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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
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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
I the sewage disposal works without impairing the usefulness
of said works to the owners upon such terms and conditions
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as may be fixed by the Sewer Committee and approved by
ordinance of the respecting contracting parties; and
I WHEREAS, the City of Shannon Hills owns a certain
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' 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
i Little Rock to Shannon Hills which was never performed and
i the parties mutually desire now to enter into another
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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No. 15,614 approved December 20, 1988, shall be repealed;
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and
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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
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to enter into said contract and authorize the Mayor, City
Clerk, Sewer Committee and the Manager of the Utility to
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execute said contract; and
j 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 LVED: `
< a-A.'e ��2-
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MZ9�CA
City Clerk Robbie Hancock May r Jim D i ey
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Exhibit to' Ord.- '#'1-6-,9-49
CONTRACT
THIS CONTRACT made on this day of 11
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 "1989
Agreement") with the City of Shannon Hills ("Shannon Hills")
and Shannon Hills Water, Sewer and Fire Protection
Improvement District No. 3 ("SID No. 311) 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
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SID No. 3; and,
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 b 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
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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 Committees 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 +Char es 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. Applicatiori 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
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
w 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__5ervice. 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 I
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Little -Rock and the Sewer Committee. This Contract r
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 Com rehensive Devela vent Plan
Zpninq 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.
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g. rerm of Contract. Unless terminaueu edrxjGL, L -1+G
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
O 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
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f employees or authorized representatives of Shannon Hills.
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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
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hereto that Shannon Hills shall be solely responsible for
i the treatment of its sewage upon termination of this
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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- o Re ulations..- 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
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necessary or appropriate, to inspect all individual tie -ons
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to the Shannon Hills sewage system.
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15. Governmental Function. The parties recognize that
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treatment of sewage pursuant to this agreement is a
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governmental function and this.Agreement shall be performed
by the parties hereto in their respective governmental
capacities.
16. Invalid Provision Shal,l Nat 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 ,a1:1 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:
Chairtan
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Manager
Little Rock Wastewater Utility
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Exhibit "A" to Shannon n; w•■rru��±�r��{
Hills/Little Rock
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Contract
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615
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.T.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
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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
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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.
Mayor Lot ie Shackelford
ATTEST:
C y Clerk zech
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mom i r m m m A
Agreement
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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
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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 Pleasuring Meter. The connec-
tion to the Little Rock facilities shall include the furnishing
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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 Hoard 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
tb 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)
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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
y 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. Aeplication of Cit 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
..q_
I
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
1--M
r r r
626
full cost thereof, including all costs of any nature whatsoever 621
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 Fre-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 O erated b 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-
� r� r � �■■ � r r r ■■r �■ �■ r� r
by the contracting parties hereto.
10. Assignment or Transler. 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
M
62('35
M = M M
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
& Eire 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 ;eNallY 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-
Mi
r '� r r� r r r �r r� r r ■r r� r
all of the rights and remedies under the law of Arkansas to
630
enforce the terms of this agreement.
DATED this day of 1988.
ATTEST:
CITY OF SHANNON HILLS, ARKANSAS
By:
Mayor
SHANNON HILLS WATER, SEWER AND FIRE
PROTECTION IMPROVEMENT DISTRICT
NO. 3
BY: _
Chairman
Secretary
Comptroller
CITY OF LITTLE ROCK, ARKANSAS
BY:
Mayor
ATTEST:
Clerk
LITTLE ROCK SANITARY SEWER COMMITTEE
BY:
Chairman
ATTEST:
Manager
Little Rock Wastewater Utility
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J
JIM GUY TUCKER
GOVERNOR
DEPARTMENT OF HEALTH
4815 WEST MARKHAM STREET • LITTLE ROCK, ARKANSAS 72205.3867
TELEPHONE AC 501 661.2000
Mr. Tim Lemons, P.E.
Bond Consulting Engineers, Inc.
1010 S. Redmond.Road
Jacksonville, AR 72075
Dear Mr. Lemons:
M. JOYCELYN ELDERS, M.D.
DIRECTOR
April 1, 1993
te,It C.. -
(2L,& _
D F -W
RE: Sewage Treatment Plant
Shannon Hills Water &
Sewer Improvement
Shannon Hills, AR
93 E 720-2
The plans and specifications for the captioned project, dated December,
1992, prepared by Bond Consulting Engineers, and submitted to the Division
of Engineering on January 27, 1993 have been reviewed and are hereby
approved with the following conditions.
1. The Division of Engineering relied upon the statements and
representations made in the engineer's report, plans, and
specifications. In case any statement or representation in
the aforementioned documents is found to be incorrect, this
Approval may be revoked.
2. There shall be no deviation from the plans and specifications
unless revised plans and specifications have been first sub—
mitted for review and written consent given.
3. The review and approval of the plans and specifications were
for functional and sanitary features and in no way constitute
an analysis of the structural design.
4. If construction on this project is not started within one
year of the date affixed hereto, this Letter of Approval is
void.
Mr. Tim Lemons, P.E.
April 1, 1993
Page 2
5. As you are aware, this office has strongly recommended for
several years that Shannon Hills wastewater.be treated by
Little Rock. The collection lines of S.I.D. 142 were built
with this purpose in mind as were certain capital
improvements in Shannon Hills.
Although the treatment plant is approved from a technical
standpoint, as proposed, it is our opinion that it is in the
best interest of both Shannon Hills and the City of Little
Rock to reach an agreement in principle and price on the
treatment of Shannon Hills wastewater by Little Rock.
From Shannon Hill's standpoint, not having a treatment
facility will free up people, equipment, and utility costs
associated with operation and maintenance. Although the cost
analysis showed a slight advantage to Shannon Hills operating
its own facility, unforeseen and higher than anticipated cost
related to a treatment facility are a real possibility,
particularly as the facility ages.
From Little Rock's standpoint, connection of Shannon Hills
will eradicate the discharge of treated sewage into a stream
that traverses a large part of the city. All treated sewage,
regardless of the level of treatment, contains viable
pathogenic organisms. These organisms remain viable until
time and environmental factors result in their die—off.
Elimination of the effluent from a stream that travels
through a population center makes only good sense.
We understand that Shannon Hills and the City of Little rock
are still negotiating over the provisions of providing
service. We strongly encourage Shannon Hills and Little Rock
to diligently pursue a service agreement. Such an agreement
is in the best interest of the citizens of both cities.
The plans and specifications are being retained for our files.
Mr. Tim Lemons, P.E.
April 1, 1993
Page 3
When submitting correspondence pertaining to this project, please include
our reference number 93 E 720-2.
Sincerely,
Robert Hart, P.E.
Chief Engineer
Division of Engineering
RH:JS:MF:pmc
cc: Pulaski County Sanitarian
Plan Review, Plumbing Section
Jim Ort, Shannon Hills WSFPID #3
Jim Dailey, Mayor, City of Little Rock
Charles Nickerson, Acting CityM ager, City of Little Rock
Little Rock Wastewater Utilii
ID#86/41-43
cc,, Gi o f
I
SNA,vn./v.l
MAP 1q1 L LS
Conditional Use Permit (CUP)
TRS 1S,13W,16
PD
CT
Z-5664
SHANNON HILLS WASTEWATER
TREATMENT PLANT
C.U.P.
ITEM NO.
r� B
3/93
TRS 1S,13 W,16
PD
CT
SHANNON HILLS
Area Zoning
Z-5664 ITEM NO.
SHANNON HILLS WASTEWATER B
TREATMENT PLANT N
C.U.P.
3/93
'Oy-GrircAouxa PLANT
i
i Y-
s: i
E
Ccs. Gi�✓E 20, 91.46Xi C4W7-'
5,4L;rc/ar G-
PAJNIG DR.
VIC 1'V/7Y Al
MR•Q H/ L LS
Conditional Use Permit (CUP)
TRS 1S,13W,16 Z-$664 ITEM NO.
PD SHANNON HILLS WASTEWATER
TREATMENT PLANT
CT
C.U.P.
3/93
COUNTY LINE RD
SHANNON HILLS
Area Zoning
-----------------
T R S
,_.. --.---- -
TRS 1S -13W,16 Z-$664 -- -- - - - - - - ITEM NO.
PD SHANNON HILLS WASTEWATER
N
CT
TREATMENT PLANT
C.U.P.
3/93
RESOLUTION NO.
