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113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Resolution: 261-17
File Number: 2017-0679
CITY OF GREENLAND WASTEWATER CONTRACT:
A RESOLUTION TO APPROVE A FIFTEEN (15) YEAR CONTRACT WITH THE CITY OF
GREENLAND TO ACCEPT AND PROCESS THEIR WASTEWATER AND TO AUTHORIZE MAYOR
JORDAN TO SIGN THIS CONTRACT
WHEREAS, the City of Fayetteville owns and operates its wastewater collection and treatment system
and has for almost a quarter century accepted and treated wastewater from the City of Greenland; and
WHEREAS, the City of Greenland has for almost a quarter century abided by and properly performed its
obligations pursuant to the Fayetteville -Greenland Contract of 1993 and extensions thereof including the
latest two-year extension of March 15, 2016; and
WHEREAS, it is in mutual best interests of the citizens and cities of Fayetteville and Greenland to enter into
this renewal of that sewer contract and its extensions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the attached
Fayetteville and Greenland Sewer Contract of 2017 with a term of fifteen (15) years with an option for
Greenland to renew for an additional fifteen (15) years and authorizes Mayor Jordan to sign this contract.
PASSED and APPROVED on 12/5/2017
Page 1 Printed on 12/6117
Resolution: 261-17
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Attest:
Sondra E. Smith, City Clerk Treasurer
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Page 2 Printed on 1216117
CITY OF
FAYETTEVILLE
W4V ARKANSAS
MEETING OF DECEMBER 5, 2017
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Water & Sewer Committee
FROM: Tim Nyander, Utilities Director
DATE: November 20, 2017
CITY COUNCIL MEMO
SUBJECT: Resolution approving a fifteen -year agreement to continue sewer service by
Fayetteville for Greenland for the period of January 1, 2018 to December 31, 2032
RECOMMENDATION:
Staff recommends approval of a fifteen -year 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
December 31, 2017. In the past, Greenland had expressed a willingness for Fayetteville to own
the system, in addition to operating and maintaining it. To make that transition, the system
needed to be restored by refurbishing the sewer pump station on Sandy Lane. While a plan was
being developed, the City of Fayetteville renewed the sewer service contract in two-year
increments.
DISCUSSION:
Greenland has recently acquired financing to make improvements on their sewer collection
system, and have started work on the design for upgrades. Given that, the City of Greenland will
retain ownership of their sewer collection system, and is requesting to extend the sewer service
contract for a period of 15 years, to reflect the original contract.
A signed contract is normally required to start a Legistar item, but not necessarily when we are
working with another governmental unit. It is important to get this item moving forward while we
wait for Greenland Mayor Groom to sign the agreement after his Council's approval. The
signed contract will be in place before it goes to Mayor Jordan for signature.
BUDGET/STAFF IMPACT:
None. Greenland residents pay the "outside of city" sewer rates; this will not change.
Attachments:
Agreement
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2017-0679
Legistar File ID
12/5/2017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
11/20/2017 Utilities Director/
Utilities Department
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of a fifteen -year agreement between the Cities of Fayetteville for Greenland regarding
the provision of wastewater collection services for the City of Greenland for the period of January 1, 2018 until
December 31, 2032.
Budget Impact:
N/A
Account Number
N/A
Project Number
N/A
Fund
N/A
Project Title
Budgeted Item? NA Current Budget $ -
Funds Obligated $
Current Balance $ -
Does item have a cost? NA Item Cost $
Budget Adjustment Attached? NA Budget Adjustment $
Remaining Budget $
V20140710
Previous Ordinance or Resolution # 60-16
Original Contract Number: Approval Date:
Comments:
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2017-0679
Agenda Date: 12/5/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: C. 6
CITY OF GREENLAND WASTEWATER CONTRACT:
A RESOLUTION TO APPROVE A FIFTEEN (15) YEAR CONTRACT WITH THE CITY OF
GREENLAND TO ACCEPT AND PROCESS THEIR WASTEWATER AND TO AUTHORIZE MAYOR
JORDAN TO SIGN THIS CONTRACT
WHEREAS, the City of Fayetteville owns and operates its wastewater collection and treatment system and
has for almost a quarter century accepted and treated wastewater from the City of Greenland; and
WHEREAS, the City of Greenland has for almost a quarter century abided by and properly performed its
obligations pursuant to the Fayetteville -Greenland Contract of 1993 and extensions thereof including the latest
two-year extension of March 15, 2016; and
WHEREAS, it is in mutual best interests of the citizens and cities of Fayetteville and Greenland to enter into
this renewal of that sewer contract and its extensions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the attached
Fayetteville and Greenland Sewer Contract of 2017 with a term of fifteen (15) years with an option for
Greenland to renew for an additional fifteen (15) years and authorizes Mayor Jordan to sign this contract.
