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HomeMy WebLinkAbout211-10 RESOLUTIONRESOLUTION NO. 211-10 A RESOLUTION APPROVING A CONTRACT EXTENSION WITH THE CITY OF GREENLAND FOR THE OPERATION AND MAINTENANCE OF ITS WASTEWATER COLLECTION SYSTEM 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 a contract extension with the City of Greenland for the operation and maintenance of its wastewater collection system. A copy of the contract is attached as Exhibit "A." PASSED and APPROVED this 7th day of December, 2010. APPROVED: ATTEST: 10 ELD JO , Mayor SONDRA E. SMITH, City Clerk/Treasurer 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, 2011 until January 8, 2013. 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. Pursuant to Greenland ordinance 280, Greenland customers receiving new sewer service from Fayetteville to pay sewer system 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. Pursuant to Greenland ordinances 282, Greenland customers will pay Greenland local impact fees, which Fayetteville will collect and remit quarterly to Greenland. 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 on or before 31 March 2012 or that another, long-term Fayetteville -Greenland Sewer Contract shall be adopted in 2012 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. t0111111 e\ly IT •YOF•A , s � :FAYETTEVIL E 1 ?-Vc5;c: Rbk LA) kA NSP 14,;�<<�JIIi11U►►► GTON , Andra Smith City Clerk City of F etteville, Arkansas or Lionel ST: City of Greenland, Arkansas J r/YLYL1/,. Donna Cheevers City Clerk David Jurgens Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 12/7/2010 City Council Meeting Date Agenda Items Only Utilities Division Action Required: Utilities Department Approval of an extension to the agreement between Fayetteville and Greenland to operate and maintain Greenland's wastewater collection system. $ Cost of this request Account Number Project Number Budgeted Item 1 Category ! Project Budget Program Category / Project Name Funds Used to Date Program / Project Category Name Water/Sewer Remaining Balance Fund Name Budget Adjustment Attached Finance and Internal Services Director Chief of S .ff ayor 10)AAJ IO Date / 1- I (0 Date tR 11 - ilu Date Date /// Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: 04-09 1/6/2009 N/A Received in City 11-1 c-1 0P03:50 2C'di) Clerk's Office 1 i Comments: Revised January 15, 2009 ave evi�le CITY COUNCIL AGENDA MEMO MEETING DATE OF DECEMBER 7, 2010 THE CITY OF FAYETTEVILLE, ARKANSAS ARKANSAS www.accessfayetteville.org To: Fayetteville City Council Thru: Mayor Lioneld Jordan Don Marr, Chief of Staff From: David Jurgens, Utilities Director Water/Sewer Committee Date: November 19, 2010 Subject: Extending the Wastewater Services Agreement Between Fayetteville and Greenland RECOMMENDATION City Administration recommends approval of an extension to the agreement between Fayetteville and Greenland to operate and maintain Greenland's wastewater collection system. BACKGROUND Fayetteville has operated and maintained the wastewater collection system in Greenland since the system was installed in the mid -1970's. The current wastewater services agreement expires January 5, 2011. Both Cities have expressed willingness and desire for Fayetteville to own the system, as well as to operate and maintain it. In order to make that transition, the system needs to be restored to full working order, or to be "made whole." This will be accomplished in the next two years, with the completion of a cost -shared sanitary sewer rehabilitation project and the installation of a backup power generator at the sewer pump station on Sandy Lane. The sewer rehabilitation project, which will cover Greenland and significant areas of southern Fayetteville, will be funded through a $287,000 State Tribal and Assistance Grant (for which we just received final approval in October, 2010), Greenland supplied funding, and Fayetteville water and sewer funds from the sanitary sewer rehabilitation project. Fayetteville staff will design the rehabilitation, and will manage the construction, which is expected to begin in early -mid 2011. Fayetteville already owns, and has always owned, the water system in the majority of Greenland. The small area west of I-540 receives water service from Washington Water Authority and sewer service from Fayetteville. Billing and collection works well between the two water systems. DISCUSSION Extending the existing wastewater services agreement for two years meets all current needs and lays the groundwork for the potential future change in ownership. All sewer services provided to Greenland residents by Fayetteville will continue unchanged through approval of this contract by both cities. Sewer rehabilitation design is underway and Greenland has developed sewer and development master plans. When the rehabilitation is completed, the system will be in appropriate condition for Fayetteville to take ownership. This is expected to be achievable in 2012. BUDGET IMPACT None. Greenland residents pay the "outside of city" sewer rates; this will not change. Greenland Swr Agmt Ext Dec 2012 CCMemo NovlO.doc RESOLUTION NO. A RESOLUTION APPROVING A CONTRACT EXTENSION WITH THE CITY OF GREENLAND FOR THE OPERATION AND MAINTENANCE OF ITS WASTEWATER COLLECTION SYSTEM 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 a contract extension with the City of Greenland for the operation and maintenance of its wastewater collection system. A copy of the contract is attached as Exhibit "A." PASSED and APPROVED this 7th day of December, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer 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, 2011 until January 8, 2013. The cities agree as follows: 1. Fayetteville agrees that it w 1 continue to operate and maintain the Gre.. land sewer system and shall treat all wastewater coli cted within the Greenland city limits (b a t only for customers who have individual water services rovided by Fayetteville). Sewer seice to Greenland residents not having Fayetteville water servic may be furnished provided mu al agreement on the method of billing such customers can be reac ed by Fayetteville and Gre- land. 2. Greenland agrees that it will require i citizens receiving 'ayetteville water service to purchase sewer service from Fayetteville under t e same sewer a . ilability criteria as required of Fayetteville citizens. Greenland agrees that its citize will be sub' -ct to pay sewer rates on a cost -of -service basis pursuant to the current sewer servic: rates adoted by the Fayetteville City Council, (§51.137 of the Code of Fayetteville) and any amen. + ents . pproved thereto. 3. Pursuant to Greenland ordinance 280, Greenld customers receiving new sewer service from Fayetteville to pay sewer system impact fe-: to ayetteville in the same amount as new development in Fayetteville pays pursuant to the curre ordin. ce and any amendments to § 159.02 Water and Wastewater Impact Fees of the Unifier Develop A ent Code of Fayetteville. Pursuant to Greenland ordinances 282, Greenland customers ill pay Gree land local impact fees, which Fayetteville will collect and remit quarterly to Green .nd. 4. Paragraphs 5, 6, 7, 8, 9, 10, 11, 2, 13, 15, 16, 17, 18, 19, 21 and 22 of the 1993 Fayetteville - Greenland Sewer Contract ar adopted and incorporated h: rein as if set forth word for word. 5. Fayetteville and Greenla i anticipate that the City of Fayette ille shall either assume ownership and operation of the Greenl . d sewer system on or before 31 MarC i 2012 or that another, long-term Fayetteville-Greenlan, Sewer Contract shall be adopted in 201 n which Fayetteville will agree to continue to operate . d maintain the sewer system within and se ing Greenland residents. IN AGREEMENT ITH ALL PROMISES, OBLIGATIONS AN TERMS STATED ABOVE, the Mayors of the Cities of Fayetteville and Greenland .have signed be after having been properly authorized by t -ir respective City Councils. City ' Fayetteville, Arkansas City of Greenland, Arka sas ayor Lioneld Jordan Mayor John Gray ATTEST: Sondra Smith City Clerk Donna Cheevers City Clerk