A RESOLUTION RESCINDING THE LITTLE ROCK
PLANNING COMMISSION'S ACTION IN DENYING
A CONDITIONAL USE PERMIT FOR THE
CONSTRUCTION AND OPERATION OF A
WASTEWATER TREATMENT FACILITY BY THE
SHANNON HILLS WATER, SEWER AND FIRE
PROTECTION DISTRICT NO. 3
WHEREAS, an application was filed with the Little Rock
Planning Commission for a conditional use permit to allow for
the construction and operation of a wastewater treatment facility
on the R-2 zoned property described as the SW 1/4, SE 1/4 and the
West 330 feet of the North 1/2, SE 1/4, SE 1/4, Section 16,
T -1-S, R -13-W, Little Rock, Arkansas; and
WHEREAS, the Little Rock Planning Commission determined
that the proposed use was an inappropriate land use and denied
the application at its April 20, 1993 meeting; and
WHEREAS, the Little Rock Board of Directors has determined
that action to be incorrect.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK ARKANSAS.
SECTION 1. The action of the Little Rock Planning
Commission in denying an application for a conditional use permit
to allow for the construction and operation of a wastewater
treatment facility on the R-2 zoned property described as the
SW 1/4, SE 1/4 and the West 330 feet of the North 1/2, SE 1/4,
SE 1/4, Section 16, T -1-S, R -13-W, Little Rock, Arkansas is
hereby rescinded.
SECTION 2. Said Conditional Use Permit is hereby
approved.
SECTION 3. This resolution shall be in full force and
effect from and after its adoption.
ADOPTED:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED:
Mayor
RESOLUTION NO.
A RESOLUTION SUSTAINING THE LITTLE ROCK
PLANNING COMMISSION'S ACTION IN DENYING
A CONDITIONAL USE PERMIT FOR THE
CONSTRUCTION AND OPERATION OF A
WASTEWATER TREATMENT FACILITY BY THE
SHANNON HILLS WATER, SEWER AND FIRE
PROTECTION DISTRICT NO. 3
WHEREAS, an application was filed with the Little Rock
Planning Commission for a conditional use permit to allow for
the construction and operation of a wastewater treatment facility
on the R-2 zoned property described as the SW 1/4, SE 1/4 and the
West 330 feet of the North 1/2, SE 1/4, SE 1/4, Section 16,
T -1-S, R -13-W, Little Rock, Arkansas; and
WHEREAS, the Little Rock Planning Commission determined
that the proposed use was an inappropriate land use and denied
the application at its April 20, 1993 meeting; and
WHEREAS, the Little Rock Board of Directors has determined
that action to be correct.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK ARKANSAS.
SECTION 1. The action of the Little Rock Planning
Commission in denying an application for a conditional use permit
to allow for the construction and operation of a wastewater
treatment facility on the R-2 zoned property described as the SW
1/4, SE 1/4 and the West 330 feet of the North 1/2, SE 1/4, SE
1/4, Section 16, T -1-S, R -13-W, Little Rock, Arkansas is hereby
sustained.
SECTION 2. This resolution shall be in full force and
effect from and after its adoption.
ADOPTED:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED:
Mayor
Little Rock221 E. Capitol
Wastewater ® Little Rock,
Arkansas 72202
Utility
February 19, 1993
Mr. Stephen Giles
Assistant City Attorney
City of Little Rock
City Hall
Markham and Broadway
Little Rock, Arkansas 72201
Re: City of Little Rock Planning Commission Meeting
on March 9, 1993, at 1:00 p.m. Regarding
Shannon Hills Wastewater Plant Proposal and
Request for Conditional Use Permit
Dear Steve:
This is to confirm our telephone conversation this morning in
which you advised me that the Subdivision Committee met yesterday
in connection with the captioned matter and that the Planning
Commission meeting is scheduled to be held on Tuesday, March 9,
1993 at 1:00 p.m. to formally consider the Shannon Hills Wastewater
Plant proposal and request for a conditional use permit.
Enclosed is a copy of my letter dated February 18, 1993, to
Jerry Gardner with copies of the letters mentioned in my letter to
Jerry. You are welcome to review the Utility's rather voluminous
files on this matter and please feel free to call me at 688-1403
for further information or copies of any additional documents.
Since Rick Barger and I will not be available for the Planning
Commission meeting on March 9, 1993, Reggie A. Corbitt, Manager,
will be present to answer any questions from the Planning
Commission. In the meantime, please telephone Rick Barger if you
have any questions which are technical in nature. Rick has
thoroughly reviewed this matter and is very familiar with the
wastewater treatment issues involved in the proposed constructed
wetlands treatment plant to be located on the property involved in
the captioned matter.
Best regards.
Yours truly,
D n F. Hamilton
Staff Attorney
DFH/jbm
Over
Little Rock221 E. Capitol
Wastewater Little Rock, Arkansas 72202
Utility" 501/376-2903
February 18, 1993
Mr. Jerry Gardner
Civil Engineering Manager
City of Little Rock.
Department of Public Works
700 West Markham
Little Rock, Arkansas 72201
Re: City of Little Rock Subdivision Committee Meeting
on March 9, 1993, at 12:30 p.m. Regarding
Shannon -Hills Wastewater Plant Proposal and
Zoning Request
Dear Jerry:
. Jim Boyd, Little Rock Wastewater Utility Supervisor
Construction Administration New Mains, has requested that I send
you copies of pertinent documents from the Utility file pertaining
to the captioned matter and that a Utility representative should
attend the Subdivision Committee meeting on March 9, 1993 at 12:30
p.m. in order to answer possible questions.
Since the Utility file on this matter is voluminous and covers
a period of time over many years, I have selected the following
documents in response to your request and you are certainly welcome
to review the file in its entirety at your convenience:
1. Letter dated September 10, 1992, from Reggie Corbitt to
Mike Chandler, Mike Hood, and Paul Acre, all of the
Arkansas Department of Pollution Control and Ecology,
expressing comments and objections to the Shannon Hills
201 Facility Plan dated April, 1992, as prepared by Bond
Consulting Engineers, Inc.
2. Article titled Water Plant violating Permit published in
the Arkansas Democrat -Gazette February 23, 1992,issue.
3. Four pages of drawings and graphs pertaining to the
proposed Shannon Hills Wastewater Treatment Plant to be
located within the city limits of Little Rock, Arkansas,
as given to Tom Dalton in the conference held on October
22, 1992.
4. Letter dated December. 18, 1992, from Paul Acre of the
Arkansas Department of Pollution Control and Ecology to
Reggie A. Corbitt in response to Reggie Corbitt's letter
dated September 10, 1992, with copies of the following:
Mr. Jerry Gardner
February 18, 1993
Page 2
(a) October 1, 1992, letter to Paul Acre of ADPC&E from
Tim Lemons with enclosures consisting of Addendum
No. 1 to facility plan; letter dated September 21,
1992, from Charles A. Brown to Tim Lemons; letter
dated September 24, 1992, to Paul Acre from Charles
A. Brown with additional enclosures consisting of
treatment plant expenses dated January 8, 1990 and
a warranty deed from Teddy Andrew Meyer and Mary
Sue Meyer, husband and. wife, to Shannon Hills
Water, Sewer, and Fire Improvement District No. 31
and a trustee deed from the same grantee, both
dated August 17, 1992.
(b) September 30, 1992 letter from Paul Acre to Reggie
A. Corbitt.
A Utility representative will attend the Subdivision Committee
meeting on March 9, 1993, at 12:30 p.m. in order to answer any
questions which are technical in nature which should be directed to
Rick Barger in the meantime. Unfortunately, I will be out of town
on that date and, therefore, I will be unable to attend the
Subdivision Committee meeting. Please feel free to call me at 688-
1403, or Reggie Corbitt, or Rick Barger if you need any further
additional information. If you do need to review any of the other
documents in our voluminous files, please telephone me and I will
be glad to make them available at your convenience.
Best regards.
Yo truly,
on F. Hamilton
Staff Attorney
DFH/jbm
cc: Reggie A. Corbitt
Rick Barger
Sewer Committee Members
Little Rock
Wastewater0
Utility/
September 10, 1992
221 E. Capitol
Little Rock, Arkansas 72202
501/376-2903
Mr. Mike Chandler
Arkansas Department of
Pollution Control and Ecology
8101 Interstate 30
Post Office Box 8913
Little Rock, AR 72219-8913
Mr. Mike Hood
Arkansas Department of
Pollution Control and Ecology
8101 Interstate 30
Post Office Box 8913
Little Rock, Arkansas 72219-8913
Mr. Paul Acre
Arkansas Department of
Pollution Control and Ecology
8101 Interstate 30
Post Office Box 8913
Little Rock, AR 72219-8913
Re: City of Shannon Hills/Shannon Hills Water, Sewer,
and Fire Protection Improvement District No. 3/
Sewer Improvement District No. 142/City of Little
Rock and Sewer Committee Contracts
Your File No.: CS -050730-03, Little Rock, Arkansas
CS -050709-03, Shannon Hills, Arkansas
Gentlemen:
This letter is to express to you comments and objections to
the Shannon Hills 201 Facility Plan, dated April, 1992, revised
August, 1992, prepared by Bond Consulting Engineers, Inc. in
connection with the captioned matter and filed in your office on
August 31, 1992.