City of Fayetteville, Arkansas Page 1 Printed on 121612017
FAYETTEVILLE AND GREENLAND
SEWER CONTRACT OF 2017
Comes now the City of Fayetteville and the City of Greenland and mutually
agree to this new Fifteen (15) Year Sewer Contract for the period of January 1,
2018 until December 31, 2032.
The City of Fayetteville and the City of Greenland hereby mutually agree as follows:
WHEREAS, the City of Fayetteville owns and operates its wastewater collection and treatment
system and has for almost a quarter century accepted and treated wastewater from the City of
Greenland; and
WHEREAS, the City of Greenland has for almost a quarter century abided by and properly
performed its obligations pursuant to the Fayetteville -Greenland Contract of 1993 and extensions
thereof including the latest two-year extension of March 15, 2016; and
WHEREAS, it is in mutual best interests of the citizens and cities of Fayetteville and Greenland
to enter into this renewal of that sewer contract and its extensions.
The City of Fayetteville and the City of Greenland mutually promise,
agree and covenant to fully perform and obey all of the terms, requirements
and conditions shown below:
1. FAYETTEVILLE WILL ACCEPT AND TREAT GREENLAND SEWERAGE:
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 CUSTOMERS WILL PAY FAYETTEVILLE TO ACCEPT AND
TREAT SEWERAGE: 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 thereto.
3. NEW GREENLAND CUSTOMERS SHALL PAY IMPACT FEES: Pursuant to
Greenland Ordinance 280, Greenland customers receiving new sewer service from Fayetteville
shall pay sewer impact fees to Fayetteville in the same amount as new development in Fayetteville
pays pursuant to the current ordinance and any amendments to §159.02 Water and Wastewater
Impact Fees of the Unified Development Code of Fayetteville. Pursuant to Greenland ordinance
282, Greenland customers will pay Greenland local impact fees; which Fayetteville will collect
and remit quarterly to Greenland.
4. CHARGES AND REQUIREMENTS FOR SEWER SERVICE CONNECTIONS:
The charges for making individual connections to the Greenland System shall be as established by
the Fayetteville City Council and as adjusted from time to time. A Plumbing Permit must be
obtained from the City of Fayetteville before a connection order can be issued by Fayetteville.
5. BILLING, COLLECTIONS AND PAYMENT: Fayetteville shall issue billing and
collect all bills in accordance with ordinances of the City of Fayetteville and the rules and
regulations of the Water and Wastewater Department of Fayetteville as now exist or hereafter
adopted, and if any customer fails or refuses to pay said billing, Fayetteville shall discontinue water
and sewer service to such customer in accordance with said ordinances, rules and regulations.
6. COMPLIANCE WITH RULES AND REGULATIONS: The City of Greenland
and all sewer customers shall comply with, at all times, the ordinances, rules and regulations of
the City of Fayetteville which may now exist or may hereafter be promulgated. Failure or refusal
of any customer to comply with such ordinances, rules or regulations will subject the customer to
immediate discontinuance of water and sewer service. Neither Fayetteville nor Greenland shall in
any way be liable for any damages or expenses which may result from such discontinuance.
(A) Each customer shall obtain a Plumbing Permit from the City of Fayetteville and
install all plumbing in accordance with the ordinances, rules and regulations of the
City of Fayetteville in effect at the time such plumbing is installed. Fayetteville
shall provide a copy of each and every regulation and ordinance so alluded to this
Contract to Greenland as they now exist and shall provide changes to those
regulations as soon as possible after such changes are made.
(B) Greenland shall not be held liable under any rule or regulation or ordinance that has
not been properly transmitted to them. Greenland will adopt an ordinance or
ordinances providing for the discontinuance of water and sewer service in the event
of failure or refusal of a customer to comply with the above provisions. All
plumbing shall be inspected by the City of Fayetteville Plumbing Inspector, or his
authorized agent. The Plumbing Permit Fee/Inspection Fee shall be as prescribed
by the City of Fayetteville from time to time for outside of the City of Fayetteville.
