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ORDINANCE NO. 14,305
AN ORDINANCE APPROVING A CONTRACT BETWEEN
THE CITY OF LITTLE ROCK AND THE CITY OF
CAMMACK VILLAGE TO ACQUIRE THE SEWAGE
COLLECTION SYSTEM OF CAMMACK VILLAGE;
DECLARING AN EMERGENCY.
WHEREAS, the City of Little Rock, Arkansas owns and
operates a Wastewater Utility (the "Utility ") and for many
years the Utility's sewage facilities have been connected
to the sewage collection system owned and operated by the
City of Cammack Village, which has been served by the Utility;
and
WHEREAS, the City of Little Rock and the City of
Cammack Village both desire to enter into a contract whereby
the City of Little Rock shall acquire the sewage collection
system of the City of Cammack Village upon certain terms
and conditions specified in the contract, a copy of which is
attached hereto; and
WHEREAS, the provisions of Ark. Stat. Ann. §19 -4101
require approval by ordinance of the respective contracting
parties and the Sanitary Sewer Committee of the City of Little
Rock has recommended approval of the contract for the operation
and service of the sewage collection system of the City of
Cammack Village,
NOW, THEREFORE, BE IT ORDAINED by the Board of Directors
of the City of Little Rock, Arkansas:
Section 1. That the contract between the City of
Little Rock and the City of Cammack Village for the City of
Little Rock, by its Sanitary Sewer Committee, to acquire the
sewage collection system (the "works ") of Cammack Village,
subject to the terms of the contract, a copy of which is
attached hereto, is hereby approved.
Section 2. That the works to be acquired consist of
a An
all sewer pipes, manholes, covers thereto, easements and
rights of way together with all appurtenances thereto located
within the corporate city limits of Cammack Village which is
situated in the Northeast 1/4 of Section 25, Township 2 North,
Range 13 West, Pulaski County, Arkansas, said sewer facilities
being defined as those pipes or conduits having a diameter of
six (6) inches or larger normally equipped with manholes
located in rights of way or easements,-together with all
appurtenances thereto, excluding, however, any storm water
facilities; that there will be no cost for the acquisition
of the works, except any expenses relating to maintaining and
providing service subject to the terms of the contract, a
copy of which is attached to this ordinance, identified as
Exhibit "A" and incorporated by reference herein; that the
terms of the acquisition of the works will hereafter be fixed
by the Sanitary Sewer Committee; and that no revenue bonds will
be necessary for this acquisition.
Section 3. That since the contract approved by this
Ordinance is of great importance to the health and welfare
of the citizens of Little Rock, an emergency is hereby
declared to exist and this Ordinance shall be in ,full force
and effect from and after its passage and approval.
PASSED: September 7 1982.
Mayor
ATTEST:
ity C
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AGREEMENT
THIS AGREEMENT made on
, 1980,
by and between the City of Cammack Village, Arkansas ( "Cammack
Village ") and the Sanitary Sewer Committee of Little Rock,
k
Arkansas, (the "Sewer Committee ");
Whereas, Cammack Village is the owner of certain
416
public sewer facilities consisting of pipes six inches or
larger in diameter, manholes, with covers, and easements
or rights of way in which the sewer facilities are installed
and Cammack Village has operated and maintained said
facilities up to the present time, but now desires to
assign all of its right, title or interest in and to said
sewer facilities, together with easements and rights of way
and all appurtenances thereto, unto the City of Little Rock,
Arkansas for the use and benefit of the Sanitary Sewer
Committee in consideration of the Sewer Committee's acceptance
of said sewer facilities, easements and rights of way and
further agreement to operate and maintain said sewer facilities,
easements and rights of way excluding any storm water
facilities; and
Whereas, the Sewer Committee desires to accept the
assignment by Cammack Village of all
interest in and to said sewer facili
rights of way which it is understood
storm water facilities of any nature
and maintain said facilities subject
contained herein;
of its right, title or
ties, easements and
does not include any
whatsoever and operate
to the terms and conditions
Now, therefore, in consideration of the mutual
benefits to be derived it is hereby agreed by and between the
parties:
1. Assignment by Cammack Village to the Sewer
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Committee of all Sewer Facilities, Easements and Rights of Way.
Cammack Village agrees to assign by separate assignment unto
the City of Little Rock for the use and benefit of the Sanitary
Sewer Committee all of its right, title and interest in and
to all sewer pipes, manholes, covers thereto, easements and
rights of way together with all appurtenances thereto situated
within its corporate city limits in Pulaski County, Arkansas,
including but not limited to those easements and such facilities
located therein in which the City of Cammack Village has any
right, title or interest, as more particularly described and
referred-to in Exhibit "A" attached hereto and incorporated by
reference herein, said sewer facilities being defined as those
pipes or conduits having a'diameter of six (6) inches or
larger normally equipped with manholes located in rights of
way or easements together with all appurtenances thereto,
excluding however, any storm water facilities which it is hereby
understood are not included as part of the facilities herein
to be assigned, and any storm water facilities shall remain the
property of the City of Cammack Village.