Our comments and objections are as follows:
1. Proposed Permit Limitations are too Lenient
The "preliminary" permit limits that ADPC&E has proposed
for the Shannon Hills Wastewater Plant effluent appear
_ very__,lenient_considering the stream they will discharge -
into. The proposed permit limits are noted below:
Shannon Hills Proposed Discharge_ Limits
(As per 3/31/92 ADPC&E Letter from Bob Singleton)
Parameter Limitation
Summer Winter
CBOD5 15 mg/L 20 mg/L
TSS 20 mg/L 20 mg/L
NH3-N 6 mg/L 12 mg/L
3.
Mr. Mike chandler
Mr. Paul Acre
Mr. Mike Hood
September 10, 1992
Page 2
The lack of more stringent standards is highly unusual
considering the fact that the discharge stream is Otter
Creek, which feeds into Fourche Creek, which flows 20
miles through Little Rock. Further, Fourche Creek flows
through Hindman Park, which has many diverse public uses
including fishing, picnicking, softball, and a public
golf course. With Shannon Hills discharge flowing
through the most heavily populated area of the State,
more stringent values for CBOD5, TSS, and NH3-N are
certainly appropriate. Also, numerous additional
parameters, routinely included for discharges into small
tributaries such as Otter Creek, would be a D.O. limit of
6.0 mg/L, heavy metals limits, dechlorination, and
biomonitoring.
The "desk top model" that ADPC&E refers to in their
letter of March 31, 1992, should be reevaluated in
determining appropriate discharge limits for the proposed
new Shannon Hills Wastewater Treatment Plant.
S.Y.D. 142 Connection Fee
A fee of $100,000 up front and $181,000 paid out at
$36,000 per year is proposed to SID 142 for Alternatives
B (constructed wetlands) and D (sand filter system),
which would not even use the oversized line constructed
by SID 142 for the purpose of serving Shannon Hills.
This payment is discussed on pages 131 and 131a of the
Facility Plan.
LRWU Proposed Compromise service Charges are Less than
the Original Contract Rate
In 1989, Shannon Hills signed a contract with LRWU for
treating Shannon -Hills wastewater -at "the treatment rate
for the District $1.10/100 cf" (see Page 6). On Page
146, the Facility Plan notes our current proposed rate
for Shannon Hills is $1.06/100 cf, which is less than our
1989 proposed fee.
4. Constructed Wetlands Annual Cost Unrealistically Low
On page 129, Table 2, "Annual Wastewater Treatment O & M"
includes some unrealistically low annual O&M values for
Alt. B, the Constructed Wetlands. The laboratory costs
are shown as $720.00 per year. Assuming there is a
sample once per week for CBOD5, NH3-N, TSS, and fecal
Mr. Mike Chandler
Mr. Paul Acre
Mr. Mike Hood
September 10, 1992
Page 3
coliform, the monthly cost would be in the $500 range
with an annual cost of $6,000.00. Secondly, the "Site
Main" (meaning site maintenance), annual fee of $360.00
is the same for "Alt. All, connection to Little Rock as it
is for Alt. B., the Constructed Wetlands alternative.
The connection to Little Rock would have no maintenance
other than reading a meter, versus the Facultative
Lagoon/ Wetlands which would need multiple visits each
week, checking disinfection, etc. The Constructed
Wetlands alternative would cost far more than $360 per
year for "Site Main".
5. Unreliable Data Collected for Design
The cost effectiveness of connection to Little Rock,
determination of the collection system's need for
rehabilitation, and the sizing of the constructed
wetlands all depend on the collection of accurate flow
measurements. on the collection system and accurate
wastewater analysis. Neither accurate flow or wastewater
data is presented in the Facility Plan.
A. Wastewater Characteristics Data uestionable
On Page 40, the Facility Plan states "The engineer
recommends that the above documentation should not
be used for design," referring to the inaccuracy of
plant influent testing. Bond Consulting Engineers
then decide on Page 40 to use a BOD value of 194
mg/L "calculated in the Future Planning Analysis of
this report."
B. Unreliable Data Collected During I/I Analysis
On Page 21, the field data collection for the I/I
Analysis is discussed. It is noted that, during
the field data collection period, the total system
flow meter "has not performed consistently
throughout the two month period mandated by ADPC&E
for the analysis of I/I." Another six months has
passed since the I/I Analysis, and the records of
wastewater flow rates pumped since completion of
the I/I field data collection should be evaluated.
Mr. Mike Chandler
Mr. Paul Acre
Mr. Mike Hood
September 10, 1992
Page 3
6. Constructed Wetlands Unproven Technolo
An internal memo from the Department of Health and
Hospitals, State of Louisiana, dated 10/17/92, states:
"Effective immediately, all regional district engineering
staff are NOT to approve any more Rock Reed Filters/
Constructed Wetlands until they are further evaluated."
ADPL&E personnel should follow up with Louisiana
personnel concerning the status of constructed wetlands
prior to approving any additional constructed wetlands in
Arkansas.
ADPC&E, in conjunction with USEPA, is scheduling to study
the current constructed wetlands now in operation in
Arkansas and some in surrounding states to determine
their performance.
With serious questions concerning constructed wetlands
existing in an adjacent state, and Arkansas preparing to
study the system's effectiveness at several existing
facilities, prudent engineering practice would dictate
that this technology should not be used at this time for
a plant that can affect the 185,000 citizens of Little
Rock.
7. Public Health Issues
A. Public Contact Issues
Shannon Hills is proposing to build a facultative
lagoon, followed by constructed wetlands, on Otter
Creek which then flows twenty miles through the
most densely populated- part of the State of
Arkansas, risking contact with the population of
185,000. As noted in Item #3, the effluent from
Shannon Hills would flow through Otter Creek which
empties into Fourche Creek, where citizens of
Little Rock fish. Fourche Creek also flows through
Hindman Park where numerous recreational activities
take place including softball, golf, and general
outdoor activities.
Mr. Mike Chandler
Mr. Paul Acre
Mr. Mike Hood
September 10, 1992
Page 5
B. Mosquito and Other Insect Infestation
The proposed facultative lagoon and wetlands will
become a breeding ground for mosquitos and other
insects. An elementary school and major food
distribution center are located within one mile of
the site, as are several residential areas,
including the City of Shannon Hills.
C. Solution to Protection of Public Health
The most prudent way to protect the public from the
threat to public health originating from wastewater
from Shannon Hills is without question the
connection of Shannon Hills to the Little Rock
Wastewater Collection System. Shannon Hills'
wastewater would then be treated at the Fourche
Creek Treatment Plant which has one of the best
compliance records in the State of Arkansas over
the past four years.
8. Alt. A - Connection to Little Rock AllegedlV Resulting in
Construction Cost Being too Hi h
On page 137, the total cost to connect to Little Rock
with two feet of pipe is shown at $90,000. Some
questionable items in the table include $10,000 for legal
fees, $4,500 for the I/I Study, and $3,000 for an
Operations Manual. An I/I Study was completed for the
201 Facility Plan and Little Rock funded the $10,000 cost
in 1989 to draft a connection contract with Shannon
Hills. The need for an Operations Manual seems
questionable.
9. Non --Compliance With ADPL&# Redundancy Design Guidelines
The "Configuration" section of the ADPC&E Wetlands Design
Guidelines state that "Total Cell Volume and/or area
should be based on one cell out of service." The Bond
Engineers' preliminary design calculations for wetlands
do not comply with the design guidelines for redundancy.
Four wetland cells are proposed with all four constantly
in operation.
The Tennessee Valley Authority (TVA) design
considerations referred to in the ADPC&E Design
Guidelines recommend on Page 5 "draining each cell on
rotating intervals" to enhance mosquito control.
Rotating cells for draining would reinforce the,need for
a fifth redundant wetland cell for Shannon Hills.
