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14305M M M 414 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 - 2 - 415 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 417 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 - 2 - • 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 - 3 - 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: - 4 - .: 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 420 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 Noon M i : M M M � i M � M 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 - 2 - 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 - 3 - 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. 424 (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. - 2 -