Clerk/`,}Rurer
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ORDINANCE NO. 2010- Qy
AN ORDINANCE APPROVING A CONTRACT WITH THE
CITY OF FAYETTEVILLE, ARKANSAS, TO PROVIDE
SEWER SERVICE TO CUSTOMERS WITHIN CERTAIN
AREAS OF JOHNSON, ARKANSAS, AND GRANTING A
FRANCHISE TO THE CITY OF FAYETTEVILLE TO
PROVIDE SANITARY SEWER SERVICES WITHIN TIIE CITY
OF JOHNSON AND DECLARING AN EMERGENCY TO
EXIST
WHEREAS, there has been a defacto agreement with the City of Fayetteville for the City
of Fayetteville to provide sewer service to customers in certain areas of the City of Johnson for
many years.
BE IT ORDAINED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, that,
Section 1: That the agreement attached hereto which is titled Contract for Sanitary
Sewer Service Between the Cities of Johnson, Arkansas and Fayetteville, Arkansas bearing the
date of July _, 2010, having been read, studied aq considered by the Johnson City Council
should be and hereby is approved and ratified; the Mayor and Recorder -Treasurer are directed
and authorized to execute same for and in the name of the City.
Section 2: Pursuant to the attached agreement there is hereby levied fees/rates for
water and wastewater impact fees, sanitary sewer service, sewer taps and associated services
within that portion of Johnson served by the City of Fayetteville identical to the fees/rates
established by the relevant Fayetteville ordinance for users of their sewer system outside of the
Fayetteville city limits. However, the gross receipts taxes of the City of Johnson shall apply to
all charges for services within the City of Johnson collected by the City of Fayetteville.
Section 3: There is hereby granted to the City of Fayetteville a license to own,
operate, maintain, improve, and place existing and new additional sewer facilities on existing and
new dedicated street rights-of-way, alleys, utility easements and other public passageways within
municipal/Ordinance Approving Contract with Fayetteville 070210
that portion of the City of Johnson served by the City of Fayetteville. This license shall enable
Fayetteville to lay, relay, install, improve, operate and maintain sanitary sewer lines and
appurtenances over, under and across such public rights-of-way, alleys and passageways. This
license shall be in full force and effect during the effective period of the agreement attached
hereto.
Section 4: A franchise is hereby granted unto the City of Fayetteville, without a
franchise fee or franchise tax, to own, improve, maintain, expand and operate a sanitary sewer
collection, storage and pumping system within the City of Johnson corporate limits on properties
owned or leased by Fayetteville and on public rights-of-way, alleys and passageways as herein
provided. Said franchise shall be for the effective dates of the agreement attached hereto.
Section 5: Provision for sanitary sewer service for the residents of the City of
Johnson helps secure the public peace, health and safety. Therefore, an emergency is hereby
declared to exist. This ordinance shall be immediately effective upon its passage and approval.
PASSED AND APPROVED this 13th day of July, 2010.
ATTEST:
Treasurer
ALLE
ecsurer
municipal/Ordinance Approving Contract with Fayetteville 070210
k\
LONNIE BARRON, Mayor
CONTRACT FOR SANITARY SEWER SERVICE
BETWEEN THE CITIES OF
JOHNSON, ARKANSAS AND FAYETTEVILLE, ARKANSAS
THIS CONTRACT is made and entered into this / 7&day of , 2010, by and
between the City of Fayetteville, Arkansas, a municipal corporation, hereinafter referred.
to as "Fayetteville", and the City of Johnson, Arkansas, a municipal corporation,
hereinafter referred to as "Johnson".