I
Mr. Mike Chandler
Mr. Paul Acre
Mr. Mike Hood
September 10, 1992
Page 6
In addition to the comments contained in this letter, we share
the same concerns expressed in the letter dated May 28, 1992 to
John Griffin, Chairman of Shannon Hills Water, Sewer, and Fire
Protection Improvement District No. 3 from Paul Acre, P.E., Project
Engineer, Construction Assistance Division of the Arkansas
Department of Pollution Control and Ecology. The comments by Mr.
Acre should be adequately addressed before proceeding further and
we respectfully request the opportunity to review any responses to
the matters raised in Mr. Acre's letter, as well as the right to
comment further.
Please make this letter a part of the permanent file in
connection with the captioned matter, and I would welcome the
opportunity to discuss our comments and objections at your earliest
convenience in order to expedite a resolution of this matter as
quickly as possible. These comments and objections have been
prepared on the basis of the analysis of Rick L. Barger, Director
of Operations, and approved by me for submission to you.
Yours truly,
IR re'
A. Corbitt
Manager
RAC/ jbm
cc: Harold MacIntire
Charles Brown
Sam Jones
Tom Dalton
Tom Carpenter
Rick Barger
Don F. Hamilton
Sewer Committee Members _-__ --
The Arkansas Democrat -Gazette, Sunday, February 23, 1992
- 6 -
BrJdt S_W1 PE` si
mmD=116=et( Slaff wrtv� A`
Fvr at :TealIour
Sha6tion t( Hills' ;,WaW_
.. L 6 e
treatY-b e e n'.-
vione'., t"I: hik,
Otter-,Cri
statt!,r
lot iabtieb'2
--penalties
Qntrbl ;i
o
Sion •• ate
thA.%wteIkpOHtItiI
, s w
A6
Z d e Improyem s-'
Blrio
uaup on a
.ae
called. him.: last w -16:
jk-� tfiitj,,:.-who- ab eg
Rialw- _bnt outiothe c6m** issiqlt:
-1bld'441
&W
loll
u in9
!.
t.W
-w- fenn- th
;... Ij
_0
_Ing
4io g; no-
sewage.
"The whole thing depends
on how much more can'people
in. Shannon bills pay for utility
'service than people in Little
..Rock," Brown said.
ing sewagb,i6 Shannon Hills
Sa11ne
pp��� r p .-
.trnpravem t'; -:district had �al-'
Cae►riiy
ready use . a $150,ODI
shanndV
from the Farmers -Home 'Ad-� i
wasm+++raWf
HIIJs_
ayContinued from Arkansas'
minis#:ratiivi� to build r .con-
Wasment plant
•evidence 'the plant is harming
nectiuig line:;«
It lacl�s::about two.,+�eet of
.:; �: , -
i]istr�et: 142 11 'led to be-
.the creek PC" offiMals :cit-
''connected,",:,;Charles .
lieve, among other thiizgs,
iuig.;a shortage -of'manpower,:'
:1taXe ' taever_;ordei'ed :#esta:;,:of
.being
Brown,..the:'disirict s, a#torney,
""M
_that
the Shannon Hills tie=on would
water. qualiityxn thejcreel v� ,;
But a Decerrmber' 4087 test.of
said:
The rate. change by.,the.,Lit
be facilitated by its customers
not being required to pay more
effluent 'from the -plant -- the
tle Rock utility wouiil�"raise
Shannon Hills' �monthly.--biU,
,
than -retail rates .that would. y
Rock) dity "e d - is -would gay
ear"lie'st; such record availible"'
-aBthe �PC&E - showed =it -con-
shared .by . about _550 -'house-
off:: the :ver real +prospect ri :a
#airied eight times as rrtany,sus-
state::per-
holds; from $7,500 to • ,about
17,000, Brown ra>d �.t e
$ _•
xiholesee' rate which would,b6
e;' ri bettertfox:Pub f," lawyer
;lpeiuded solids -as its
allows- :Similar'violations
Rock charges 150 percenf; o -its
? - '"
Sappuel Joties� _wrgte"il:o_,the
ziit
bf'.ihe permit have -continued
in -city rate to'treat out -of -city
PR
morsthiy since then. ; : �.,
sewage.- _ ; "�_::
The other option is for
:.�
�Lttle ,Rock utility officials
�% -. The tributary :: joins - Otter
Creek the; :discharge
,
Shannon Hills-'to�build s new
lii�spntg3ones;aceduizt'-
:.near:
:p;oint. Otter- creeek,-i:
=plant;or improve the existing
one. The PC&E`'has given the
:.g{j&E. records raise ques-
about 'the, improvement
through gindrnan Park -in --Lit
Rock, runs into: Fourche
improvement district prelimi-
,distzict's alility;,to `operate a
.119
r Creek -and finally ]Mins the AxL
'
nary approval for a $800,000
loan from the: Agency's revolve
-.waste water. treatment" plant
eff`xciently. Workers-:• at the
kansas River... % "� : ; :.:.:.
".That's contrary.. to .t -the
,
ing loan fund:
The mdnthly sewer charges
-Shannon Hills .treatment plant +
have told inspectors iti�ras nc '
.Health and.welfare_of the.city
h
of L'ttle Rack,'.-'.. eggier.C,o hitt
r '
1 �"
,
needed to ,pay }pack tie -loan
-$10;0 less
wkl maintained by past opera -
- A inspection in i
- • tr
manager: of'Lit d, ock,s wa;;te :4
I '-�
�
:wou'Id''be-'about
than -the: Dost ot'tying:onto the
.PC&E «.
Zde 1989 found the plant .in
Water utility,0,�id:3-- ��2 �:�
There •app¢ar-Wo Ile -,two -.al-
I�ittl¢ =Rock:? systems; .:Brown
P lete disrepair," much of '.
-
ternatives, but .nether pis t5re.L
=,
said.But ]Viabelvale-Alezaader
_cots
'fie ' machinery for treating
waste water inoperable: ;
of drawbacks..: ;
One is;foitthe`Sltsaitak�iHills;�'
.
Seer 7rnpQvem1S.Distr'rgt;..
1`A:'wouid object #o a#�
:.
"Sometimes we have not
m rovement. disfct�ka'send
p..
:`tts:sewage'to Littl x--11 ie
.any.
tempt by. Shannon Hills to
- . had the -best operators," Grif-
��
"But
build or improve its own plant-,
lin said. at this time we
�tiseated bypas$ing„on
r�laat i�itd' tying: into Y sewer
According, to its” lawyer, the
Mabelvale-P�lexander- district
have a highly: qualified per-
son."
•iirfc. owned. -by theoMabelvale-
spent "sevalhundrethf
i
Alexander sewer o-
'district. That wad t plan
sand dollars" to expand its sys-
Aemin
Representatives -of , the
Sewer systems and therPC&E
'ilritil last spring,.,,. ,`Little
Rack raised its rates for,treat�;;
antici.pation.ofShannon...
, Hills tying on:: _
-Fare to meet next month, and
theHills commission-
;.
,Shannon
ers will -ask Little Rock to
lower its price for treating
sewage.
"The whole thing depends
on how much more can'people
in. Shannon bills pay for utility
'service than people in Little
..Rock," Brown said.
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NOTES: RECYCLE PUMP C LINE TO BE USED _ CNS
DURING EMERGENCY LOW --FLOW PERIOD
TO PROTECT PLANTS 1N FILTERS.
TENATIVE LAYOUT SHOWN, SHALL BE SHA(
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ALT. 'A' ALT.'S' ALT.'D'
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"I"t ■N STATE OF ARKANSAS
rte`: r`� DEPARTMENT OF POLLUTION CONTROL AN
'4• CONSTRUCTION ASSISTANCE DIVISION
¢8101 INTERSTATE 30, P.O. BOX 8913
ar
LITTLE ROCK, AR 5 72219-8913
PI : (501) S74:2RX
AX: (501) 562-1541
December 18, 1992
Reggie A. Corbitt, Manbqer
Little Rock Wastewater
221 E. Capitol
Little Rock, Arkansas 72202
Re: CS -050709-03
Shannon Hills W., S. & F. Improvement District #3
Dear Mr. Corbitt:
This letter is in follow-up to our September 30, 1992 correspondence
regarding the Shannon Hills Facility Plan. We have Evaluated the
information in the facilities plan, as well as, the additional data
from the consulting engineer for Shannon Hills, Mr. Tim Lemons, PE, of
Bond Consulting Engineers, Inc. (hereon referred to as "The
Consultant").
