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15614615 ORDINANCE NO. 15,614 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF LITTLE ROCK AND THE CITY OF SHANNON HILLS AND SHANNON HILLS WATER, SEWER AND FIRE PROTECTION IMPROVEMENT DISTRICT NO. 3 FOR THE TREATMENT OF SEWAGE WHEREAS, the City of Little Rock, Arkansas owns a sewage disposal works and operates said work through the Little Rock Sanitary Sewer Committee ("the Sewer Committee ") and the Little Rock Wastewater Utility (the "Utility ") and the City of Little Rock is authorized to contract with another city or political subdivision to provide sewage treatment for that entity to the extent of the capacity of the sewage disposal works without impairing the usefulness of said works to the owners upon such terms and conditions as may be fixed by the Sewer Committee and approved by ordinance of the respecting contracting parties; and WHEREAS, the Shannon Hills Water, Sewer and Fire Protection Improvement District No. 3 ( "S.I.D. No. 3 ") owns and operates a certain sewage collection system within the City of Shannon Hills and this system is not adequate or satisfactory to treat the sewage; and WHEREAS, the City of Shannon Hills is the holder of a conditional assignment of S.I.D. No. 3 to transfer all of the property of the improvement district to the City of Shannon Hills after the re- payment of all capital indebtedness of S.I.D. No. 3; and 0" �.7 � � r M M M WHEREAS, it is in the best interest of the City of Shannon Hills and S.I.D. No. 3 (both referred to hereafter as "Shannon Hills ") to enter into an agreement with the City of Little Rock for the treatment of sewage upon such terms and conditions as may be fixed by the Sewer Committee and approved by ordinance of the respective contracting parties; and WHEREAS, the City of Little Rock and Shannon Hills desire to enter into a certain contract pursuant to law for a period not to exceed 15 years and said contract is attached hereto; and WHEREAS, the treatment of sewage in accordance with said contract will not impair the usefulness of the sewage disposal works owned by the City of Little Rock, and the City of Little Rock, by its City Board of Directors, desires to enter into said contract and authorize the Mayor, City Clerk, Sewer Committee and the Manager of the Utility to execute said contract; and WHEREAS, the provisions of A.C.A. §14- 235 -212 require approval by ordinance of the respective contracting parties and the Sewer Committee has recommended approval of the contract for treatment of the sewage in accordance with the provisions of said contract; 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 Shannon Hills for the treatment of the sewage from 0736H -2- 620 r r 621 Shannon Hills by the sewage disposal works owned by the City of Little Rock is hereby approved, subject to the terms of the contract, a copy of which is attached hereto. The Mayor, the City Clerk, the Chairman of the Sewer Committee and the Manager of the Little Rock Wastewater Utility are authorized to execute the contract. SECTION 2. That since the contract approved by this ordinance is of great importance to the health and welfare of the citizens of the City 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: December 20 1988. ayor Lot ie Shackelford ATTEST: C &y Clerk zech 0736H -3- r � r r 621 Shannon Hills by the sewage disposal works owned by the City of Little Rock is hereby approved, subject to the terms of the contract, a copy of which is attached hereto. The Mayor, the City Clerk, the Chairman of the Sewer Committee and the Manager of the Little Rock Wastewater Utility are authorized to execute the contract. SECTION 2. That since the contract approved by this ordinance is of great importance to the health and welfare of the citizens of the City 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: December 20 1988. ayor Lot ie Shackelford ATTEST: C &y Clerk zech 0736H -3- Agreement THIS AGREEMENT made on this _ day of , 1988, by and between the City of Little Rock, Arkansas, the Sanitary Sewer Committee (both hereinafter collectively referred to as "Little Rock "), and the City of Shannon Hills and Shannon Hills Water, Sewer and Fire Protection Improvement District No. 3 (both hereinafter collectively referred to as "Shannon Hills"); WHEREAS, the City of Shannon Hills is the holder of a conditional assignment of the aforesaid improvement district to transfer all of the property of the improvement district to the City of Shannon Hills after the re- payment of all capital indebtedness of the improvement district; and the improvement district may acquire, through improvement loans or bonds, the funds to perform the construction work intended by this agreement and will perform all operational and maintenance duties provided for in this contract until the plant, equipment, lines and other improvements can be transferred capital debt free to the City of Shannon Hills, and both political entities agree, as Shannon Hills, to comply with all of the terms and conditions of this agreement and perform the responsibilities applicable to each under this agreement; and WHEREAS, Shannon Hills desires to connect into the existing sewer system owned by the City of Little Rock, and operated by the City of Little Rock through the Sanitary Sewer Committee and the Little Rock Wastewater Utility (the "Utility "), and also to abandon its existing treatment plant located within the corporate limits of Shannon Hills, as well as to regulate further connections to the Shannon Hills system; and to transfer the service of all of the Shannon Hills sewer system users residing within the corporate limits of the City of Little Rock to the Sewer Committee's system; and, WHEREAS, Little Rock desires to enter into an agreement permitting Shannon Hills to connect with the sewer system of Little Rock, upon certain terms and conditions as herein specifically set forth, and to provide for service for all 622 0736H -2- 623 residents of the City of Little Rock who are presently connected to the Shannon Hills sewer system, and to provide for control of all future temporary service for Little Rock residents; and, when permanent service to the Sewer Committee's system can be provided for the Little Rock resident users, to terminate Shan- non Hills sewer service to the Little Rock residents; and to further limit the extension of sewer services to unincorporated areas of Saline County; NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom by all parties hereto, it is hereby agreed by and between the parties: 1. Connection by Shannon Hills to the Sewer System of the City of Little Rock. Little Rock, as Owner, hereby agrees to permit Shannon Hills, as Lessee, to connect to the sewer system of Little Rock under the terms of this agreement as soon as practical after the necessary ordinances are adopted as referred to herein, including those approving this agreement pursuant to A.C.A. §14- 235 -212 by the governing authorities of the City of Little Rock and Shannon Hills; and Shannon Hills hereby agrees at its expense to make such connection in a manner and at a location as approved by the Manager of the Little Rock Wastewater Utility (the "Manager "), and in accordance with the terms and provisions of this agreement and all applicable laws and regulations. As soon as this connection is completed and approved by the Manager, the treatment plant currently operated by Shannon Hills shall be abandoned and no longer used in the sewer system of Shannon Hills. Shannon Hills shall pay to the Sewer Committee an initial connection fee of $8,000.00 for the present users (approximately 550 users) ; and, thereafter, $100.00 per home user for future tie -ons, and such other connection fees as published in the Sewer Committee's connection fee schedule, effective February 6, 1987, and any amendments made thereto. 2. Wastewater Discharge Flow Measuring Meter. The connec- tion to the Little Rock facilities shall include the furnishing 0736H -2- • , 624 and installation of a wastewater discharge flow meter by Shannon Hills and all expenses in connection therewith shall be borne by Shannon Hills. The meter shall be of a type and installation as approved by the Manager. The function of the meter shall be to measure and record accurately all flows discharged into the Little Rock sewer facilities by Shannon Hills. Little Rock by the Utility further agrees to maintain this meter to insure its reliability and accuracy. 3. Sewer Services, Charges and Collections. (a) Shannon Hills agrees to pay the Utility a monthly sewer service charge and said charge shall be promptly billed after the first day of each month for the services provided by this agreement. The monthly sewer service charge shall be computed from the total flow registered by the Wastewater Discharge Flow Measuring Meter, including all infiltration and inflow, at the rates set by the Little Rock Board of Directors for sewer ser- vice outside the city limits of Little Rock, Arkansas. The monthly statement for the charge shall be based upon flow meter readings conducted by the Utility; however, in the event of flow meter malfunction, the Utility may estimate the reading based upon a comparable preceding period. All charges for sewer service provided to Shannon Hills shall be billed to Shannon Hills and it shall be the responsibility of Shannon Hills to make timely payment of these charges on or before the twentieth (20th) day following the month for which the service is billed. Shannon Hills shall collect from its users all sums which may be due in connection with the service extended. The Sewer Commit- tee for the use and benefit of the City of Little Rock shall have all rights to effect such collection of all sums owed to Little Rock pursuant to Arkansas law, including but not limited to those provisions contained in A.C.A. §14- 235 -223; and Shannon Hills agrees to hold harmless the Sewer Committee for all los- ses, costs and expenses as may be sustained by Little Rock in connection with the payment of such sewer service. If Shannon Hills does not remit payment on or before the twentieth (20th) 0736H -3- 6 2 v day of the month following the month for which the service is billed, a penalty equal to ten percent (10 %) of the total pay- ment amount due shall be added to such payment, and if not paid on or before the twentieth (20th) day of the month in which the statement is submitted, Little Rock may terminate this agreement in accordance with the terms herein. (b) All customers of Shannon Hills who reside within the city limits of Little Rock shall be billed for sewage treatment by Shannon Hills at inside city limits rates as provided in the applicable ordinances