WHEREAS, Fayetteville owns and operates a public sewerage system consisting
of gravity mains, sewage lift stations and force mains, some of which are located within
the corporate limits of the City of Johnson, Arkansas, and wastewater treatment facilities
with sufficient capacity to treat current and foreseeable sewage flows generated in its
corporate city limits as well as future sewage flows from Johnson, and other out-of-town
customers; and
WHEREAS, Fayetteville has provided sewer service to customers in Johnson for
many years, but had to refrain from providing service to new customers in Johnson until
its new Westside Wastewater Facility could be completed; and
WHEREAS, Johnson and Fayetteville desire to enter into an agreement whereby
Fayetteville will provide access on an individual basis to its sewer mains for customers in
the City of Johnson who are within Fayetteville's water service area; and,
WHEREAS, all new customers of the Fayetteville public sewage and treatment
system are responsible to pay the system wide sewer impact fee to ensure new
development that increases demand upon the wastewater system will bear its
proportionate share of necessary improvements caused by increasing demand; and
WHEREAS, it is to the mutual advantage of Johnson and Fayetteville and their
citizens to enter into an agreement for Fayetteville to own, operate and maintain a public
sewerage system within Fayetteville's water service areas of the City of Johnson freely
utilizing street and alley rights of way and easements to provide sewer service to Johnson
citizens and thereby protecting the public health and maintaining the quality of life
desired by citizens of Johnson; and
WHEREAS, the cities and their citizens will be benefitted by establishing a
procedure and framework for future expansion and improvements to Fayetteville's
sanitary sewer system in the City of Johnson.
NOW, THEREFORE, THE CITY OF JOHNSON AND THE CITY OF
FAYETTEVILLE AGREE AS FOLLOWS:
(1) SEWER SERVICE PROVIDED TO JOHNSON CITIZENS AND
BUSINESSES:
(A) Sewer service area.
The City of Fayetteville agrees to provide access to its sewerage facilities to
individual customers in Johnson who are located within Fayetteville's water service
boundary area (shown on the attached map) as agreed by the Beaver Water District and
the Cities of Fayetteville and Springdale. (This shall be referred to as the "sewer service
area" hereinafter.) If this water service boundary area is modified by future mutual
agreement of Fayetteville and Springdale, the sewer service area may be modified by the
consent of Johnson and Fayetteville to match the modified water service area.
(B) Sewer services.
The City of Fayetteville agrees that it will maintain and service all sewer
facilities within its sewer service area within Johnson in a reasonable manner with the
aim of providing reasonably consistent sewer service similar to the sewer service enjoyed
by all of Fayetteville's in -town and out-of-town customers. Fayetteville shall not be
responsible nor liable for any damages or claims resulting from the interruption,
discharge or failure of any part of the Fayetteville Wastewater Treatment (Sewerage)
System. If scheduled interruptions to sewer service in Johnson are necessary for system
repair, maintenance, extension or rehabilitation, Fayetteville will attempt to notify the
City of Johnson of such interruption prior to the commencement of the work.
Fayetteville shall also attempt to notify affected Johnson customers similarly to how it
attempts to notify its own citizens and other customers.
(C) Effective date of this contract.
This contract shall take effect and be in full force when approved by both
city councils, signed by both mayors and after Johnson's ordinance detaching the 99 acre
parcel has been approved by the Johnson City Council, approved and signed by Mayor
Barron and the time for any legal challenges has expired or upon the final dismissal on
the merits of such legal challenge.
(D) Term of the contract.
Fayetteville and Johnson agree that the term of this contract shall be fifteen
(15) years. This contract may be renewed for another term of fifteen (15) years under the
same terms and conditions upon the approval of both cities through city council
resolutions.
2
(E) Cooperation of the cities.
Fayetteville and Johnson pledge to cooperate and work together to
effectuate the goals and purposes of this contract for the benefit of their citizens.
(F) Ownership of sewer mains and facilities; franchise and right to use rights-of-
way and easements for sewer mains and facilities.
Fayetteville shall continue to own and operate all sewer mains and facilities
located within or serving the Johnson sewer service area. Johnson shall by ordinance
grant Fayetteville a permanent franchise, free of charge but contingent upon Fayetteville
providing sewer service to the Johnson sewer service area, so that Fayetteville has access
to all street and alley rights-of-way, public easements, etc. for the use, maintenance,
repair, replacement, and installation of sewer mains and sewage facilities necessary to
properly serve the Johnson sewer service area and the Fayetteville Wastewater System.
(G) Sewer rates.
Fayetteville shall supply sanitary sewer service through its collection
system and shall charge sewer customers located within Johnson's city limits according
to the schedule of rates for customers located outside the corporate city limits of
Fayetteville, Arkansas as established in the latest Fayetteville Ordinance prescribing
sewer rates. Sewer rates may change periodically for both Fayetteville and out-of-town
customers based upon a rate study and in accordance with state law. Fayetteville will
notify Johnson of any public hearing for a sewer rate change before the Fayetteville City
Council meeting in which a sewer rate increase is being proposed.