By this letter -we will attempt to address the questions in your letter
of September 10, 1992 and explain our position. The following is a
response by item number:
1. The discharge limits for Shannon Hills have been adopted by the
Arkansas Department of Pollution Control and Ecology (ADPL&E)
Water Quality Management Plan (WQMP). The Construction Assistance
Division (CAD) is guided by the water quality limits determined by
the Planning Section of the Department's Water Division. Requests
for reevaluation of the limits imposed by the Water Quality
Management Plan should be addressed directly to the Chief of the
Department's Water Division, however, a response to your comments
is provided below.
Based on information provided by the Water Division, the discharge
limits proposed for Shannon Hills will meet all water quality
regulations. These limits will maintain a 5 mg/l dissolved oxygen
level in the receiving stream for winter months. Because the
water shed area above the point of discharge of the receiving
stream is less than 10 square miles, a 2 mg/l dissolved oxygen
standard was used for summer months.
As to heavy metals limits, there is no State standard.for heavy
metals. Any required limitations are based on the results of
biomonitoring and local pre-treatment standards. Because Shannon
Hills is classed as a minor discharger and there is no known or
suspected industrial discharge, dechlorination and biomonitoring
will not be a permit requirement.
r
-2-
In summary, the discharge limits developed for Shannon Hills are
in compliance with all State Water Quality Standards and the
limits are not presently under consideration for change.
2. We are not a party to the contractual arrangement between Shannon
Hills and Sewer Improvement District #142; however, it appears
that the direct and indirect costs are appropriately addressed in
the economic comparison of alternatives in the facility planning
document. Shannon Hills has apparently entered into a settlement
with District #142 for $100,000.
3. Again, it appears that the direct and indirect costs are
appropriately addressed in the economic comparison of alternatives
in the facility planning document.
4. The explanation from Bond Consulting Engineers indicates that
reference was made to a Benton, Louisiana facility for estimates
on cost of operation. Although these costs may appear to be low,
the overall sewer budget appears adequate to operate the system.
By our analysis, a projected increase of three (3) times the
engineers estimate for cost of operation only results in an
increase of the total Present Worth (PW) by only $97,000 for a
total.PW of $2,237,321.00. Therefore, this issue alone does not
change the selected alternative.
In a review of the capital and annual costs associated with the
two primary alternatives, it was determined that.annual costs for
the wetlands alternative would have to increase by $25,861.00 per
year before the connection to Little Rock became the most cost
effective alternative. A summary of the review is enclosed.
5A. The approach used by "the consultant" appears to be a conservative
and logical approach. The engineer used a typical textbook design
parameter instead of the unusually low analysis from an influent
grab sample.
5B. True, I/I data appeared to be flawed, however after further
examination we estimated that reducing waste water flows to as low
as 42,000,000 gallons per year (which is the amount of water used
by Shannon Hills last year) only results in reducing the PW total
for Alt. A to $2,435,309.00. The consultant reported that they
contacted the manufacturer of their wastewater flow meter and had
determined that the meter was working properly. After making
allowances for a time period during which a line across otter
Creek broke allowing a large inflow, they found that the measured
average flow data was consistent with the design flow they had
chosen. The explanation and data appears to be acceptable.
6. Arkansas did investigate the apparent problems that Louisiana was
having with constructed wetlands and it was determined that the
design criteria that Louisiana was using differed significantly
from that used in Arkansas. The Arkansas design used a much
larger area and a lower cross sectional loading. Louisiana has
since adopted design criteria more in line with that used in
Arkansas.
-3 -
As you know, Pollution Control and Ecology has an ongoing program
for evaluating the effectiveness of the constructed wetlands
treatment process. The latest, preliminary findings from the
program have been shared with the consultant. These findings
indicate that shallower beds should be considered.
Although "Constructed Wetlands' (CW) are relatively new, it is a
proven treatment concept. As with any new process, mechanical or
otherwise, the design parameters are being refined as experience
dictates. As always, the system requires appropriate operation
and maintenance. ADPC&E through the support of EPA Region 6, has
funded several CW projects in Arkansas. In addition, our
Construction Assistance Division and Water Division engineers have
worked closely in an effort to refine minimum construction
guidelines for CW in an effort to avoid some of the design and
operational problems encountered in Louisiana. We believe our
minimum design guidelines are acceptable and presently have no
basis upon which we could justify the dismissal of CW technology
from consideration.
7A. Public health is of utmost concern; however the proposed CW for
Shannon Hills meets Department design guidelines for disinfection
facilities and Water Quality Standards for secondary contact
recreation.. Water Quality Standards for primary and secondary
contact recreation are considered adequate by the Department of
Health for the protection of the public health.
However, in response to your comments, the Construction Assistance
Division will recommend to the Water Division that disinfection
requirements be included in the modified permit to meet primary
contact standards, rather than the secondary standard that Shannon
Hills would otherwise be subject to.
7B. Any waterbody (freshwater or wastewater) has the potential to
provide habitat for mosquitoes or other vectors. NPDES permits do
not directly address the regulation of vectors at wastewater
treatment facilities, however adherence to State standards and
guidelines in the design and operation of the facilities will
minimize potential adverse impacts. it is our opinion that the
project should not be turned down based on the possibility of
problems with mosquitoes and other vectors.
7C. We agree that the elimination of point source pollution is
desirable. However as long as Shannon Hills, in working with an
approved consultant, can reasonably design and construct a
facility that can meet state water quality standards, the present
rules & regulations under which we operate do not allow us the
flexibility to deny Shannon Hills a loan on this issue alone.
8. To participate in the RLF program, an I/I Study, Facility Plan and
Environmental Information Document as well as legal services are
required. The consultant considered the legal costs for the
negotiation with S.I.D. #142, the development of the Facility
Plan and the review of contract documents for connection to
-4 -
Little Rock. Construction costs were attributed to the
abandonment of the existing wastewater treatment facility. The
estimated costs for these and other items noted in the Facility
Plan for connection to Little Rock may appear to be high, however,
it is my opinion that the costs provided in the Facility Plan
appear to be reasonable for participation in the RLF program.
9. I agree that the preliminary design did not account for BOD
loading with one cell out of service. Although the preliminary
design did not incorporate our latest guideline criteria, the
consultant for Shannon Hills used conservative assumptions for his
design and this issue can be easily remedied with minor design
changes. The total wetland area proposed by the consultant will
meet the minimum criteria for redundancy. Therefore, I conclude
that the "preliminary design" can reasonably meet our guidelines
for redundancy.
Also enclosed is a copy of the response to us by the consultant
pertaining to your questions. Other issues concerning this project may
result in further delays or penalties to Shannon Hills from the RLF
program or enforcement. However, the issues pertaining to your
correspondence of September 10, 1992 do not in our opinion provide
sufficient evidence for project dismissal.
To update you on the current project status, the environmental review
of the Shannon Hills project has not been completed and is now not
scheduled to be completed until possibly June or July 1993. Shannon
Hills plans to obtain a special use zoning permit from Little Rock and
would have until June 14, 1992 to obtain the permit and still meet the
present Memorandum of Agreement schedule.
Sinc ly,
Paul Acre, P.E.
Project Engineer
PA/MH/paa
Enclosure
cc: Charles Brown; Brown and Associates Attorneys
Don F. Hamilton; LRWWU, Staff Attorney
October 1, 1992 B
Mr. Paul Acre, PE
Arkansas Department of Pollution
Control and Ecology
8108 Interstate 30
Post Office Box 8913
Little Rock, AR 72219-8913
RE: Shannon Hills Water, Sewer & Fire Protection
Improvement District 1#3
Dear Mr. Acre:
This letter is in response to a letter of comments and
objection sent to your office from Little Rock Wastewater
Utility, dated September 10, 1992, as pertaining to the
Facility Plan submitted for the Shannon Hills Water, Sewer
and Fire Protection Improvement-bistrict #3.
Enclosed with this letter is an Addendum to the Facility
Plan for the above said entity. In this addendum the fol-
lowing items are discussed: S.I.D. #142 -connection fee;
rebuttal to LRWW comments as pertaining to proposed com-
promise service charges; rebuttal to NLR comments as per-
taining to statement concerning constructed wetlands cost
unrealistically low; rebuttal to LRWW comments as pertaining
to unreliable data collected for design; rebuttal to LRWW
comments as pertaining to opinion that constructed wetlands
an unproven technology; comments related to public health
issues; comments as pertaining to statement by LRWW as per-
taining to connection to LRWW allegedly resulting in con-
struction cost being too high; and comments to LRWW opinion
of non-compliance with ADPCE and Redundancy Design Guide-
lines., as pertaining to Alternative B, Constructed Wetlands.