2. Acceptance of Assignment by Sewer Committee and
Agreement to operate Facilities. The sewer committee by its
duly authoried undersigned Chairman agrees to accept the assign-
ment of the sewer pipes, manholes, covers thereto, easements
and rights of way, together with all appurtenances thereto,
more particularly described in Exhibit "A ", subject to the terms
and conditions contained herein and further covenants to operate
and maintain said facilities in good repair for the purpose
of continuing the sewer service to the existing customers
residing within the city limits of Cammack Village; provided,
however, that no sewer with an internal diameter of less
than six (6) inches shall be considered a public sewer, or
otherwise be maintained by the City of Little Rock, and the
"point of service" for maintenance responsibility assumption
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•
by the City of Little Rock shall be the wye connection or
other means of connecting the building sewer to the public
sewer.
3. Application of City of Little Rock Sewer Ordinances.
The provisions of all existing and future ordinances enacted
by the City of Little Rock relating to the operation and
maintainance of sewers shall apply to the operation and
maintenance of the sewer facilities assigned herein and
described in Exhibit "A" attached hereto and the provisions
of these ordinances shall be binding on the parties hereto,
including the rates as may be from time to time specified.
4. Sewer Service Charges and Collections. All
charges for sewer service on the facilities assigned herein
described on Exhibit "A" shall be included on the water
bills for the City of Little Rock Municipal Water Works and
collections thereof shall be effected pursuant to the
existing applicable City of Little Rock sewer ordinances and
the applicable statutes of the State of Arkansas.
5. Extension of Service from Existing Sewer Lines.
The Sewer Committee shall not be obligated for and assumes no
liability for the extension of service to any facility or
property within the City of Cammack Village not presently
served as of the date of this Assignment and anyone desiring
an extension of service for the existing facilities shall
bear the full cost thereof, including all costs of any
nature whatsoever involved in effecting such extension or
making available such service and any connection fees set
by the Committee. The extension of service shall be in
accordance with the rules and regulations of the Sewer
Committee and subject to its approval at the time of the
extension of service.
6. Title and Maintenance Responsibility for
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Building Sewer. Title to and maintainance responsibility
for any building sewer connecting each customer's public
facilities to the public sewer line to be assigned herein
shall remain with the respective property owner, even though
a portion of the building sewer may be installed in the
public right of way or easement; and the Sewer Committee
shall have no liability or responsibility for the operation
or maintainance of said building sewer.
DATED this day of 1980."
City of Little Rock for the use and
benefit of the Sanitary Sewer Committee
By:
Chairman
ATTEST:
City of Cammack Village, Arkansas
By:
ATTEST:
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.:
ASSIGNMENT
This Assignment made on
, 1930,
by the City of Cammack Village ( "Cammack Village ") and
accepted by the Sanitary Sewer Committee of Little Rock on
behalf of the City of Little Rock, Arkansas (the "Sewer
Committee ");
1q1-E_-RE-AS, Cammack Village is the owner of certain
public sewer facilities consisting of pipes six inches or
larger in diameter, manholes, with covers and easements or
rights of way in which the sewer facilities are installed;
and
b1- EREAS, Cammack Village has entered into an agreement
with the Sewer Committee dated
whereby
Cammac }: Village has agreed to assign all of its right, title
and interest in and to all such sewer pipes, manholes, covers
thereto, easements and rights of way together with all
appurtenances thereto situated within its corporate city
limits in- Pulaski County, including but not limited to those
easements and such facilities located therein in which the
City of Village has any right, title or interest, as
more particularly describes and referred to in Exhibit "A"
attached to said agreement, subject to the terms thereof; and
tiFEREAS, the Sewer Committee desires to accept this
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assignment subject to the terms and conditions of the,acreeme:,t,
the same being incorporated by reference as if set forth
herein word for word;
idOW, THEREFORE, in consideration of the mutual benefits
to be derived,
WITNESSETH:
For a valuable consideration, the receipt of which is
hereby acknowledged, Cammack Village does hereby sell, assign
Exhibit "A" to Agreement
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421
and set over to the City of Little Rock, by its Sanitary
Sewer Committee, all of its right, title and interest in and
to all public sewer facilities consisting of pipes six inches
or larger in diameter, manholes, with covers, and easements
or rights of way in which the sewer facilities are installed
V
situated within the City of Cammack Village, Arkansas,
including but not limited to all of those easements and such
facilities described herein located in those easements in
which Cammack Village has any right, title or interest more
particularly described in Exhibit "1" attached hereto, the
same being incorporated by reference herein, said sewer
facilities being defined as those pipes or conduits having
a diameter of six (6) inches or larger normally ecuipped with
manholes located in rights of way or easements. together with
all appurtenances thereto.