(C) The Plumbing Permit Fees for Greenland shall be determined on a cost of service
basis and shall include but not be limited to the costs of equipment used, man hours
employed, and mileage, overhead and administrative costs. The Plumbing Permit
Fees shall be as shown in Exhibit "B", attached and as modified by Fayetteville
from time to time. Greenland will make provision by ordinance for authorized
agents of Fayetteville to enter any and all properties for inspection where the
possibility of violation of said plumbing ordinances, rules and regulations may
exist.
(D) It is understood Greenland may issue its own Plumbing Permits and do its own
inspections at such time as they develop the staff and capabilities to do so.
7. OWNERSHIP OF SYSTEM: It is understood that the Greenland System, including
all sewers, the sewage lift station, force mains, and appurtenances thereto are the property of the
City of Greenland.
8. OPERATION AND MAINTENANCE: Fayetteville shall operate and maintain all
of the existing Greenland System and all facilities which may be constructed and become a part of
the Greenland System in the future. Operation and Maintenance shall include:
(A)_Punip Stations; Fayetteville shall provide the maintenance made necessary by the
normal wear and tear encountered by the system. It does not include the
replacement or enlargement of the station made necessary either by the increase in
normal domestic flows or by an increase in the infiltration and inflow within the
Greenland System. Neither does it include repair of extraordinary damages
resulting from Acts of God.
Gravity Sewers and Force Mains: Operation and maintenance of the gravity sewers
and force mains shall mean the demand maintenance required as a result of a
reported gravity sewer or force main blockage, the preventive rodding and cleaning
of gravity sewer mains or force mains, and in-house sewer rehabilitation activities.
In-house sewer rehabilitation shall include smoke testing, televising of lines,
manhole lining and repairs, chemical grouting, point repairs, and line replacements
not exceeding 15 feet. Fayetteville agrees that it shall utilize the same criteria to
determine the extent and degree of in-house sewer rehabilitation to be done within
the Greenland System as we do for the Fayetteville sewerage system.
9. CONSTRUCTION OF NEW FACILITIES: New gravity sewers, force mains, pump
stations, sewerage appurtenances, or enlargement thereof shall be constructed without
cost to Fayetteville. This includes enlarging, replacing, moving, relocating, lowering, or
adjusting to grade of any of the facilities of the system should they become overloaded or
for the purpose of permitting construction of other facilities. To the extent that these or
similar activities are undertaken, they shall be undertaken without cost of Fayetteville.
Also included under this Paragraph are pump station replacements or improvements,
sewer line replacements, construction of relief sewers, force main replacements and
improvements, Sewer System Evaluation Studies intended to define excessive stormwater
infiltration and inflow into the Greenland System, and subsequent construction to
eliminate such excessive infiltration and inflow. All of these activities or projects shall be
accomplished without cost to Fayetteville. The need for a Sewer System Evaluation
Study would be jointly determined by Greenland and Fayetteville.
Fayetteville and Greenland agree that Greenland may add a surcharge to the amounts
normally charged by Fayetteville for sewer services provided under this Contract. The purpose
shall be to provide for the construction of new facilities as defined in this Paragraph, and for
other purposes as may be specified by Greenland. The money collected under this provision
shall be collected by the City of Fayetteville and shall be dispersed to Greenland two times per
year beginning in July of 2018.
Any interest earned on said funds shall go to Fayetteville to compensate for the
administration, audit and payment of said funds.
Plans and specifications for any new construction as described above must be approved
by the Fayetteville City Engineer and the Arkansas State Department of Health prior to the
execution of any construction contract. Pipe size for any facilities shall be in keeping with
prospects for future growth. Pipe and other materials used in such construction shall be in
accordance with the standard construction practices of the Sewer Department of Fayetteville at
the time such work is done. The design and specifications for any sewer facilities shall be in
keeping with acceptable engineering practices at the time of construction. All such construction
shall be planned and supervised by a Registered Professional engineer licensed to practice in the
State of Arkansas. Greenland shall not extend any sewer lines beyond the Greenland City
Limits.
Fayetteville shall be furnished two copies of the "As -Built" plans of all work, with a
certification from the Engineer that all work was constructed in accordance with the approved
plans and specifications. Fayetteville shall have the right to inspect and test the system within a
reasonable time prior to accepting and placing the system into service.
10. EXTENSIONS BY FAYETTEVILLE: Fayetteville shall have the right to make
extensions from Greenland's lines to serve adjacent areas inside or outside the present limits of
Fayetteville so long as Fayetteville does not serve customers in the present limits of Greenland. The cost
of replacement or enlargement of Greenland's lines of pumping facilities required by loads imposed by
Fayetteville shall be borne by Fayetteville.
