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Home My WebLink About219-12 RESOLUTIONRESOLUTION NO. 219-12 A RESOLUTION APPROVING AN EXTENSION OF THE AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND THE CITY OF GREENLAND REGARDING THE PROVISION OF WASTEWATER COLLECTION SERVICES IN THE CITY OF GREENLAND 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 extension of the agreement between the City of Fayetteville and the City of Greenland regarding the provision of wastewater collection services in the City of Greenland. A copy of the contract extension is attached to this Resolution as Exhibit "A". PASSED and APPROVED this 20th day of November, 2012. APPROVED: ATTEST: LI 1 NELD i ' N, Mayor By: 1' I ylc n- `� �� OWL 21\--' 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 9, 2013 until January 6, 2015. 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, 051.137 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 ordinance 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 30 September 2014 or that another, long-term Fayetteville -Greenland Sewer Contract shall be adopted in 2014 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 F yetteville, Arkansas City of Greenland, Arkansas ayor Lionel ► dan May ill Groom ATTEST:�'` 1 r reo. c.‘‘) . „ i44,44,4-- - Sondra Smith zz• donna Cheevers City Clerk %.,'�•9.6WA ys a":" City Clerk } r�ii irr �tiitii�‘`‘. EXHIBIT r'" - 2 - David Jurgens Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 11/20/2012 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 Category / Project Budget Program Category / Project Name Funds Used to Date Program / Project Category Name Water/Sewer Remaining Balance Fund Name Budget Adjustment Attached Date 1))z0iz, Finance and Internal Services Director Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: 04-09 1/6/2009 N/A Date Comments: Revised January 15, 2009 a'F ve`�ille CITY COUNCIL AGENDA MEMO MEETING DATE OF NOVEMBER 20, 2012 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: October 31, 2012 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 8, 2013. 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 (received in late 2010), Greenland supplied funding, and Fayetteville water and sewer funds from the sanitary sewer rehabilitation project. Fayetteville staff will design the rehabilitation - with surveying and plan development support from Garver Engineers - and will manage the construction, which is expected to begin in early -mid 2013. 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 2013. BUDGET IMPACT None. Greenland residents pay the "outside of city" sewer rates; this will not change. Greenland Swr Agmt Ext Dec 2014 CCMemo Nov12 RESOLUTION NO. A RESOLUTION APPROVING AN EXTENSION OF THE AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND THE CITY OF GREENLAND REGARDING THE PROVISION OF WASTEWATER COLLECTION SERVICES IN THE CITY OF GREENLAND 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 extension of the agreement between the City of Fayetteville and the City of Greenland regarding the provision of wastewater collection services in the City of Greenland. A copy of the contract extension is attached to this Resolution as Exhibit "A". PASSED and APPROVED this 20th day of November, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer RESOLUTION 11-12-2012A A RESOLUTION TO APPROVE A TWO YEAR SEWER SERVICE EXTENSION AGREEMENT BETWEEN THE CITIES OF FAYETTEVILLE AND GREENLAND. WHEREAS, the Cities of Fayetteville and Greenland entered into a fifteen year Sewer Contract on December 21, 1993, which was extended by an option granted to the City of Greenland. WHEREAS, the Cities of Greenland and Fayetteville have invested considerable time and money in working toward a transfer to Fayetteville of the entire Greenland sewer system. WHEREAS, two year extensions were approved by Resolutions 01-12-2009F and 12-09- 2010A however, the most recent extension expires January 8, 2013. BE IT THEREFORE RESOLVED BY THE CITY COUNCIL OF GREENLAND, ARKANSAS, That Section 1: The Two Year Agreement attached hereto which replaces the extension agreement adopted December 9, 2010, and incorporates a substantial portion of the 1993 long term contract for sewer services with Fayetteville, should be and hereby is approved as it should cover the period of time required to complete the transfer of the Greenland sewer (wastewater collection) system to the City of Fayetteville. Section 2: The Mayor and Recorder -Treasurer are hereby authorized and directed to execute the attached agreement and to exchange executed copies of same with the City of Fayetteville. PASSED AND APPROVED this 12th day of November, 2012. DONNA CHEEVERS, Recorder/Treasurer cog/Greenland and Fay Sewer Service Extension 110612 to 1 BILL dROOM, Mayor TWO YEAR AGREEMENT TO CONTINUE SEWER SERVICWBY FAYETTEVILLE FOR GREENLAND Come now the ity of Fayetteville and the City of Greenland and agree to a two ye• sewer contract for the period of Jan ► ry 9, 2013 until January 6, 2015. The cities agree as follows: 1. Fayetteville agree ` that it will continue to operate and maintain the Greei and sewer system and shall treat all waste ater collected within the Greenland city limits (bu •nly for customers who have individual water ervices provided by Fayetteville). Sewer sere'e to Greenland residents not having Fayetteville wate service may be furnished provided mute agreement on the method of billing such customers can •e reached by Fayetteville and Green] nd. 2. Greenland agrees that it will req re its citizens receiving Fa etteville water service to purchase sewer service from Fayetteville un . r the same sewer avai ability criteria as required of Fayetteville citizens. Greenland agrees that its citi ens will be subjec to pay sewer rates on a cost -of -service basis pursuant to the current sewer servirates adopt by the Fayetteville City Council, (§51.137 of the Code of Fayetteville) and any amen. dents at.roved thereto. 3. Pursuant to Greenland ordinance 280, Greenla . ustomers receiving new sewer service from Fayetteville to pay sewer system impact fees s Fa 'tteville in the same amount as new development in Fayetteville pays pursuant to the current rdi fiance , nd any amendments to §159.02 Water and Wastewater Impact Fees of the Unified evelopment ti`ode of Fayetteville. Pursuant to Greenland ordinance 282, Greenland customers w' I pay Greenland k 'al impact fees, which Fayetteville will collect and remit quarterly to Greenl 4. Paragraphs 5, 6, 7, 8, 9, 10, 1 1, , 13, 15, 16, 17, 18, 19, 21 and 2of the 1993 Fayetteville - Greenland Sewer Contract are dopted and incorporated herein as ifs ic °t forth word for word. 5. Fayetteville and Greenlai : anticipate that the City of Fayetteville shall eit • r assume ownership and operation of the Greenlld sewer system on or before 30 September 2014 or hat another, long-term Fayetteville-Greenla d Sewer Contract shall be adopted in 2014 in which Fay teville will agree to continue to operate nd maintain the sewer system within and serving Greenland : sidents. IN AGREEMEN ' WITH ALL PROMISES, OBLIGATIONS AND TERMS STA i D ABOVE, the Mayors of t e Cities of Fayetteville and Greenland .have signed below after having be. Z properly authorized by 7eir respective City Councils. Ci of Fayetteville, Arkansas City of Greenland, Arkansas Mayor Lioneld Jordan Mayor Bill Groom ATTEST: Sondra Smith City Clerk I A Donna Cheevers City Clerk