It is expressly understood by the parties hereto that
it is the purpose of this assicnment to assign all right,
title and interest of Cammack Village to anv sewer easements
located within Ca:amacl, Village in favor of the City of Little
Rock, and this assignment shall be deemed to accomplish that
purpose notk +'it- standing the omission of any reference to any
specific sewer easement which presently exists and is
not specifically described in this assignment; and it is
further understood that it is the intention of this assignment
not to include any storm water facilities welch shall remain
the property of the City of Cammack Village, and no sewer with
an internal diameter of less than six (6) inches shall be
considered a public sewer or otherwise be maintained by the
City of Little Rock and the "point of service" for maintenance
responsibility assumption by the City of Little Rock shall be
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the wye connection or other means of connecting the 422
buildina sewer to the public sewer.
DATED this day of 1980.
ATTEST:
ATTEST:
CITY OF CAM141ACK VILLAGE, ARKANSAS
By( -�
t✓iayor
CITY OF LITTLE ROCK, ARKANSAS
By:
Chairiran, Sewer Committee of
Little Rock, Arkansas
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EXHIBIT 1 423
Any and all right, title or interest in and to any sewer
easements existing in favor of the Citv of Cammack Village
and located within the corporate limits of Cammack Village,
Arkansas, situated in the Northeast 1/4 of Section 25,
Township 2 North, Range 13 West, Pulaski County, Arkansas
created by virtue of the provisions of:
Bill of Assurance for Cammack woods Subdivision,
Pulaski County, Arkansas, dated February 19, 1942,
recorded in Book 287, page 75, Supplementary Bill
of Assurance dated I.lay 12, 1942, recorded in Book 289,
pace 57, as shown in Plat Book 4, pages 43 through 46.
Amendment dated June 1, 1942, recorded in Book 289,
page 95, Supplemental Bill of Assurance dated
December 12, 1944, recorded in Book 309, paoe 279
and all other amendments, supplements, or modifi-
cations including but not limited to as shown on
Plat Book 5, pace 9.
Bill of Assurance for Palisades Estates Subdivision
of Cammack Villace, dated March 4, 1944, recorded in
Book 303, pace 144, as shown in Plat Book 4, page 61,
and all amendments, supplements or modifications
thereto.
Pinnacle Point, an addition to the Town of Cammack
Village, dated November 5, 1945, as recorded in
Book 313, Pace 614, as shown on plat in Plat Book
4, pace 82, and all supplements, amendments or
-codifications thereof including as shown in Plat
Book 4, page 129 and Plat Book 5, cage 9.
A!? D
A11 sewer easements executed in favor of either Cammack hoods
Sewer District No. 58, for which the City of Cammack Villace
assumed responsibility by its Ordinance No. 55 -2, dated
Feburary 1, 1955.
AND
All sewer easements executed in favor of Cammack Village
municipal Sewer Improvement District No. 2, or in which Cammack
Village has any right, title or interest including but not
limited to the following situated in Pulaski Point Addition
to the City of Cairomack Village executed in favor of Cammack
Village Municipal Sewer Improvement District No. 2, as
follows:
(1) Gus Blass, et ux., recorded October 23, 1973,
Book 1267, pace 645, East 1/2 of Lot G.
(2) Dan Chisholm, et ux., recorded October 23, 1973,
Book 1267, page 648, West 1/2 of Lot G.
(3) Alton Raney; et ux., recorded October 23, 1973,
Book 1268, pace 2, Lot 9.
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(4) Maxwell Lyons, et ux., recorded October 23, 1973,
Book 1268, page 4, Lot 8.
(5) Frank Thurmond, et ux., recorded October 23, 1973,
Book 1268, page 11, _Lot 7.
(6) John Smith, et ux., recorded October 23, 1973,
Book 1268, pace 14, Lot 6.
(7) Frank Lyon, et ux., recorded October 23, 1973,
Book 1268, page 17, Lot 5.
(8) George Davis, et ux., recorded October 23, 1973,
Book 1268,pace 20, Lot 4.
(9) Sol Almin, et ux., recorded October 23, 1973,
Book 1268, page 25, Lot 2.
(10) Arthur E. McLean, Jr., recorded October 23, 1973,
Book 1268, pace 28, Lot'3.
AND
certain sewer easement executed in favor of Cammack Villace
Municipal Sewer Improvement District No. 2 by Jackson T.
Stephens, dated March 12, 1974 recorded in Book 1284, pace 371,
traversinc a portion of both Palisades Estates Subdivision
and Pinnacle Point Subdivision, both additions to the City of
Cammack Village.
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