(H) Water and Wastewater Impact Fees.
Johnson agrees that the City of Fayetteville is empowered to charge its
Water and Wastewater Impact Fees to new development customers in the Johnson sewer
service area as Fayetteville does for new development in "all of the territory within the
City's water and wastewater service areas .... Unified Development Code of
Fayetteville § 159.02(A). Johnson agrees these impact fees may be changed by
Fayetteville after following the procedures mandated by A.C.A. §I4-56-103.
(1) Billing and collection powers.
Johnson agrees that Fayetteville may continue its meter reading, billing and
collection procedures and operations, including discontinuing service to customers who
fail to pay their bills, throughout all of its sewer service area within Johnson just as
Fayetteville does throughout its entire water and wastewater service area.
3
(J) Sewer service connections.
All water customers of Fayetteville located within Johnson's sewer service
area shall be required by Johnson to connect to the sewer system in accordance with the
rules and regulations as set out by the City of Fayetteville, the City of Johnson, the
Arkansas Department of Health, the Arkansas Department of Environmental Quality, and
the U. S. Environmental Protection Agency. The charges and requirements for sewer
service connections shall be the same as for like service in the City of Fayetteville at the
time the sewer service connections are made. Taps or connections to any and all sewer
lines shall be made only by the Fayetteville Water and Sewer Department after
Fayetteville has approved such taps. Johnson authorizes Fayetteville to make street
cuts and openings where necessary to make new taps or connections. Fayetteville agrees
to repair street cuts required in street crossings, street taps and/or repairs with materials
equal to or better than the material and street condition prior to such street cut.
(K) Plumbing.
Johnson shall require each customer within the Johnson sewer service area
to pay Fayetteville's current plumbing inspection fee and to install all plumbing in
accordance with the then current ordinances, rules and regulations of the City of
Fayetteville. All plumbing shall be inspected by inspectors of the Fayetteville Building
Safety Division. Water service shall not be provided if the plumbing fails to meet the
requirements of the applicable Fayetteville Code.
(L) Ensuring viability of manholes.
Johnson agrees to ensure that manholes are re-established to the proper
elevation after all street widening, reconstruction or overlay projects permitted or
constructed by the City of Johnson have been completed. Any manhole repair or
reconstruction must meet the City of Fayetteville's specifications and pass inspection by
Fayetteville. Manholes must be raised or lowered to grade within thirty (30) days of
being covered. Johnson agrees to hold Fayetteville harmless from any claims or cost
incurred that are worsened by manholes being covered by a City of Johnson street
project. Any manholes or any other sewer system components that have to be raised,
moved, or otherwise changed as a result of work performed in any way by Johnson shall
be at Johnson's expense.
(M) Johnson to allow construction and operation of sewer system by Fayetteville.
Johnson agrees to adopt such ordinances, rules and regulations as will allow
Fayetteville to construct, maintain and operate the sewage system in accordance with the
rules, regulations, or specifications of the Arkansas Department of Health, the Arkansas
Department of Environmental Quality, the U.S. Environmental Protection Agency, and
Fayetteville. Noncompliance with said rules, regulations or specifications by any
4
customer may result in discontinuance of service to that customer. Fayetteville shall
determine if such noncompliance has occurred. Johnson also agrees to adopt the
necessary ordinances to provide Fayetteville with the necessary authority to implement
any enforcement action of local, state and federal law or regulation.
(N) Public health regulation compliance.
Johnson agrees to ensure and require that all of its sewer customers within
the sewer service area shall constantly comply with the ordinances, rules and regulations
of Fayetteville, the U.S. Environmental Protection Agency, the Arkansas Department of
Health, and the Arkansas Department of Environmental Quality governing public health
and sewer operations and usage which may now exist or may hereinafter 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 and
Fayetteville shall not be liable for any damages or expenses which might result from any
discontinuance.
(0) Discontinuance of sewer service.