11. EASEMENTS: When easements are necessary in connection with maintenance and/or
construction activities provided for in this Contract, those easements shall be acquired by and at the
expense of Greenland. The easements shall be of adequate width for construction, installation and
maintenance of lines and appurtenances. Fayetteville shall be afforded the right to full use of such
easement. The form of such easements, together with the provisions contained therein, shall be the same
as used by Fayetteville at the time such easements are obtained. All such easements, whether acquired by
condemnation proceedings or otherwise, shall be obtained without cost to Fayetteville.
12. ORDINANCES AND REGULATIONS TO FACILITATE PERFORMANCE OF
CONTRACT: Greenland and Fayetteville will enact, adopt or execute ordinances, motions, resolutions,
rules, regulations or supplemental agreements which may be necessary to carry out the terms of this
agreement. All ordinances required to be enacted by Greenland under this contract shall be enacted
within 90 days of the contract execution date unless specifically stated otherwise in the contract.
13. PROSECUTION FOR TAMPERING: Greenland agrees to enact and enforce an
ordinance or ordinances with provisions substantially as follows:
"It shall be unlawful for any person other than a person authorized by the Water
and Wastewater Director of the City of Fayetteville, Arkansas, to make
connection with the sewer collection system in this City or to tamper with any
manhole or any appurtenance to the sewer collection system in this City. Nothing
in this ordinance shall be so constructed as to prevent any person when acting
under the authority of the Director of the Water and Wastewater Department of
the City of Fayetteville, Arkansas, from changing, altering or otherwise working
with any portion of the sewer system located in this city."
That violation of said ordinance or ordinances shall be prosecuted within the fullest limits
of the law. Greenland agrees that it will prosecute all offenders.
14. INDUSTRIAL PRETREATMENT:
a) Greenland Ordinance. Greenland agrees to adopt or to maintain the
effectiveness of its sewer use ordinance which is no less stringent and is as broad in scope
as the sewer use ordinance as adopted by Fayetteville. Whenever Fayetteville amends its
sewer use ordinance, it will forward a copy of such amendment within 30 business days
of enactment thereof. Greenland will enact amendments at least as stringent of those
adopted by Fayetteville within 30 business days of receipt thereof. The Parties will
periodically review their respective sewer use ordinance and jointly draft and adopt
amendments (which are equivalent in scope and stringency) to their respective sewer use
ordinance when deemed necessary for the effective administration and operation of the
pretreatment program. This review will be conducted no less than once every 2 years.
However, either party may request a joint review whenever such party believes that a
review is necessary.
A request for such joint review must be forwarded by the requesting party to the
other party, stating the reason for the request and the date on which the review is
requested to take place. Within 10 days of receipt of the request, the receiving party must
respond to the request stating that the proposed date is satisfactory or proposing an
alternate date(s) for the review. In any case, the joint review will take place within 30
business days of the request.
b) Local Limits: Greenland will adopt and diligently enforce local limits
which address at least the same pollutant parameters and are at least as stringent as the
local limits enacted by Fayetteville. If any revisions or additions are made to
Fayetteville's local limits, Fayetteville will forward to Greenland a copy of any such
revisions or additions to the local limits within 10 business days of enactment thereof.
Greenland agrees to adopt any revisions or additions made to Fayetteville's local limits
within 30 business days.
C) Implementation of Greenland Ordinance: Greenland designates
Fayetteville as the agent of Greenland for the purposes of implementation and
enforcement of Greenland's sewer use ordinance against users connected to the
Greenland System.
Fayetteville, on behalf of and as an agent for Greenland will perform technical
and administrative duties necessary to implement and enforce Greenland's sewer use
ordinance. Fayetteville will: (1) update the industrial waste survey; (2) issue permits to
all users required to obtain a permit; (3) conduct inspections, sampling, and analysis; (4)
take all appropriate enforcement action as outlined in the enforcement response plan; and
(5) perform any other technical or administrative duties the parties to this agreement
deem appropriate.
Fayetteville may, as an agent of Greenland, take emergency action to stop or
prevent any discharge which presents or may present an imminent danger to the health or
welfare of humans, which reasonably appears to threaten the environment, or which
threatens to cause interference, pass through, or sludge contamination.
d) Pretreatment Program `� Costs: Fayetteville will be responsible for all costs
(including labor, equipment, attorney's fees, etc.) incurred in implementing and enforcing
Greenland's sewer use ordinance on behalf of Greenland. In the event of a lawsuit
relating to the implementation or enforcement of the pretreatment program in Greenland,
the City of Fayetteville shall be responsible for the defense of its interest only. The City
of Greenland will be responsible for attorneys and other professional expertise that may
be required to defend its interest.