Please include this addendum in your files. Upon your
review_, the -addendum will become part of the Facility Plan
previously submitted.
Sincerely,
Tim ,me ons, PE
Enc.
cc: Mike Chandler, ADPCE; Mike Hood, ADPCE; Charles Brown,
Attorney; Jim Ort, SHWSFPID#3; Hugh Christophel,
SHWSFPID#3; John Griffin, SHWSFPID#3; Don Hightower,
SHWSFPID#3 .n1/
Bond Consulting Engineers, Inc.
ff
ADDENDUM #1
FACILITY PLAN
(Dated April, 1992; Revised August, 1992)
SHANNON HILLS WATER, SEWER & FIRE PROTECTION
IMPROVEMENT DISTRICT #3
October 1, 1992
This addendum shall be included with, and become part of, the
Facility Plan document presently on file with CS -050709-03,
at the Arkansas Department of Pollution Control and Ecology.
Item 1. S.I.D.#142 Connection Fee
Attention is called to pages 131 thru 132 of the
Facility Plan. for discussion on this topic. At
the time of preparation of this document, S.I.D.
#142 and the Shannon Hills Water, Sewer and Fire
Protection Improvement District #3 (SHWSFPID#3)
were negotiating a settlement on the said connec-
tion fee. Enclosed you will find a letter ad-
dressed to the design engineer from Charles Brown,
attorney for SHWSFPID#3, dated September 21, 1992,
addressing the proposed settlement. Simply put,
SHWSFPID#3 will pay a one time, lump sum fee of
$100,000.00 to S.I.D. #142 for full satisfaction
of the agreement. If SHWSFPID#3 decides at a
future date to connect to S.I.D. #142, the remain-
ing $181,000.00 would be paid as discussed. To
substantiate this claim, attention is called to an
approved and signed agreement, between these parties
included with this addendum.
Item 2. LRWW Proposed Compromise-Servi-ce—Charge
Attention is once again called to the letter from
Charles Brown, dated September 21, 1992, for an
indepth discussion on this topic. It should be
pointed out that the $1.06 per 100 cubic feet sewer
treatment charge proposed by LRWW, as discussed in
the Facility Plan,-is'tentative and has not approved
by the Little Rock -Board of Directors.
jQ� �I r, 1992
Item 3. Constructed Wetlands Cost
The LRWW letter is critical of the estimated amount
budgeted annually for treatment 0 & M for Alterna-
tives A and B. First, the laboratory cost estimated
for Alternative B are based on the requirements
associated with the existing permit, taken once a
month. The present cost per month for testing is
$60.00. However, if additional testing is required,
the added cost can be covered under Miscellaneous
items of the annual estimated collection 0 & M (Page
128, Facility Plan). Second, LRWW questions the
Site Maintenance item of the 0 & M Estimate for Al-
ternatives A and B. From inspecting Table 2, Page
129,.one will discover that site maintenance is the
same for all three alternatives. Although the Con-
structed Wetlands and Sand Filter systems will require
more "site maintenance", in which items are given in
said table for mowing of levees, harvesting of plants
and filter grubbing, with the connection to LRWW,
-SHWSFPID#3 would be forced to do monthly inspection
and maintenance of the 1 mile force main between the
entities and air relief valves. Attention is called
to the enclosed "Treatment Plant Expenses" as per-
taining to the Town of Benton, Louisiana.�;constru4ed
wetlands treatment plant. This plant continues to
discharge effluent well below the preliminary limits
set for SHWSFPID#3 but has a contributing population
of 2,950 individuals. However, the estimated treat-
ment 0 & M costs should be similar. The actual total
costs for the Benton plant is $4,357.25, or $1.48 per
individual. This cost includes phone, electric,
gasoline, the repair of PH meter, regulator repair,
film, slides, and ball bearing replacement for motor,
none of which is stated in the Alternative B 0 & M
estimate for SHWSFPID#3. It -should also be noted
that Benton includes pumping cost in their treatment
-costs. All pumping cost.associated with each altern-
ative for SHWSFPID#3, is included in the estimated
collection OM & R. However, these costs are included
in the estimates for collection O,M & R for SHWSFPID#3.
Still, the estimated treatment 0 & M for Alternative --B
is approximately $2.00 per individual, well above that
actual cost for the Benton plant.
In short, the cost for mowing levees and plant harvest-
ing, for SHWSFPID#3, could be added to the cost esti-
mated for site maintenance, providing a budget of
$1,640.00 for "SITE MAINTENANCE".
Item 4. Data Collected for Design
(a) Wastewater Characteristics.
In the letter of September 10, 1992, LRWW discusses
the statements of the design engineer presented on
page 40 of the Facility Plan. According to LRWW,
these results are questionable. LRWW may possibly
be correct in that if one averages the collected
influent sample data, from tests performed prior -to
the development of the Facility Plan, the results
are as follows:
BOD (mg/1) 53.20
TSS (mg/1) 73.50
pH 6.80
Fecal (per 100 ml) 11933.30
As stated in the Facility Plan, this information is
substituted with a much more conservative criteria
for the simple reason of logic. Although the influent
test data was collected over a period of days and
remains somewhat consistent, this use of this laboratory
data would be ludicrous. Therefore, the conservative
criteria is developed and used as demonstrated in the
Future Planning Analysis of the Facility Plan. The. use
of more lenient data would not serve in the best in-
terest of SHWSFPID#3.
(b) I/I Analysis.
As per the request of ADPCE, the design engineer has
further investigated the flow from the SHWSFPID#3 as
pertaining to the amount of wastewater originating
from the collection system. According to the manufac-
turer, the metering station has and is operating in a
satisfactory manner. From November 15, 1992, to
August 30, 1992, 55,068,700 gallons has flowed through
the meter. This period represents 289 days, with a
per person flow of 116.5 gallons per day (based on
1635 people). However, a major sewer line break occured
at the Otter Creek -crossing in December, 1991. During
this month, 9,314,600 gallons flowed thru.the meter.
Since this number is not representative of the remaining
month, we must deduct its numbers from the analysis.
With this in mind, 45,754,100 gallons were sent thru the
meter in 258 days, making the average 108.5 gallons per
person per day. Therefore the design flow of 111.7
gallons per person per day is consistent with the actual
flow.
Item 5. Constructed Wetlands Unproven Technology
In the LRWW letter; attention is called to a letter
from the Department of Health and Hospitals, State of
Louisiana which states: "Effective immediately, all
Item 6.
district engineering staff are NOT to approve any
more Rock Reed Filters/Constructed Wetlands until
they are further evaluated." It seems apparent
that LRWW may be attempting to discredit the Con-
structed Wetlands systems based on this remark.
Upon further investigation, the concern expressed
in Louisiana was not to question the ability of
the constructed wetlands system, but to assist the
Louisiana Department in the implementation of stan-
dard design guidelines for this source of treatment.
Unlike Arkansas which has previously established
strice guidelines for design, Louisiana was allow-
ing the construction o these systems in almost any
form submitted. In essence, there were a number of
variations of the constructed wetlands following
little to no design guidelines.
On the other hand, ADPCE has cautiously developed
the existing design criteria for constructed wet-
lands prior to -the construction of the first system.
According to ADPCE, Louisiana's new, tenative design
guidelines almost completely mirror.those adopted by
ADPCE sometime ago.
Public Health Issues
(a) Public Contact Issues.
The comment expressed by LRWW, as pertaining to the
health risk with the installation of a Constructed
Wetlands, must be unaware of the present condition
of the existing wastewater treatment facility operated
by SHWSFPID#3. The facility presently in use has
existed since approximately 1968. This plant is com-
prised of a samll primary clarifier, settling pond,
and a small source of aeration with an aerator placed
in the pond. It cannot meet the NPDES discharge
limits as presently imposed, the basic reason that
SHWSFPID#3 is pursuing the selection of a treatment
alternative. From examining monthly DMR data for
discharge effluent, as listed in the Facility Plan,
the average for BOD is 35.3mg l , and for TSS is
77.7mg/l, for -the existing treatment facility. Past
records indicate that the aerator has only been in
a consistent, full operating mode for only a short
time. Although not included in the Facility Plan,
the effluent BOD and TSS test results have been much
higher in recent years. The present operator has
performed minor adjustments to the treatment facility
and has substantially lowered the effluent perimeters.