Discontinuance of sewer service is most commonly executed by a
discontinuance of water service. Fayetteville reserves the right to discontinue sewer
service to individual customers without notice for any of the following reasons:
1. For fraudulent representation as to the condition of plumbing
system as it relates to the protection and safety of Fayetteville's
sewer system;
2. For improperly connected appliances and fixtures resulting in
hazardous, potentially hazardous, or defective conditions;
3. For emergencies where damage to property, equipment or health
may occur;
4. By order or request of the Arkansas Department of Health;
5. By order or request of the Arkansas Department of Environmental
Quality;
6. If rules and regulations of the Arkansas Department of Health,
or the U.S. Environmental Protection Agency relating to the safety
and of the public sewer collection or treatment system are being
neglected or violated;
7. If Ordinances of the City of Johnson or City of Fayetteville relating
to the safety and protection of public sewer system are being
neglected or violated; and
8. For failure to fully and timely pay water and sewer bills.
5
(P) Taxes and fees prohibited.
Johnson 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 nor assess
any fee upon Fayetteville, the sewer system or the operations called for by this contract.
Nothing contained herein shall preclude the collection of any gross receipts tax (i.e. state,
county or local sales tax) enacted in accordance with state law and not otherwise made
exempt by state law.
(Q) Developers extending sewer mains.
Sewer mains to meet the needs of new development are primarily the
responsibility of the developer and not the City of Fayetteville. Engineering, placement,
size and construction of new sewer mains by a developer within the Johnson sewer
service area must be inspected and approved by Fayetteville. The developer shall pay to
Fayetteville the normal system wide inspection and permit fee rate for these services by
Fayetteville.
(R) Obtaining necessary new public water/sewer easements.
Johnson hereby grants to Fayetteville the right to construct, operate and
own additional sewer facilities on or within the rights-of-way of dedicated public streets
and alleys or within utility easements and other passageways. Fayetteville shall not
construct or lay a sewer main across private property unless Johnson and/or the owners of
such private property shall furnish to Fayetteville an executed easement by the owners of
such property giving and granting to Fayetteville the right to construct, lay and maintain
such sewer main across the private property. These easements shall be on forms as
prescribed by Fayetteville. The form of such easements and their provisions or deeds
shall show Fayetteville as the Grantee. In order to facilitate required improvements,
Johnson agrees to cooperate with Fayetteville and assist in obtaining authority to cross
private property with sewer mains. Johnson agrees to participate in any necessary
eminent domain actions regarding property within the corporate limits of Johnson if
Fayetteville so requests. Johnson further agrees it will not unreasonably impair, hinder or
delay the obtaining of such easements or the construction of such required improvements.
Johnson agrees that it will offer its full support to accomplish such improvements and
obtain necessary easements.
(2) NOTICES:
Any written notices provided for herein shall be sufficient if hand -delivered or
sent by certified mail, return receipt requested, postage prepaid, to the respective Mayor
of the City.
6
(3) COMPLETE AGREEMENT:
It is agreed that neither city hereto is relying upon any oral or written information
made by the other prior to the signing of this contract unless expressly provided herein,
and that this contract constitutes the entire agreement between the City of Johnson and
the City of Fayetteville and the contract shall not be hereafter amended or modified
unless reduced to writing, approved by both City Councils and signed by the Mayors.
(4) SEVERABILITY:
If any phrase, clause, sentence or paragraph of this contract shall be
declared invalid by the Judgment or decree of a court of competent jurisdiction, such
invalidity shall not affect any of the remaining sentences or paragraphs of this contract
and this contract shall remain in effect.
(5) SOVEREIGN IMMUNITY:
Nothing in this contract shall be construed to waive or limit the sovereign
immunity enjoyed by both cities. Any provision that could be interpreted as a waiver or
limitation of either city's sovereign immunity is expressly rejected and invalidated to the
extent of such waiver or limitation. Nothing in this contract shall be construed as
creating a partnership or joint venture between the City of Johnson and the City of
Fayetteville for the provision of sewer services.
IN WITNESS WHEREOF, the Mayor and City Recorder/Treasurer of the City
of Johnson, Arkansas, by authority of a resolution adopted by the City Council of the
City of Johnson, Arkansas and the Mayor and City Clerk/Treasurer of the City of
Fayetteville, Arkansas, by authority of a resolution adopted by the City Council of the
City of Fayetteville, Arkansas, have hereunto set their hand and caused the
corporation seal to be affixed and dated this the (TX day of -July, 2010.
