16949292
ORDINANCE NO. 16,949
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY
OF LITTLE ROCK AND THE CITY OF SHANNON HILLS FOR
THE TREATMENT OF SEWAGE; REPEALING ORDINANCE NO.
15,614, APPROVED DECEMBER 20, 1988 AND ,DECLARING
AN EMERGENCY.
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 City of Shannon Hills owns a certain
sewage collection system within its municipal boundary which
the City of Shannon Hills operates, and this system is not
adequate or satisfactory to treat the sewage; and
WHEREAS, it is in the best interest of the City of
Shannon Hills ( "Shannon Hills ") in lieu of a prior contract
dated June 6, 1989, for the extension of sewer service by
Little Rock to Shannon Hills which was never performed and
the parties mutually desire now to enter into another
contract 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
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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 on different terms and conditions, releasing
each other from any obligations in conjunction with the
prior contract dated June 6, 1989, and the prior Ordinance
No. 15,614 approved December 20, 1988, shall be repealed;
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 to extend sewer service by the
City of Little Rock to and for the treatment of sewage from
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Shannon Hills provided, however, that the City of Shannon
Hills shall remain totally responsible for the maintenance
of its existing sewer system and any additions thereto, the
use of which shall at all times be subject to the charges,
collections and all provisions contained in the applicable
Little Rock sewer ordinances in effect, and as amended or
changed in the future during the term of this contract, or
any extensions thereof by the City of Little Rock is hereby
approved. A copy of the contract 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 all Resolutions and Ordinances and
parts thereof in conflict with any parts of this Ordinance,
including Ordinance No. 15,614 approved December 20, 1988
are hereby repealed.
SECTION 3. 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: August 1 1995.
ATTEST: APP OVED:
<J p - :L�n May r Jim D i ey
City Clerk Robbie Hancock
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CONTRACT
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Exhibit to Ord. #16,949
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THIS CONTRACT made on this day of ,
1995 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
(hereinafter referred to as "Shannon Hills ");
WHEREAS, on June 6, 1989, the City of Little Rock, the
Little Rock Sanitary Sewer Committee (both referred to as
"Little Rock ") entered into an agreement (the 111989
Agreement ") with the City of Shannon Hills ( "Shannon Hills ")
and Shannon Hills Water, Sewer and Fire Protection
Improvement District No. 3 ( "SID No. 3 ") for the extension
of sewer service by Little Rock to Shannon Hills and SID No.
3 and sewer service was never extended to Shannon Hills and
SID No. 3; and,
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WHEREAS, since the execution of the 1989 Agreement, the
City of Shannon Hills has acquired all rights, title and
ownership of the sewer system previously owned and operated
by SID No. 3 situated within the city limits of Shannon
Hills; and, residents of the City of Little Rock previously
receiving sewer service by SID No. 3 in the subdivision
known as Rolling Pines have been connected to the sewer
system of Little Rock and are currently being served by
Little Rock; and,
WHEREAS, Little Rock and Shannon Hills desire to enter
into a new contract in substitution of all terms of the 1989
Agreement discharging and extinguishing all rights, duties
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or obligations of either party under the 1989 Agreement, and
in lieu thereof enter into the new contract subject to the
provisions hereinafter set forth whereby Shannon Hills shall
abandon its-'existing-sewage treatment plant and connect with
the Little Rock sewer system, it being agreed that Shannon
Hills shall remain totally responsible for the maintenance
of its existing sewer system and any additions thereto, the
use of all of which shall at all times be subject to the
charges, collections, and all provisions contained in the
applicable provisions set forth hereinafter, as well as
Little -Rock sewer ordinances in effect and as amended, or
changed in the future, during the term of this contract or
any extension thereof.
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 Contract
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
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Utility (the "Manager ") , and in accordance with the terms
and provisions of this Contract 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
connection to the Little Rock facilities shall include the
furnishing 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
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provided by this agreement. The monthly sewer service
charge shall be computed from the total flow registered by
the Wastewater Discharge Flow Measuring Meter, excluding 30%
infiltration and -- inflow, at -the rates set by the.Little Rock
Board of Directors for sewer service inside the city limits
of Little Rock, Arkansas, currently in effect and as may be
adjusted in the future, it being expressly understood by the
parties that rate adjustments may occur in the future during
the term and the rates to be charged hereunder shall at all
times be in accordance with those rates for sewer service
inside the city limits of Little Rock, Arkansas, as adjusted
in the future. 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 Committee 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
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harmless the Sewer Committee for all losses, 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) day
of the month following the month for which the service is
billed, a penalty equal to ten percent (10 %) of the total
payment 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.
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 construction, operation and
maintenance of sewers shall apply to the sewer facilities
owned and operated by Shannon Hills and connected 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
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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
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any violations of said ordinance or any provision of this
Contract 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
Contract 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, 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 Contract
anticipates up to 1,000 Shannon Hills users. In any event,
anyone desiring such an extension of service beyond the
existing facilities hereby served shall bear the full cost
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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 SID 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 ordinance, 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 Contract with the pretreatment ordinance
to be approved by the Manager before said connection is
made; and Shannon Hills covenants to maintain and enforce at
all times said comprehensive development plan, zoning
ordinance and sewage pretreatment ordinance.
8. 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
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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 Contract. Unless terminated earlier, the
term of this Contract shall be for a period of fifteen (15)
years from the date hereof at which time it will expire;
provided, however, this Contract 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 by Shannon Hills and the City of
Little Rock, Arkansas.
10. Assignment or Transfer. This Contract and the
rights hereunder shall not be assigned or transferred by
Shannon Hills, and 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
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with said laws, ordinances, rules and regulations by the
employees or authorized representatives of Shannon Hills.
12. Termination. This Contract may be terminated by
Little•Rock if Shannon -Hills -fails to comply fully with any
of the terms and provisions of this Contract. Termination
of this Contract may occur only after actual written notice
is given of the nature of the breach. In the event of the
termination of this Contract, 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
Contract, 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 Contract,
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 certified mail, postage prepaid, as follows:
If to Little Rock:
Little Rock Wastewater Utility AND City of Little Rock
221 East Capitol Avenue City Hall, 500 W. Markham
Little Rock, Arkansas 72201 Little Rock, Arkansas 72201
Attn: Manager Attn: City Manager and Mayor
If to Shannon Hills:
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City of Shannon Hills
City Hall
Shannon Hills, Arkansas 72103
Attention: Mayor
14. Update - -or 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
Contract. 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 Contract.
The parties agree that in the event any paragraph, sentence,
clause or word(s) of this Contract shall be held to be
invalid, illegal or unenforceable, all other terms and
provisions of this Contract shall remain in full force and
effect, and this Contract shall be construed as if not
containing the particular provision or provisions held to be
invalid.
18. Contract Legally Binding. All parties to the
Contract agree to the terms contained herein and represent
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to each other that the terms of this Contract 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
Contract legally binding and enforceable and that the
parties hereto shall have all of the rights and remedies
under the law of Arkansas to enforce the terms of this
Contract.
DATED this day of , 1995.
ATTEST:
Attest:
ATTEST:
CITY OF SHANNON HILLS, ARKANSAS �
By:
Mayor
CITY OF LITTLE ROCK, ARKANSAS
By:
Mayor
LITTLE ROCK SANITARY SEWER
COMMITTEE
By:
Chairman
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Manager
Little Rock Wastewater Utility
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