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1'72
`... RESOLUTION NO. '8,904
A RESOLUTIONS ACCEPTING
A DLrDICi1TIOP*:
OFD BY A. P: GREEN INDUSTRIES,
.,
'INC. FOR A' 1UNICIPAL LANDFILL : AttD
TO ACICtiOtShEDGE TM
,CITY'S .
APPRECIATIOII ' Oh !WE DEMATIO11.
tSHERkIIS, the City of Little- Rock is planning to construct a
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new landfill for municipal solid waste in the vicinity of ?arch
Street,
Dixon Road and Ironton Cutoff in southeast Pulaski
County; and
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[9iiI:I2EAS, the City has operated iundfills in this area
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continuously since 1970; .and
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6'SIiIItEt�S, ' the City is-planning the new facility in order 'to
remain in compliance with state and federal laws; and
,.'
WHIItEAS, A.P. Green Industries, Inc, ("Green'') has offered
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to .dedicate approximately 109 acres of its land to the City for
a municipal landfill; and
WIHMEAS, in consideration for the ]ands acquired by the
City, the
y, City assumes the obligations.o, Green to restore the
natural contours and relregetate the surface of :;base lands,
Formally used for
open pit mining b Green;
g Y , and
,.
WHEREAS, a, Phase,I Environmental Assessment prepared for
'certainty
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the City provides reasonable that. there are no
environmental concerns to be addressed by the acceptance of this
dedication, and
s
IJIiEREAS, ' the 'City wishes ,to accept the dication and to
express its gratitude to Green for its generosity and support by
its dedication
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of land for the landfill.
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NOW
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AGREEMENT
l!'nt-
This Agreement is entered into on this 4AV day of April,
1993, by and between A. P. Green Industries, Inc., a Delaware
corporation, hereinafter referred to a "Green", and the City of
Little Rock, an Arkansas municipal corporation, hereinafter
referred to as "City".
WITNESSETH
WHEREAS, Green owns property in the vicinity of Ironton
Road which was formerly used by Green for an open pit mining
operation and is no longer needed for that purpose; and
WHEREAS, the City of Little Rock desires to acquire said
property from Green in order to plan and construct a new
landfill for the disposal of municipal solid waste and
appurtenant uses; and
WHEREAS, Green has agreed to immediately dedicate a tract
of its land to the City for landfill purposes, and to dedicate
in the future an additional tract of land when it is no longer
needed for mining purposes, and
WHEREAS, the mining operations of Green have left
excavations and spoils on said lands which Green is obligated to
restore to natural contours and reestablish vegetation; and
WHEREAS, as consideration for the lands acquired by the
City, the City will assume, subject to the approval of the
Arkansas Department of Pollution Control and Ecology, the
obligations of Green under its mining permit to restore the
natural contours and revegetate the surface of the lands, by
constructing and operating a landfill which will accomplish the
restoration and vegetation.
[1]
NOW, THEREFORE, in consideration of the mutual benefits
accruing to the parties herein, and in consideration of the
covenants, representations and warranties described herein,
Green and City agree as follows:
1. Commensurate with the execution and delivery of this
Agreement, Green will execute, acknowledge and deliver to the
City a Dedication Deed in a form prepared by or acceptable to
the City Attorney, conveying the land described in Exhibit "A"
attached and hereinafter referred to as "Tract An.
2. Tract A shall be used by the City for a municipal solid
waste disposal facility and appurtenant uses. Approximately 35
acres of Tract A have been affected by mining operations since
the effective date Act No. 236 of 1971. This acreage is covered
by Green's mining permit and related reclamation obligations.
The City shall immediately make application to the appropriate
governmental agency to assume the restoration and reclamation
obligations of Green on Tract A as part of the City's planned
landfill facility.
3. Green also owns a tract of land five hundred sixty feet
(5601) N -S by six hundred eighty -five feet (6851) E -W, which is
located along the north boundary of Tract A. The 560' x 685'
tract is hereinafter referred to as "Tract B".
4. Tract B is retained by Green for the purpose for mining
operations which may be commenced by Green in the future. Green
may dedicate Tract B to the City for landfill purposes when
Tract B is no longer needed by Green for mining operations. The
City acknowledges that Green may perform future permitted mining
activity on Tract B adjacent to the property line of Tract A,
and City consents to said activity.
[2]
5. A body of water is located on Tract A immediately south
and west of Tract B. This body of water will be used by the City
in its existing state for detention of stormwater runoff from
the solid waste facility planned for operation on Tract A.
6. When Green commences mining excavation on Tract B, it
will be necessary for the City to drain water from the
stormwater detention pond to prevent leakage into Green's mining
excavation. It is hereby agreed by the parties that a minimum of
two (2) year's notice shall be provided to the City by Green of
Green's intent to commence mining excavation of Tract B, in
order to allow the City sufficient time to properly design and
construct a replacement stormwater detention pond at a location
which will not cause drainage into Green's mining operations.
This two -year notice shall be in writing and shall be sent to
the Director of the Department of Public Works of the City.
7. Nothing in this Agreement shall be construed to prevent
City from designing and constructing a replacement stormwater
detention pond prior to receiving notice of Greeri "s intent to
commence mining of Tract B. Further, nothing in this Agreement
shall be construed to obligate Green to commence mining
excavation of Tract B. Green may dedicate Tract B to the City at
an indefinite time in the future when Green has completed mining
operations on Tract B, or otherwise when Green desires to
relinquish ownership and control of Tract B.