CITY OF JOHNSON, ARKANSAS
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MAYOR LONNIE BARRON
ATTEST:
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City Re • rder/Treasurer
CITY OF AYETTEVILLE, ARKANSAS
OR LION s' JORDAN
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-Sewer Service Area
Johnson City Limits
Fayetteville City Limits
AGENDA REQUEST
FOR: COUNCIL MEETING OF JUNE 15, 2010
FROM:
KIT WILLIAMS, CITY ATTORNEY
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A Resolution To Approve A 15 Year Contract For Sanitary Sewer Service
Between Fayetteville And Johnson
APPROVED FOR AGENDA:
Kit Williams, City Attorney
Date
ens, Utilities Director Date
P0A
a. to MIti�1 ?p tb
Paul Becker, Financial Director Date
Doh Marr, Chief of Staff
ioneld Jor : ► ayor
Date
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ate
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FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
LEGA I,1EPA R'I'11-1ENT
TO: Lioneld Jordan, Mayor
City Council
CC: Don Marr, Chief of Staff
David Jurgens, Utilities Director
FROM: Kit Williams, City Attorney
DATE: May 26, 2010
RE: Contract for Sanitary Sewer Service between the
Cities of Johnson and Fayetteville
A very important part of our agreement with Johnson for simultaneous
detachment and annexation of the 99 acres parcel adjoining the north side of the
Van Asche extension is a contract with Johnson to provide sewer service to its
citizens and businesses within our water service area in Johnson. We are already
supplying service to over a hundred Johnson customers, but this contract will make
our sewer mains available to all residents and businesses within our water service
area. Our water service area is a contractual commitment between Fayetteville and
the Beaver Water District. It includes most of Johnson south of Clear Creek.
The Contract for Sanitary Sewer Service between the Cities of Johnson and
Fayetteville was explained to the Sewer Committee by David Jurgens and me
during their meeting after the Agenda. Session on May 25, 2010. The Sewer
Committee unanimously approved it and recommended it to the City Council. 1
will soon provide it to the Johnson City Attorney for what I hope is a quick,
tentative approval. (Only our City Councils can give real, final approval.) There
may be some minor adjustments needed. Any such changes will be explained and
placed before you for approval before you as asked to approve the resolution.
David Jurgens, Utilities Director, has assured us that our sewer mains
currently serving part of Johnson and our overall wastewater capacity are adequate
to serve the entire remaining Fayetteville water service area within Johnson with
sanitary sewer service without significant additional expenditures by our current
sewer customers.
Extension of sewer mains to reach new customers and development within
our water service area in Johnson will be at the developer's cost just as it is with
normal development within Fayetteville. It is the intent of the contract and both
cities that Fayetteville will not be burdened by additional, new expenses (not paid
for by sewer rates and impact fees) as a result of extending sewer service to our
water service area within the City of Johnson. Sewer rates shall be those currently
paid by Johnson citizens and businesses served with sewer by Fayetteville. Sewer
rates can be raised by the Fayetteville City Council in the future to cover
increasing costs.
This is one of several contracts that both Fayetteville and Johnson need to
approve and have their mayors sign to complete the overall agreement regarding
the detachment and annexation of the 99 acre parcel. I will soon provide to you the
proposed Contract for Enhanced Water Service between Johnson and Fayetteville.
The City Attorney of Johnson and I are working on an Agreement concerning
maintaining the current Van Asche and Ball Streets as city streets (although the old
Van Asche may be subject to vacation in the future); permitting Johnson
emergency vehicles to run "hot" on Van Asche and Ball to reach parts of Johnson
needing an emergency response; paying to the City of Johnson the $35,000.00
agreed to by the City Council in its Resolution as an offset of sales tax loss to
Johnson for detaching and annexing a couple of active businesses into Fayetteville;
and agreeing to cooperate and acquire necessary rights-of-way on the north side of
Van Asche west of I-540. (This property is in Johnson).
Please discuss this sewer agreement at your June 15`h meeting, but table it
until your July 6th meeting to ensure plenty of advance notice to our citizens.
David Jurgens will be out of the country on duty during the June 15th meeting, but
will attend and can answer any questions and explain the details during the July 6th
meeting. I am having knee replacement surgery a week before the July 6`h meeting
and so am not certain whether I will be able to attend.
RESOLUTION NO.