of the City of Little Rock, as currently set forth in City of Little Rock Ordinance No. 15,242, amending Ordinance No. 13,982, adopted on February 3, 1987, and as may be amended or adopted in the future. However, Shannon Hills may make any uniform reasonable charge to all of its customers to provide funds to amortize fees charged it by Mabelvale- Alexander Sewer Improvement District 142 ( "S.I.D. No. 142 "), capital debt amortization, infiltration costs, sewer maintenance and opera- tional costs; and as long as the Little Rock customers are charged no more than inside city rates for ,sewer treatment, the uniform charges will not be deemed to contravene this agree- ment. Shannon Hills shall receive a credit each month for service to customers residing inside the city limits of Little Rock. The credit shall be an amount equal to the difference between the amount owed by those customers residing in the city limits of Little Rock as reflected by their individual water meters based on the inside city limit rate, and that portion of the actual charge by the Sewer Committee (as computed from the total flow registered by the discharge flow measuring meter) which is attributable to the service provided by Shannon Hills to those customers inside the city limits of Little Rock. 4. 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 regulation of the construc- tion, operation and maintenance of sewers shall apply to the sewer facilities owned and operated by Shannon Hills and con - 0736H -4- • 0 nected to the sewer facilities owned and operated by the City of Little Rock. The provisions of these ordinances shall be binding on the parties hereto, including the rates as may be from time to time specified; and Shannon Hills covenants that it will at all times comply with said ordinances and further agrees to hold harmless the Sewer Committee from all losses, damages, expenses or liabilities of any nature incurred by the Sewer Committee as a consequence of any acts, omissions or any conduct by any authorized representative or employee of Shannon Hills, its customers or citizens arising out of any violations of said ordinance or any provision of this agreement or relating to the sewer service furnished as a consequence thereof. 5. Future Connections with the Sewer System of Shannon Hills. Shannon Hills agrees not to extend any sewer services to any area outside the incorporated area of Shannon Hills as the boundaries exist on the date when this agreement is executed, unless the governing body of the City of Little Rock has given its prior written approval to do so. Shannon Hills further agrees to limit any future sewer main extensions and sewer connections in any portion of Pulaski County not currently .. served unless Shannon Hills obtains the prior approval in writing by the Sewer Committee; and then only for so long as service is not available from the Sewer Committee for all users now located in the City of Little Rock, including but not limited to Rolling Hills Subdivision, situated in Pulaski County, Arkansas. A map of the City of Shannon Hills showing the current boundaries is attached hereto as Exhibit "A ". 6. Future Extensions of Service. The Sewer Committee shall not be obligated for and assumes no liability for any future extension of service not specifically set forth herein, and no such extension shall be made without the prior written approval of the governing body of the City of Little Rock and the Sewer Committee. This agreement anticipates up to 1,000 Shannon Hills users. In any event, anyone desiring such an extension of ser- vice beyond the existing facilities hereby served shall bear the 0736H -5- Wall 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 Sewer Committee, and S.I.D. No. 142 and Shannon Hills. The further 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. 7. Shannon Hills Comprehensive Development Plan, Zoning Or- dinance and Pre - Treatment Ordinance. Prior to the connection of the sewer system of Shannon Hills with the City of Little Rock, Shannon Hills shall furnish proof of the adoption of a comprehensive development plan and zoning ordinance and a sewage pretreatment ordinance; and said plan and zoning ordinance shall have been submitted to the Director of Comprehensive Planning for the City of Little Rock for his written approval before the sewer connection specified in this agreement with the pretreat- ment ordinance to be approved by the Manager before said con- nection is made. B. Title and Maintenance Responsibility for Sewer Facilities Owned and Operated by Shannon Hills. Title to and maintenance responsibility for any and all sewer facilities of any nature whatsoever located within the incorporated city limits of Shannon Hills, including but not limited to each customer's public facilities to the public sewer line, shall remain with Shannon Hills or its citizens; and Little Rock shall have no liability or responsibility for the operating or maintenance of said sewer system located within the incorporated city limits of Shannon Hills or any future connections as may from time to time be permitted. 9. Term of Agreement. Unless terminated earlier, the term of this agreement shall be for a period of fifteen (15) years from the date hereof at which time it will expire; provided, however, this agreement may be extended by the agreement of the parties hereto upon notice given by either party prior to the end of the term and adoption, thereafter, of approving ordinances 0736H -6- 621 0 0 by the contracting parties hereto. 