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9709M RESOLUTION NO. 9,709 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS AUTHORIZING ADDITIONAL METERS AND CONNECTIONS FOR THE EXTENSION OF SEWER SERVICE TO PART OF SHANNON HILLS PURSUANT TO THE TERMS OF A CERTAIN CONTRACT DATED SEPTEMBER 22, 1995 PERMITTING ONLY ONE METER AND CONNECTION TO THE LITTLE ROCK SEWER SYSTEM. WHEREAS, on September 22, 1995, the City of Little Rock, the Little Rock Sanitary Sewer Committee, (both referred to as "Little Rock ") entered into a contract ( 111995 Contract ") with the City of Shannon Hills ( "Shannon Hills ") for the extension of sewer service by Little Rock to Shannon Hills and sewer service was extended to Shannon Hills on March 10, 1996, in accordance with the provisions of the 1995 contract; and, WHEREAS, since the execution of the 1995 contract and the connection of sewer service by Shannon Hills on March 10, 1996, a proposal by Hope Engineers, Inc. on behalf of the current owner was made to develop certain land located in the City of Shannon Hills, as shown on Exhibit "A" attached hereto, and it is necessary to make additional sewer connections to the Little Rock Sewer system to serve property within the city limits of Shannon Hills and to install a separate wastewater discharge flow measuring meter in addition to the existing wastewater discharge flow measuring meter previously authorized by the 1995 contract and installed for the sewer connection made by Shannon Hills to the City of Little Rock sewer system on March 10, 1996, because the topography of the land to be developed within the city limits of Shannon Hills would require a pump station for sewer service to the existing meter if the existing connection and meter were used for the proposed new development, and also the existing sewer lines in the developed portion of Shannon Hills are otherwise inadequate to accommodate the connection with any sewer facilities to be constructed on the land to be developed shown on Exhibit "A"; and, WHEREAS, the 1995 contract in Paragraph No. 2 provides for the installation of only one (1) wastewater discharge flow measuring meter in order to extend sewer service to Shannon Hills and it is necessary to make other connections in order to serve 351 352 property within the city limits of Shannon Hills in accordance with the 1995 contract and to install an additional wastewater discharge flow measuring meter to the proposed development within the city limits of Shannon Hills, and it may be necessary to install other meters to accommodate future sewer service needs within the city limits of Shannon Hills pursuant to the 1995 contract; and, WHEREAS, Shannon Hills, Little Rock, and Hope Engineers, Inc., authorized representative of the owner of the land shown on Exhibit "A ", desire that the additional wastewater discharge flow measuring meter should be installed to extend service to this development within the city limits of Shannon Hills subject to the terms and provisions of the 1995 contract and, it is necessary and appropriate to authorize the Sewer Committee and the Manager of the Little Rock Wastewater Utility to agree to an additional connection to the Little Rock sewer system in order to provide sewer service to Shannon Hills, as well as the installation of the necessary wastewater discharge flow meter for this new development, and also any, other sewer connection or meter which may be necessary to provide sewer service needs within the city boundary of Shannon Hills in the future, all to be installed and subject otherwise to the provisions of the 1995 contract and the prior approval by resolution of all of the parties to the 1995 contract; and WHEREAS, the City of Little Rock Board of Directors desire to authorize the sewer connection and installation of this additional wastewater discharge flow measuring meter for service to the land in Shannon Hills shown in Exhibit "A ", in addition to any others which might be required in the future in order to adequately and efficiently serve the persons within the city limits of Shannon Hills according to the provisions of the 1995 contract. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors, City of Little Rock that: 1. The Little Rock Sanitary Sewer Committee acting by and through its duly authorized representative, the Little Rock Wastewater Utility Manager, is hereby authorized to permit such sewer connections referred to herein to the Little Rock sewer system as may be necessary to provide sewer service to land within the city limits of Shannon Hills pursuant to the 1995 2 0 0 contract, and to install wastewater discharge flow measuring meters in addition to the existing meter installed presently in 353 operation since March 10, 1996, and authorized pursuant to the 1995 contract in order to more efficiently and effectively serve the sewer customers and residents situated within the city limits of Shannon Hills, including but not limited to those residents who shall reside in the area proposed to be developed identified on Exhibit "A" attached hereto. 2. Any sewer connection to lands in Shannon Hills, as well as the installation and operation of any wastewater discharge flow meter installed by virtue of the authority herein granted and all sewer service in connection thereto shall be subject and in accordance with the provisions contained in the 1995 contract which shall remain in full force and effect in accordance with its terms and conditions. 3. The Mayor of the City of Little Rock is further authorized on behalf of the City of Little Rock to execute any documents necessary as a consequence of this Resolution authorizing additional waste discharge flow meters for service to the City of Shannon Hills pursuant to the 1995 contract, including but not limited to an amendment or supplementary contract to the 1995 contract for that purpose if necessary. 4. This resolution shall be effective immediately upon its adoption and shall remain in full force and effect for the entire duration of the 1995 contract, including any extension thereof. ADOPTED this 21st day of r4av , 1996. LEST: -' ROBBIE HANCOCK CITY CLERK APPR ED AS TO FORM: L THOMAS M. CARPE ER CITY ATTORNEY JIM DAjJEY MAYOR. 3 We W t7 �.r may" • f ��.r •y'. � . fro,` ^• . �� � y ; f.a. -- 0 ' wmpi. EXHIBIT uA°° S &ems ^ i City Limits of Shannon Hills Area to be develo e by Hope Engineers, IRproposed