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ORDINANCE NO. 17,553
AN ORDINANCE AMENDING ORDINANCE NO. 16,592 558
(FEBRUARY 9, 1994) AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AMENDMENT TO THE CITY OF
SHANNON HILLS WATER SERVICE AGREEMENT TO ALLOW A
SECOND METERING STATION.
WHEREAS, the Board of Water Works Commissioners approved an amendment to the existing
water service contract with the City of Shannon Hills on July 18, 1997; and
WHEREAS, this amendment allows for a second metering station but does not change the amount
of water the City of Shannon Hills may purchase; and
WHEREAS, the City of Shannon Hills will pay for all expenses required for the additional metering
station.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE
CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. Little Rock, Ark., Ordinance No. 17,592 (February 9, 1994) is hereby amended to
read as follows:
SECTION 1. The Mayor and City Clerk are authorized to execute an
amendment to the City of Shannon Hills water service agreement to allow
for a second metering station as described in the amendment attached hereto
as Exhibit "A ".
PASSED: August 5, 1997
ATTEST:
ROBBIE HAN
CITY CLERK
APPROVED AS TO FORM:
M -
ATTORNEY
APPROVED:
JIM DVVEY
MAYO
• EXHIBIT "A"
AMENDMENT TO AGREEMENT
559
This Amendment to Agreement (the "Amendment ") is entered into this day of
1997, between the City of Little Rock, Arkansas ( "Little Rock ") as trustee for
the use and benefit of the Little Rock Municipal Water Works (the "Water Works "), and the City of
Shannon Hills (`Shannon Hills ").
WITNESSETH:
WHEREAS, on December 9, 1994, Little Rock, the Water Works, and Shannon Hills entered
into an Agreement (the "Agreement") whereby the Water Works agreed to sell and Shannon Hills
agreed to buy water under the terms and conditions of the Agreement; and
WHEREAS, under paragraph 5 of the Agreement the parties may establish additional points,
of delivery; and
WHEREAS, it is the desire of Shannon Hills to establish an additional point of delivery; and
WHEREAS, the parties agree to establish an additional point of delivery under the terms and
conditions of the Agreement and this Amendment.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants,
agreements, and conditions contained herein, the parties agree as follows:
I.a. Pursuant to paragraph 5 of the Agreement, and subject to the terms and conditions of
this Amendment, an additional point of delivery is hereby established within the City of Little Rock
at the Pulaski County, Saline County line, on the North side of County Line Road, one -third (' /s) of
a mile west of Vimy Ridge Road (the "County Line Road point of delivery") .
b. Shannon Hills shall purchase a site for, obtain necessary easements for, and construct,
at its expense, a meter station (the "County Line Road meter station ") at the County Line Road point
56(i
of delivery containing a flow meter and other necessary equipment required by and acceptable to the
Water Works. The design and materials to be used by Shannon Hills in the construction of the
County Line Road meter station shall conform to specifications of the Water Works. The site for the
County Line Road meter station shall be a tract of land the minimum size of which shall be thirty -five
(35) feet by thirty-five (35) feet. Moreover, Shannon Hills shall construct an all weather access road
from the County Line Road meter station to County Line Road.
c. Shannon Hills shall retain a registered professional engineer to inspect and certify (the
"Engineer's Certificate ") that the materials and construction methods used in construction of the
County Line Road meter station conform to specifications of the Water Works.
d. The Water Works may spot inspect the construction of the County Line Road meter
station at any time during construction, and Shannon Hills shall pay the Water Works its standard
inspection fees and charges.
e. Upon completion of construction, as indicated by the Engineer's Certificate, Shannon
Hills shall convey to the City of Little Rock, Arkansas, for the use and benefit of the Little Rock
Municipal Water Works, property described in subparagraph (b) above, including, but not limited to,
the County Line Road meter station, and all related real property, right -of -way easements, meter
station, and all appurtenant equipment and accessories, free and clear of all claims, liens, and
encumbrances of any kind whatsoever.
2
f. As a condition to this Amendment and delivery of water to the County Line Road point
of delivery, upon execution of this Amendment Shannon Hills shall pay to the Water Works a Meter 56 1
Connection Charge of One Thousand Nine Hundred Ninety -six Dollars ($1,996); a Front Foot
Charge of Six Thousand Nine Hundred Dollars ($6,900); and an Acreage Charge of Twelve
Thousand Dollars ($12,000), for extension of water service to the North '/2 of West 1/2 of Northeast
1/4, Section 20, Township 1 South, Range 13 West. Moreover, Shannon Hills shall pay to the Water
Works an Acreage Charge of Twenty -four Thousand Dollars ($24,000), for extension of water
service to the North 1/2 of Northwest 1 /4, Section 20, Township I South, Range 13 West, which
amount shall be paid in equal installments of Two Thousand Dollars ($2,000) a month beginning
September 1, 1997, and on the first day of each month thereafter until paid in full, and which amount
may be prepaid in whole or in part. Furthermore, upon future development beyond the areas
described in this subparagraph, and prior to extension of water service thereto by Shannon Hills,
Shannon Hills shall pay to the Water Works the applicable Front Foot Charges and Acreage Charges
pursuant to the Notice dated October 19, 1984, filed with the Pulaski County Circuit Clerk and Ex-
Officio Recorder October 24, 1984, as Document No. 84- 64902. If Shannon Hills fails to pay the
applicable charges as provided herein, the Water Works may discontinue delivery of water to
Shannon Hills and may continue to deny delivery to Shannon Hills until Shannon Hills pays the
applicable charges to the Water Works.
2. Paragraph 7 of the Agreement is hereby amended to read as follows
"Shannon Hills agrees that it will take delivery of water at the points
of delivery at a time or times each day to be designated by the Water
Works, it being the intent of the parties that Shannon Hills shall take
delivery, if required by the Water Works, during off -peak periods; as
used herein "off- peak" shall mean the period of time each day between
midnight and 6:00 a.m. and between 10:00 p.m. and midnight."
F
3. Except as amended by this Amendment, all terms, conditions, covenants, and provisions
of the Agreement shall remain in effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Agreement. 562
A
Secretary
Attest:
City Clerk
Attest:
it Vii. `e,.
City Recorder- Treasur i
OF CONMSSIqyERS
ROCK MUNI . AL / W�TER WORKS
i / .
CITY OF LITTLE ROCK, ARKANSAS .
Mayor
CITY OF SHANNON HILLS
Mayor
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