10. Assignment or Transfer. This agreement and the rights hereunder shall not be assigned or transferred by Shannon Hills, but shall be binding upon the successors of either party. 11. Taxes. Shannon Hills covenants and agrees to pay any and all taxes levied by the United States and the State of Arkansas for the services provided and treatment of sewage pursuant to this contract, and shall comply with all federal, state, county and municipal laws, ordinances, rules and regulations pertaining to the treatment of sewage; and Shannon Hills further agrees to indemnify and hold harmless Little Rock for any loss or damage of nature whatsoever sustained by Little Rock occasioned by the failure to comply with said laws, ordinances, rules and regulations by the employees or authorized representatives of Shannon Hills. 12. Termination. This agreement may be terminated by Little Rock if Shannon Hills fails to comply fully with any of the terms and provisions of this agreement. Termination of this agreement may occur only after actual written notice is given of the nature of the breach. In the event of the termination of this agreement, all obligations of Little Rock to treat the sewage under the agreement shall cease and Shannon Hills shall immediately remove the sewer connection provided herein, it being the intention of the parties hereto that Shannon Hills shall be solely responsible for the treatment of its sewage upon termination of this agreement, failing which Little Rock shall be entitled to recover from Shannon Hills all damages sustained by Little Rock of any nature whatsoever proximately caused by Shannon Hills' violation of any provision(s) of this agreement, including but not limited to Shannon Hills' failure to remove said sewer connection and treat said sewage in the event it fails to do so. 13. Notices. All notices hereunder shall be in writing and shall be deemed to have been duly given when sent by registered or certified mail, postage prepaid, as follows: 0736H -7- 62cs If to Little Rock: Little Rock Wastewater Utility AND City of Little Rock 221 East Capitol Avenue City Hall, 500 W. Markham Little Rock, AR 72202 Little Rock, AR 72201 Attention: Manager Attention: City Manager If to.Shannon Hills: Shannon Hills Water, Sewer AND City of Shannon Hills & Fire Protection District City Hall 10000 High Road Shannon Hills, AR 72103 Shannon Hills, AR 72103 Attention: Mayor Attention: Manager 14. Update of Regulations. Shannon Hills agrees to abide by the rules and regulations published from time to time concerning the treatment of sewage by Little Rock; and all applicable federal, state, county and municipal regulations concerning construction, operating, maintenance, and protection of treatment of sewage pursuant to this agreement. Little Rock shall have the right, if it deems necessary or appropriate, to inspect all individual tie -ons to the Shannon Hills sewage system. 15. Governmental function. The parties recognize that treatment of sewage pursuant to this agreement is a governmental function and this Agreement shall be performed by the parties hereto in their respective governmental capacities. 16. Invalid Provision Shall Not Invalidate Agreement. The parties agree that in the event any paragraph, sentence, clause or word(s) of this agreement shall be held to be invalid, il- legal or unenforceable, all other terms and provisions of this agreement shall remain in full force and effect, and this agree- ment shall be construed as if not containing the particular provision or provisions held to be invalid. 17. Agreement Legally Binding. All parties to the agree- ment agree to the terms contained herein and represent to each other that the terms of this agreement have been duly accepted and approved by the authorized representatives of the 'parties hereto; and all parties covenant to each other that all action required by law has been taken to make this agreement legally binding and enforceable and that the parties hereto shall have 0736H -8- 629 all of the rights and remedies under the law of Arkansas to 630 enforce the terms of this agreement. DATED this day of 1988. .. CITY OF SHANNON HILLS, ARKANSAS By: Mayor ATTEST: SHANNON HILLS WATER, SEWER AND FIRE PROTECTION IMPROVEMENT DISTRICT NO. 3 BY: Chairman retary ro CITY OF LITTLE ROCK, ARKANSAS BY: Mayor ATTEST: Clerk LITTLE ROCK SANITARY SEWER COMMITTEE BY: Chairman ATTEST: Manager Little Rock Wastewater Utility 0736H -9- ct It ji 1 111H IL . 4 1 '.I ------ - ----- --- All, I i. t W Q y D� C W 0 4 p o c ° o_ o° _ a a b a W n W O C O a N v \ O •+ O N a ~•� Ise O O Y1 0 SP � y � NO ^ Ob G O b '�' b D< •� •� � 1� e O ° C= O O e O p> \ O D D ¢ v O <u oo fu c N N oo {• -c > It y w y' o W r q 0 W W 0 m# 63? -F, i C o W F D W e C W M + a= e V O e C W o > 4 a C W s O O O D O O q C o a c e D O 4 b c n O 2 b b 4 0 O I'1 •- � + a p O b + O O b V � n O•� O^1 ]° N m N� N N� b a bm a �.. q O� ob O O y� 00 « •+ l O> 1 P O C V 4 ° 4 a b IU v 0 °♦ u Q a V e o\ 4 \ T � \ o c « � e ¢ O F q Q >c u ry o o ¢ \ C o N¢ O\ h C Q a � C 4 O � U \ •- a o ¢ a y o\ C > MZ ♦\ OG yy y \b b I° O O N \ yt l\ �O U7 yCl \\ > V y b = N l�. 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