A RESOLUTION TO APPROVE A 15 YEAR CONTRACT FOR
SANITARY SEWER SERVICE BETWEEN FAYETTEVILLE
AND JOHNSON
WHEREAS, Fayetteville owns and operates a public sewerage system consisting of
gravity mains, sewage lift stations and force mains, some of which are located within the
corporate limits of the City of Johnson, Arkansas, and wastewater treatment facilities with
sufficient capacity to treat current and foreseeable sewage flows generated in its corporate city
limits as well as future sewage flows from Johnson, and other out-of-town customers; and
WHEREAS, Fayetteville has provided sewer service to customers in Johnson for many
years, but had to refrain from providing service to new customers in Johnson until its new
Westside Wastewater Facility could be completed; and
WHEREAS, Johnson and Fayetteville desire to enter into an agreement whereby
Fayetteville will provide access on an individual basis to its sewer mains for customers in the
City of Johnson who are within Fayetteville's water service area; and,
WHEREAS, all new customers of the Fayetteville public sewage and treatment system
are responsible to pay the system wide sewer impact fee to ensure new development that
increases demand upon the wastewater system will bear its proportionate share of necessary
improvements caused by increasing demand; and
WHEREAS, it is to the mutual advantage of Johnson and Fayetteville and their citizens
to enter into an agreement for Fayetteville to own, operate and maintain a public sewerage
system within Fayetteville's water service areas of the City of Johnson freely utilizing street and
alley rights of way and easements to provide sewer service to Johnson citizens and thereby
protecting the public health and maintaining the quality of life desired by citizens of Johnson;
and
WHEREAS, the cities and their citizens will be benefitted by establishing a procedure
and framework for future expansion and improvements to Fayetteville's sanitary sewer system in
the City of Johnson.
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 fifteen year Contract For Sanitary Sewer Service between the cities of Johnson and
Fayetteville attached as Exhibit A and authorizes Mayor Jordan to execute this Contract upon its
approval by the Johnson City Council and signature by Mayor Lonnie Barron and the approval
of all other pending contracts between Johnson and Fayetteville and the ordinance for the
simultaneous detachment and annexation into Fayetteville of the agreed 99 acre parcel by the
Johnson City Council and signature by Mayor Barron
PASSED and APPROVED this 6.th day of July, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
CONTRACT FOR SANITARY SEWER SERVICE
BETWEEN THE CITIES OF
JOHNSON, ARKANSAS AND FAYETTEVILLE, ARKANSAS
THIS CONTRACT is made and entered into this day of July, 2010, by and
between the City of Fayetteville, Arkansas, a municipal corporation, hereinafter referred
to as "Fayetteville", and the City of Johnson, Arkansas, a municipal corporation,
hereinafter referred to as "Johnson".
WHEREAS, Fayetteville owns and operates a public sewerage system consisting
of gravity mains, sewage lift stations and force mains, some of which are located within
the corporate limits of the City of Johnson, Arkansas, and wastewater treatment facilities
with sufficient capacity to treat current and foreseeable sewage flows generated in its
corporate city limits as well as future sewage flows from Johnson, and other out-of-town
customers; and
WHEREAS, Fayetteville has provided sewer service to customers in Johnson for
many years, but had to refrain from providing service to new customers in Johnson until
its new Westside Wastewater Facility could be completed; and
WHEREAS, Johnson and Fayetteville desire to enter into an agreement whereby
Fayetteville will provide access on an individual basis to its sewer mains for customers in
the City of Johnson who are within Fayetteville's water service area; and,
WHEREAS, all new customers of the Fayetteville public sewage and treatment
system are responsible to pay the system wide sewer impact fee to ensure new
development that increases demand upon the wastewater system will bear its
proportionate share of necessary improvements caused by increasing demand; and
WHEREAS, it is to the mutual advantage of Johnson and Fayetteville and their
citizens to enter into an agreement for Fayetteville to own, operate and maintain a public
sewerage system within Fayetteville's water service areas of the City of Johnson freely
utilizing street and alley rights of way and easements to provide sewer service to Johnson
citizens and thereby protecting the public health and maintaining the quality of life
desired by citizens of Johnson; and
WHEREAS, the cities and their citizens will be benefitted by establishing a
procedure and framework for future expansion and improvements to Fayetteville's
sanitary sewer system in the City of Johnson.