Ironic to the stat"ements made by the author of the
LRWW letter, the discharge point for the existing
treatment facility is Otter Creek. Therefore, the
residents in question have been receiving the
effluent from a now "out dated" treatment plant
for 24 years. To our knowledge, there are no
significant health problems associated with the
discharge as it exists. Since the proposed Con-
structed Wetlands will be designed to meet the
impending NPDES permit limitations, which are
much more stringent than the quality of existing
'discharge into Otter Creek, the concerns expressed
in the LRWW letter deserve little merit.
(b) Mosquito and Other Pest Infestation.
Concern is expressed in the LRWW letter as pertain-
ing to the location of the proposed Constructed
Wetalnds in respect to schools and major food
distribution center, and the residential areas
including Shannon Hills. Included in this addendum
is a warranty deed which describes the proposed
treatment plant location if Alternative B is selected.
The facility would exist within a mile of the areas
discussed above, however, the existing treatment
facility, which has been in existence for 24 years,
presently exists within 250 feet of the largest
residential area in Shannon Hills. The proposed
facility is planned to exist at a distance further
than the existing facility. To out knowledge, there
has not existed an abnormal mosquito or related pest
infestation problem even with the existing system,
which includes a faculative pond.
Item 7. Cost for Connection to LRWW
In the letter from LRWW, questions have arised as to
the expense for each item. In this letter, it is
assumed that by its content, the analysist which
reviewed the Facility Plan does not realize that con-
nection to LRWW would still require the abandonment
of the existing treatment facility, as well as the two
feet of pipe•to complete the connection. The legal
fees listed for this alternative inlcude the negotiating
with S.I.D. #142 as pertaining to the connection fee,
legal resources necessary for the development of the
Facility Plan, and legal services required for the
review of the contract docuemnts associated with the
construction of Alternative A, to name a few. The I/I
study, Facility Plan and Environmental Information
Document are all included in the $45,000.00 fee for
this alternative. Irregardless of the alternative
selected, these items are required for participation
in the RLF program., as well as the requirement of a
operations manual.
BOND CONSULTING ENGINEERS, INC. JOB N0.
1010 S. REDMOND ROAD DATE
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—PQ.W Off c.t ' Of
Charles A. Brown, P.A.
Sandra L. Sherrod
September 21, 1992
�24a&l (LA 13zo�n, ./ C -7q.
Brown & Associates, Attorneys
3UIrC'$TO U191011 11ATI01VA1. rLAZA
12.1 WEST CAPITOL AVENUE
LITTLE ROCK, ARKANSAS 72201
TELEPHONLr 501.37,4.7582
PAX 301.374-7504
Mr. Tim Lemons
Bond Consulting Engineers
1010 So. Redmond Road
Jacksonville, -AR 72076
RE:
Application of Shannon Hills Water, Sealer & Fire
Protection Improvement District No. 3 for Constructed
Wetlands Treatment Facility with Arkansas Dept, of
Pollution & Control
Dear Tim:
S recently faxed to you a copy of the Little Rock wastewater
Utility's objections, which they have filed with the Department of
Pollution Control. & Ecology. S asked the manager of the Waterworks
Sewer Department at Shannon Halls to contact you to get your
comments upon matters dealing with the engineering portions of
their complaints
I have also informed you I would write you a ,letter regarding Items
No. 2 and No. 3 on the second page of their comments, insofar ap I
am the principal person who has knowledge about those two points.
As to paragraph 2:
As I previously informed you, an agreement has been reached between
the counsel for Shannon- Hills Water, Sewer & Fire Protection
Improvement I?istrrict No. 3, and Mabelvale-Alexander Sewer
IRIProvement District Na, 142, For the settlement of claims between
the two Districts. You will recall that -historically, Mr. Tommy
Bond, who was then the engineer for the District, was contacted by
the engineers for District 142 and,
Mr. off.ic?al Hoard action,
r, Band requested that the engineers for District; 142 enlarge the
size of the pipes being placed under Interstate 40 to accommodate
the anticipated 'sewage from tje Shanno-i'Hills and the south Otter
Creek drainage area in anticipation of'a future tip -on by Shannon
Hills to the outfall lines. No formc-1 acceptance of Mr. Hondas
request was ever made by the Sharron H -FIs Bo&rd, but the Board
W
-2-
FOR
and in `'fact,
became knowledgeable and did
kdino re pOnse toect the
the sizing,
emphasis from
the
during 1985 through o r did negotiate 9
Department of pollution Control & Ecolo9Yr our response to
District 142 and the Little Rock Waspts mentioned, cility to tie into
Dof 1991,
their lines ainfra, during ll of 1990 and the spring
paragraph 3, durin
ically thwarted.
this effort was econom
However, Shannon Hills No. 3 has recognized some responsibility
elinesi under for
the
H° of the size of District
the increasing were requested to pay approximately a
Interstate. We originally sizin but negotiated an
half a million dollars for the up- g' to pay
agreement, in anticipationthe he 07.676% ontheunpaid
$281,000, plus interestcommE,ncing when District 3 tied
balance, payable $36,000 per year,
onto District 142's lines.
The Little Rocward
k Wastewater Utility's comments o reach a mi directed
g eementowith
the efforts of Districtutwo tont contingencies.
District 142 based up
(a) in event that the Constructed Wetlands are approved; or
The Constructed Wetlands are disapproved and we have to
(b)
tie into the City's treatment facility and use District
142's lines.
Attached Exhibit "A" is an unsigried copy of the agreement that has
been approved by the attorneys
and should be executed by both
oct
ber 28,
parties soon. Essentially, what it states is that by QO° of the
from deposits on hen riding the District
line in�t:he ll origi al $100,000
onstruction
increased costs of expa g ations that No. 3 has to District
in full satisfaction of an oblig
& EcolocY� and, Distract 3
142. In the event the Constructed Wetlands Treatment Facility is
sat�.sfactory to pollution Control
concedes satisfactorily 'with construction, the $100,040 ends all
payments to No. 142 rove the
in the event that pollution Control & Bed Wetlands nthen ot pparagraph
Shannon Hills application for Constructed Wetlands,the
nal $261,000 be reinstated and even
5 provides that the orifi• and a credit of $100,000 be g.
contract terms reinstated, and over a period of
District No. 3 on the $281,000 obliq'jtionr aid. together with
eight (8) years the remaining $181.000 will be paid,
$30,4n
7.676% interest, in annual installments enc is my inevent that we do have
per year. This latter conti�ng Y expanded lines for
to tie into Dttleict Rock42's lines WastewateraUtilityd use tTreatment plant.
service to La.
-3 -
As to comment No. 2, there will be no operational costs payable to
District No. 142 if the Constructed Wetlands Treatment Facility is
approved by PC&E. Contrary to Little Rock Wastewater Utility's
comment, there will then be no continuing obligation for the
balance of the $181,000.
As to Objection No. 3:
This has been responded to previously, but probably to another
division or department of the Department of Pollution Control &
Ecology.
To put it in perspective, on November 19, 1985, when negotiations
were in process with the Little Rock Wastewater Utility to reach a
contract for the treatment of Shannon'Hills sewage, which negotia-
tions were prompted by the requirements of the Department of
pollution -Control. & Ecology, a request was made to reduce Little
Rock Wastewater Utility's sewer treatment charge from the "150% of
the in -city rate" for out -of -city sewer service connections. On
that date, the Little Rock Wastewater Utility stated by letter that
it was necessary for the Little Rock Wastewater Utility to receive
150% of the "in -city" rate for treatment of out -of -city sewage. A
copy of that letter is attached as Exhibit "B".
As a result of the requirement to tie into the City of Little Rock
Sewer Treatment Plant, negotiations continued with both District
142 and the Little Rock Wastewater Facility, and on June 60 1989,
District No. 3 entered into a contract with the City Board of
Directors and the Wastewater Committee based upon that representa-
tion and based upon Ordinance No. 15242 of the City of Little Rack,
which provided that the in -city rate would be 73¢ per 100 cubic
feet, and the out -of -city rate would be $1.10 per 100 cubic feet.
See attached Exhibit "C". , This contract for the treatment of
Shannon -Hills sewage was to take effect when Shannon Hills tied
into District 142's line and the Little Rock Wastewater Utility
began treating the sewage. It is inherent in the contract that
such event had to occur to trigger the payment of any sums.