8. Green represents and warrants to City as follows:
a. Green is the owner of all record and beneficial
right, title and interest in and to Tract A, less and
except such interest in mineral rights which has been
disclosed to City.
[3]
b. Green has no knowledge of actual or contingent
environmental liabilities, and no knowledge of facts
and circumstances that may give rise to future
litigation concerning Tract A.
9. The City represents and warrants to Green as follows:
a. The City has been given the opportunity to conduct
an environmental assessment of Tract A and has
conducted such an assessment;
b. The City accepts the Tract A dedication in its
existing condition.
IN WITNESS WHEREOF, the parties hereunto have set their
hands and seal on the date first above written.
CITY OF LITTLE ROCK
By:
ar es Nic erson
City Manager
A. P. GREEN INDUSTRIES, INC.
Y
Title:
[4]
TRACT A
Commencing at the NE corner of the SE 1/4, SE 1/4,
Section 9, T, 71 -S, R -12 -W; thence N 890 401 E
898.28 feet, "thence N 20 11' ill' E 1,301.0 feet;
thence N 890 34" 33" E 376.44 feet; thence N 20
071 28" E 863.0 feet; thence West 1,200 feet;
thence South 560 feet; thence West 685 feet,
thence North 560 feet; thence West 1,375 feet more
or less to the East boundary of the W 1/2 of the SW
1/4 NE 1/4 of said Section 9; thence South along
said East boundary 800 feet to the North line of
the NW 1/4 SE 1/4 of said Section 9; thence N 890
091 38" E 333.2 feet; thence S 540 O1' 22" E 390.7
feet; thence S 20 17' 35" W 136.5 feet, thence S
430 401 E 1,347 feet to the North line of the SE
1/4 SE 1/4 of said Section 9; thence S 890 46' 36"
E 339.0 feet to the point of beginning, containing
109.4 acres more or less.
EXHIBIT "A"
(5)
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CITY OF
LITTLE ROCK
DEPARTMENT OF
PUBLIC WORKS
Al �• OF
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Title
No. Page of
Li9ND FALL pRoi� Issue Date Revision Date
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30 NScMeNf
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FEBRUARY 9, 1993
LETTER OF AGREEMENT
BETWEEN
CENTERS FOR YOUTH AND FAMILIES
AND
THE CITY OF LITTLE ROCK
Pursuant to the authority of Little Rock, Arkansas Ordinance
No. 16,331 which appropriated an amount up to $30,000 to Centers
for Youth and Families for services to the City set forth in this
Letter of Agreement, the City of Little Rock ( "City ") is entering
into an agreement with Centers for Youth and Families
( "Centers "). This Letter of Agreement memorializes the
understanding between the City and the Centers.
The agreement is for the period from _ ....... ....... _.._January 1 ... ........... 1.993_ . .
to _._. ...._...._._..._..December .__31 z 1993_ ....... ............... ._ ... __..._...__..__..�.. the City will reimburse
Centers up to thirty thousand dollars ($30,000) in consideration
for the services provided. This payment will be made at the rate
of $75.06 per juvenile per night of Shelter care. In exchange
for this payment, Centers agrees to accept for shelter care all
juveniles presented by the City. Stepping Stone Shelter has age
limits (8 to 18), and admission criteria which exclude the
seriously violent and those with severe medical need, and a state
license which limits admissions to 14 youth at any one time. The
City will present juveniles to Centers for shelter care as
defined by Arkansas Juvenile Code of 1989, codified as Arkansas
Code Annotated Section 9 -27 -301 to 345 (Supplement 1989).
Payment to Centers will be made within ten days after receipt of
a statement itemizing clients served, nights of shelter care
provided each client and the name of the referring Police or
Municipal Court officer. Centers further agrees to provide
monthly reports to the City Manager upon request, to contain non -
privileged information concerning persons that have been accepted
from the City during the course of this agreement.
Execution of this
all the terms set
agree that these
document.
agreement by both parties ratifies and adopts
forth in this Letter of Agreement. We also
terms can only be modified by a written
THE CENTERS FOR YOUTH AND FAMILIES
BY'
THE CITY OF LITTLE ROCK
By:
Date
21-
Date
� - � - 1:13
City of Little Rock
Thomas M. Carpenter
City Attorney
M E M O R A N D U M
To: Charles Nickerson
City Hall
500 W. Markham St.
Little Rock, AR 72201 -1400
501/371 -4527
Interim City Manager
From: Thomas M. Carpenter (iC� `-�__
City Attorney
Re: Letter of Agreement between Centers for Youth and
Families and the City of Little Rock
Date: March 10, 1993
Charles --
Attached to this memo is a proposed Letter of
Agreement submitted for the 1993 calendar year. The $30,000
appropriation was approved in the 1993 budget for the Police
Department. All previous agreements have been signed by the
City Manager's office. This Agreement duplicates previous
ones except for updating the calendar year and appropriation
ordinance number.
After executing the Agreement, we need to return a
copy to Centers for Youth and Families and Capt. Stuart
Thomas of the Police Department.
Attachment