107410 0
1 RESOLUTION NO. 10, 141
PA
3 A RESOLUTION TO APPROVE THE EXTENSION OF
4 RESIDENTIAL WATER SERVICE TO MARGO LANE
s RESIDENTS IN BOTH PULASKI AND SALINE
6 COUNTIES; TO SET A TIME FOR ACCEPTANCE OF
7 THIS SERVICE; AND FOR OTHER PURPOSES. 74 4
8
9 WHEREAS, Section 3 of Little Rock, Ark., Resolution No. 7893 (February 2,
10 1988) ( "LRR 7893 ") prohibits water main extensions, or individual water tie -ons,
11 without the approval of the Little Rock Board of Directors, and
12 WHEREAS, Little Rock, Ark., Rev. Code § 35 -27 (b) (1988) ( "LRC § 35- 27[b]),
13 states that no contract for the extraterritorial extension of water is valid unless the Board
14 of Directors has adopted a resolution to permit such extension, and
is WHEREAS, the Arkansas Supreme Court has upheld the City Board of
16 Directors' authority to limit any such extension, and
17 WHEREAS, the Board has on occasion permitted extraterritorial extensions in
18 situations in which water wells have failed and there is a serious public health crisis in
19 place, and
20 WHEREAS, the residents and property owners of Margo Lane have petitioned
21 the Board to permit an extension of an existing City water main a few yards in order to
22 provide pure drinking water to a community with low water levels in wells, and
23 WHEREAS, the Little Rock Water Commission has reviewed the petition and
24 determined that there is sufficient capacity to serve this area,
25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
26 DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
27 Section 1. The Board of Directors agrees to permit the Little Rock Water
28 Commission extend a residential main to serve the residents of the Margo Lane
I
-1-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 0
residential area pursuant to a petition filed on October 28, 1999, with the City of Little
Rock, Arkansas, and pursuant to the estimates provided to the City from the Little Rock
Municipal Water Works on November 5, 1999, provided the residents pay, or arrange
for the payment of, all costs associated with the extension of a twelve -inch residential
water main. 745
Section 2. This right of extension will expire on December 31, 2001, unless
otherwise extended by the City Board of Directors, if the residents and property owners
in Margo Lane, referred to in Section 1, have not exercised their right to this extension
and arranged for the payment of all associated costs.
Section 3. This right of extension is based upon a serious public health need,
and in no way represents a departure of previous City policies on the extraterritorial
extension of water services as set forth in LRR 7893 and LRC § 35- 27(b), and other
resolutions and policy statements; further, in no event shall this right of extension be
expanded to include any further residential or commercial development in the area
without the express authority of the City Board of Directors as expressed in an
appropriate resolution.
ADOPTED: December 20:; 1999
ATTEST:
Robbie Hancock, City Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, CHY Attorney
I'40
APPROVED:
A
Ji ailey, Mayor