NOW, THEREFORE, THE CITY OF JOHNSON AND THE CITY OF
FAYETTEVILLE AGREE AS FOLLOWS:
(1) SEWER SERVICE PROVIDED TO JOHNSON CITIZENS AND
BUSINESSES:
(A) Sewer service area.
The City of Fayetteville agrees to provide access to its sewerage facilities to
individual customers in Johnson who are located within Fayetteville's water service
boundary area (shown on the attached map) as agreed by the Beaver Water District and
the Cities of Fayetteville and Springdale. (This shall be referred to as the "sewer service
area" hereinafter.) If this water service boundary area is modified by future mutual
agreement of Fayetteville and Springdale, the sewer service area may be modified by the
consent of Johnson and Fayetteville to match the modified water service area.
(B) Sewer services.
The City of Fayetteville agrees that it will maintain and service all sewer
facilities within its sewer service area within Johnson in a reasonable manner with the
aim of providing reasonably consistent sewer service similar to the sewer service enjoyed
by all of Fayetteville's in -town and out-of-town customers. Fayetteville shall not be
responsible nor liable for any damages or claims resulting from the interruption,
discharge or failure of any part of the Fayetteville Wastewater Treatment (Sewerage)
System. If scheduled interruptions to sewer service in Johnson are necessary for system
repair, maintenance, extension or rehabilitation, Fayetteville will attempt to notify the
City of Johnson of such interruption prior to the commencement of the work.
Fayetteville shall also attempt to notify affected Johnson customers similarly to how it
attempts to notify its own citizens and other customers.
(C) Effective date of this contract.
This contract shall take effect and be in full force when approved by both
city councils, signed by both mayors and after Johnson's ordinance detaching the 99 acre
parcel has been approved by the Johnson City Council, approved and signed by Mayor
Barron and the time for any legal challenges has expired or upon the final dismissal on
the merits of such legal challenge.
(D) Term of the contract.
Fayetteville and Johnson agree that the term of this contract shall be fifteen
(15) years. This contract may be renewed for another term of fifteen (15) years under the
same terms and conditions upon the approval of both cities through city council
resolutions.
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(E) Cooperation of the cities.
Fayetteville and Johnson pledge to cooperate and work together to
effectuate the goals and purposes of this contract for the benefit of their citizens.
(F) Ownership of sewer mains and facilities; franchise and right to use rights-of-
way and easements for sewer mains and facilities.
Fayetteville shall continue to own and operate all sewer mains and facilities
located within or serving the Johnson sewer service area. Johnson shall by ordinance
grant Fayetteville a permanent franchise, free of charge but contingent upon Fayetteville
providing sewer service to the Johnson sewer service area, so that Fayetteville has access
to all street and alley rights-of-way, public easements, etc. for the use, maintenance,
repair, replacement, and installation of sewer mains and sewage facilities necessary to
properly serve the Johnson sewer service area and the Fayetteville Wastewater System.
(G) Sewer rates.
Fayetteville shall supply sanitary sewer service through its collection
system and shall charge sewer customers located within Johnson's city limits according
to the schedule of rates for customers located outside the corporate city limits of
Fayetteville, Arkansas as established in the latest Fayetteville Ordinance prescribing
sewer rates. Sewer rates may change periodically for both Fayetteville and out-of-town
customers based upon a rate study and in accordance with state law. Fayetteville will
notify Johnson of any public hearing for a sewer rate change before the Fayetteville City
Council meeting in which a sewer rate increase is being proposed.
(H) Water and Wastewater Impact Fees.
Johnson agrees that the City of Fayetteville is empowered to charge its
Water and Wastewater Impact Fees to new development customers in the Johnson sewer
service area as Fayetteville does for new development in "all of the territory within the
City's water and wastewater service areas .... Unified Development Code of
Fayetteville §159.02(A). Johnson agrees these impact fees may be changed by
Fayetteville after following the procedures mandated by A.C.A. § 14-56-103.
(I) Billing and collection powers.
Johnson agrees that Fayetteville may continue its meter reading, billing and
collection procedures and operations, including discontinuing service to customers who
fail to pay their bills, throughout all of its sewer service area within Johnson just as
Fayetteville does throughout its entire water and wastewater service area.
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