15307 1 RESOLUTION NO. 15,307
2
3 A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO EXECUTE
4 A SPECIAL SEWER USE AGREEMENT WITH LITTLE ROCK QUICK
5 RICE,LLC; AND FOR OTHER PURPOSES.
6
7 WHEREAS,Little Rock Quick Rice,LLC("LRQR")is a joint venture between SAGE V Foods,LLC,
8 and Best Rice, LLC, two (2) Arkansas limited liability companies. LRQR currently operates a Rice
9 Processing Plant located at 5901 Sloane Drive in Little Rock,Arkansas, 72206("LRQR Plant");and,
10 WHEREAS, the LRQR Plant discharges process wastewater into publicly-owned treatment works
11 ("POTW") operated by the Little Rock Water Reclamation Authority ("LRWRA") under the terms of a
12 Special Industrial Sewer User Agreement between SAGE V Foods,LLC and the City of Little Rock,dated
13 on or about February 23, 2015 ("2015 Agreement"),and under the terms of LRWRA Industrial Discharge
14 Permit No. S-98; and,
15 WHEREAS,pursuant to a 2010 Agreement between SAGE V Foods,LLC,and the City of Little Rock,
16 SAGE V constructed and subsequently dedicated to LRWRA for public use, a force main that allows for
17 High-Strength Waste (HSW) Process Wastewater from the LRQR Plant to be transported directly to an
18 equalization basin located at the Fourche Creek Water Reclamation Facility("WRF");and,
19 WHEREAS, the HSW Process Wastewater from the LRQR Plant has impaired the proper function
20 of the equalization ("EQ")basin at Fourche Creek WRF and LRWRA is at risk of permit violations if the
21 EQ basin continues to operate in its current manner and capacity; and,
22 WHEREAS, if LRWRA is to continue to accept LRQR HSW Process Wastewater into the EQ basin,
23 it must be rehabilitated; and,
24 WHEREAS, LRWRA and LRQR agree to undertake construction and financing of rehabilitation of
25 the EQ basin; and,
26 WHEREAS,Little Rock ordinances establish sewer rates for extra-strength surcharges from industrial
27 wastewater discharges to POTW operated by LRWRA; and,
28 WHEREAS,a 2015 Agreement between the City of Little Rock and LRQR established special sewer
29 rates and limits on the strength and flow applicable to direct discharges of HSW Process Wastewater
30 through LRQR's process wastewater lift station to the EQ basin at Fourche Creek WRF; and,
31 WHEREAS,the 2015 Agreement will expire on September 23,2020,and the parties desire to establish
32 a new five(5)-year Agreement; and,
33 WHEREAS,the parties wish to establish mutually acceptable terms and conditions, including but not
34 limited to,the construction and financing for rehabilitation of the EQ basin, and limits on the strength and
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1 rate of flow of the HSW Process Wastewater discharge from the LRQR Plant that are necessary to protect
2 the Fourche Creek WRF and justify the application of special sewer use rates; and,
3 WHEREAS,this Agreement will not adversely affect the fair and reasonable rate structure applicable
4 to all LRWRA customers; and,
5 WHEREAS, the Little Rock Water Reclamation Commission has recommended approval of this
6 Agreement.
7 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
8 OF LITTLE ROCK,THAT:
9 Section 1. The City Manager is authorized to enter into an agreement with Little Rock Quick Rice,
10 LLC, to establish special sewer rates and limits on the strength and flow applicable to direct discharges of
11 High-Strength Waste Process Wastewater through Little Rock Quick Rice, LLC's, process wastewater lift
12 station to the equalization basin at the Fourche Creek Water Reclamation Facility.
13 Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
14 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or
15 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and
16 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the
17 resolution.
18 Section 3. Repealer. All laws,ordinances, resolutions, or parts of the same,that are inconsistent with
19 the provisions of this resolution, are hereby repealed to the extent of such inconsistency.
20 ADOPTE I. October 6 2020
21APPROVED:
22
23 ill
�1�;S_
24 Susa :ley, ity Clerk Frank Scott, ayor
25 APP' 1 I A"O LEGAL FORM:
26 /' ' /
28 Thomas M. Carpenter,City Attor q
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