Nothing in this paragraph should be construed to mean that Fayetteville will not
work with Greenland in every way possible in the event of a lawsuit, nor does it prohibit
the combining of legal forces by Fayetteville and Greenland in the defense of a lawsuit as
long as the cost sharing of such a defense of a lawsuit is agreed upon beforehand.
C) Outside Greenland Dischargers: No industrial user outside the limits of
the City of Greenland shall be allowed to tie on to the Greenland System.
f) Mediation of Disputes: Any disputes arising out of this Contract
concerning pretreatment issues should be submitted to mediation if the parties cannot
timely resolve any dispute themselves. Both parties retain all of their normal rights to
seek judicial relief.
g) Review of Pretrea(ment Agreement: The portion of this Contract dealing
with industrial pretreatment will be reviewed and revised to ensure compliance with the
Federal Clean Water Act (42 U.S.C. para. 1251 et seq.) and all rules and regulations (see
40 CFR Part 403) issued thereunder as necessary, but at least every (2) years.
15. LIABILITY: Fayetteville shall not be responsible for damages resulting from
acts of God, acts of war, insurrections or rebellions, acts of a public enemy, acts of any
unauthorized persons, firms or corporations, or acts of Greenland or its agents or employees.
16. TAXES PROHIBITED: Greenland will not during the period of this contract or
any renewal thereof levy any franchise tax, occupation tax, or any other tax of any form
whatsoever, by whatever name it may be called, upon Fayetteville or the services rendered
pursuant to this contract without consent of all the parties.
17. TERMINATION OF CONTRACT: This agreement may be terminated by either
party upon breach by the other of any of the covenants or agreements contained herein, and the
failure of the party in breach to remedy such breach, within six (6) months after receipt of written
notice of the existence of such breach.
18. OPTION TO RENEW CONTRACT: Greenland shall have the option to renew
this contract upon the same terms and conditions contained herein for an additional period of
fifteen (15) years by giving proper written notice to the Mayor of Fayetteville of its intent to
renew no later than December 31, 2031.
19. NOTICES: The written notices provided for herein shall be sufficient if hand
delivered or sent by certified mail, return receipt requested, postage prepaid, to the Mayor of the
City of Fayetteville, Arkansas, or the Mayor of the City of Greenland, Arkansas at their
respective official City Hall addresses.
20. SEVERABILITY: Should any term of this Agreement be held null and void or
rescinded by a court of competent jurisdiction, the remaining terms of this Agreement will be
unaffected and enforceable.
IN WITNESS WHEREOF, Fayetteville and Greenland have executed this
Contract by their respective Mayors and have caused their seals to be hereunto
affixed and same attested to by the City Clerk and/or City Recorder, having been
authorized to do so by appropriate resolution of their respective City Councils.
ATTEST:
Sondra Smith, City Clerk
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Date signed: AZ —�1. C •��'v� jQ'�` •':�''.
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CITY OF GEENLAIVD
Bill om, Mayor
ATTEST: _ 0
Nepnte Sharp,
Recorder/Treasurer
Date signed: 1 a 13/ 1
RESOLUTION 12-11-2017 C.,
A RESOLUTION TO APPROVE A NEW FIFTEEN YEAR SEWER
CONTRACT 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 invested considerable time and
money in working toward a transfer to Fayetteville of the entire Greenland sewer system;
WHEREAS, two year extensions were previously approved by Resolutions 01-12-2009
F, 12-09-2010 A, 11-12-2012 A and 02-08-2016 B with the most recent extension scheduled to
expire 12-31-2017; and,
WHEREAS, currently such transfer of the Greenland wastewater system is no longer
being discussed and therefore, the two municipalities desire to enter into a new fifteen (15) year
contract to supersede the 1993 contract.
BE IT THEREFORE RESOLVED BY THE CITY COUNCIL OF GREENLAND,
ARKANSAS, That
Section 1: That the fifteen (15) year Fayetteville and Greenland Sewer Contract of
2017, attached hereto, which expires 12-31-2032, with an option to renew for another fifteen
(15) year period, should be and hereby is approved.
Section 2: The Mayor and Recorder -Treasurer are hereby authorized and directed to
execute the attached contract and to exchange executed copies of same with the City of
Fayetteville.
PASSED AND APPROVED this I day of December, 207.
BILL GR -60M, Mayor
STEPII IE SI-IARP, RecorderlTi surer
cog Greenland and Fay Sewer Contract 113017