After Shannon Hills commenced work in reliance upon the $1.10 per
100 cubic feet rate to be paid to the City of Little Rack, District
No. 3 established its budgets accordingly with various regulatory
institutions. The Little Rock Wastewater utility and the City of
Little Rock undertook a rate study by Alvord, Berdick & Howson in
April, 1990. That study included in the cost of the various
outfall lines and treatment plants all of the funds paid for the
trunk lines and treatment plant, although in excess of $25,000,000
had been paid for such improvements by a direct grant through the
Department of Pollution Control & Ecology. The Wastewater
Utility's expert included that cost in its amortization to justify
an increase in the out -of -city rates for a projected rate of $2.20
per 100 cubic feet. see page X/4 and X/7 to arrive at the $2.20
-4 -
per 100 cubic feet, plus $2.80 per 5/8" metered customer monthly
fixed charge. Even with this study and in spite of it being based
upon the grant as being part of the cost of the system for which
Little Rock Wastewater Utility expected a return, the City of
Little Rock amended its ordinance previously relied upon by
District No. 3, on March 51 1991, to even exceed the study's
recommended charge for out -of -city customers and adopted the rate
of $2.48 per 100 cubic feet. See the Exhibit of Ordinance 16018,
attached as Exhibit "D".
It was at this time that Shannon Hills realized that the City of
Little Rock, regardless of what Little Rock Wastewater Utility had
stated was taking the position that it could raise rates without
relation to any prior agreements on the percentage to be paid by
out -of --city customers, and that Little Rock could charge rates
based on anybody's contributions, and without regard to the
economic condition of the area served, and without regard for its
own previous contracts and representations. If District No. 3 tied
into the sewer system of the City of Little Rock, then the City of
Little Rock's Board of Directors could set rates at their whim and
pleasure, and the Shannon Hills users would be unrepresented on the
City Board. It was at this time that the decision was made to
seek ay feasible alternative to subjecting the Shannon Hills sewer
users to such economic stress by the City of Little Rock's Board of
Directors. The application for the constructed Wetlands Treatment
Facility was commenced.
Sometime in June or July, 1991, culminating in an Ordinance No.
16080, dated August 6, 1991, the City Board of Directors decreased
the out -of --city rates to 150% of the in --city rate of $1.06. The
out -of -city rate is $1.59 per 140 cubic feet. See attached Exhibit
"E", Ordinance No. 16080. District No. 3 is not aware if such
action was taken by the City Board of Directors because of the
pending. Wetlands application; or for other reasons, but it
certainly fits the time frame. Shortly after the August 5, 1991
Ordinance, the Little Rock Wastewater Utility inquired why District
No. 3 had not tied on for sewage treatment with the Little Rock
Wastewater Utility, and District 3's objections were voiced.
Multiple negotiations have been undertaken and although the City of
Little Rock rate is $1.59 per 100 cubic feet at the present time,
the Wastewater Committee of the Little Rock Wastewater Utility has
indicated that they would recommend a rate comparable to the in -
city rate. The Sewer Committee would ask the Little Rock Board of
Directors .to make an exception._ because Shannon Hills will also have
the cost of collecting and maintaining its collection system above
the cost charged by the Little Rock Wastewater Utility for merely
treating the sewage. A condition of such settlement was that the
Shannon Hills users would be required to acknowledge that they
would have to pay any rate that may be ultimately set within the
next 2 or 3 years, and thereafter, by the Board of Directors of the
-5 -
City of Little Rock. No assurance can be afforded No. 3 that the
City Board of Directors would not raise the rates "willie-nillie"
and for the sole interest of the City -of Little Rock.
District No. 3 prefers to proceed with the Constructed Wetlands
application and be subject to the regulation of the Department of
Pollution Control & Ecology rather than to subject itself to the
possibility of economic strangulation by the Board of Directors of
the City of Little Rock. It is no secret that the City of Little
Rock's Board of Directors are refusing to grant service to out -of -
city, and out -of -county customers for water, and now sewage
treatment, unless the applicants consent to annexation to the City
of Little Rock, regardless of the state of the law permitting
annexation across County lines.
Therefore, we feel that paragraphs 2 and 3 of Little Rock
Wastewater utility's,gomments and objections dated September 10,
1992, are: First, erroneous in its descriptions of the.District's
obligations; and, Secondly, somewhat misleading and an omission of
the City of Little Rock's Ordinance that is in effect at the
present time, and omits any reference to the condition for a
possibly short temporary "in -city" rate, that the City of Little
Rock's Board of Directors will have ultimate unfettered authority
over Shannon Hills rate making, and that No. 3 can expect such an
increase in 2 or 3 years.
I trust that you can use whatever portion, or all, of this letter
that is necessary to respond to the comments and objections
promulgated by the Little Rock Wastewater Utility's letter.
Yours very truly,
az, �, /" !� .
/, g -, - —
Charles A. Brown
CAB:rr
Encl.
cc: Secretary
Shannon Hills Water, Sewer & Fire
Protection Improvement District #3
-Q.W OffLcel of
i
Charles A. Brown. P.A.
Sandra L. Sherrod
September 24, 1992
Cga7-f� bq. Dzocvn, (I -D . c7T.
Mr. Paul Acre, P.E.
Arkansas Department of Pollution,
Control & Ecology
8101'Interstate 30
P. 0. Box 8913
Little Rock, AR 72219-8913
Brown & Associates, Attorneys
SUITE 1970 UNION NATIONAL PLAZA
124 WEST CAPITOL AVENUE
LITTLE ROCK. ARKANSAS 72201
TELEPHONE 501.374-7582
FAX 501.374.7584
RE: Application of Shannon Hills Water, Sewer & Fire
Protection Improvement District No. 3 for Constructed
Wetlands Approval - Response to Rumor that the City of
Little Rock May Sue the District
Dear Paul:
Mr. Lemons indicated that he had heard that a rumor was being
bandied about by the objector, City of Little Rock, that the City
of Little Rock would sue Shannon Hills dater, Sewer & Fire
Protection Improvement District No. 3, and would tie-up its
revenues. Since the attorney for Little Rock Wastewater has
previously alluded such to me, and I've alluded that we might sue
them, I think. it ought to be placed in proper prospective.
Your department has been furnished a copy of the contract dated
June 6, 1989, which has -a self determination date unless renewed at
the end of 15 years from June 6,'1989. A copy of the contract is
also attached.
Attached to this letter is a November 19, 1985, letter from Little
Rock Wastewater that was the basis for the agreement of June 6,
1989, for Shannon Hills to pay 1 1/2 times the in -city rate for
service. You will note on page 2 of the June 6, 1989 Contract in
paragraph 1, it is permissive for Shannon Halls to connect to the
Little Rock system. The first full sentence shows the permission;
and on page 3, paragraph 3{a}, the first sentence provides that the
monthly sewer service charges will be for service provided by the
Little Rock Wastewater. If there is no service provided, there can
be no monthly charges, obviously.
-2 -
Shannon Hills entered into the contract, as above mentioned, based
on the City of Little Rock's assurance that 150% of the in -city
sewer rate would be the maximum charge. You will note that
paragraph 3(b), of the attached Little Rock Ordinance No. 15,242
sets forth the in -city rate of 73¢/100 cubic feet, and, it also
sets forth the out -of -city rate of $1.10/100 cubic feet. At the
time the contract was entered into, that was the applicable
Ordinance and Shannon Hills understood that when necessary the in -
city rate of the City of Little Rock would be increased and that
future rates to Shannon Hills would be 1 1/2 times that in -city
rate as changed. During our construction, preparatory to tieing
into the City of Little Rock's lines, the Little Rock City Board of
Directors unilaterally breached the implied and essential term,
that out -of -city customers would pay 150% of the in -city rate.
Attached is Ordinance No. 16,018, wherein you will note that on
March 5,. 1991, the in -city rate was set at $1.06 per 100 cubic
feet, and the out -of -city rate was set at $2.48, or 233% of the in -
city rate. It was then that the Board of Commissioners of Shannon
Hills realized that the City of Little Rock had breached the basic
premise upon which its contract with them was bottomed, and that
the City of Little Rock claimed power to set out -of -city rates
without regard to previous commitments, contracts, and fair
dealing. In reliance upon this breach, Shannon Hills Board
proceeded with the Constructed Wetlands application knowing that
the citizens of Shannon Hills could at most only pay the estimated
$7,000-$7,500 per month, based on an estimated infiltration rate of
20%. The March 5, 1991 Ordinance would have required the monthly
payment of from $15,750 to $17,000 per month, even assuming a
minimum 20% infiltration rate. We began having indications that a
20% infiltration rate might not be adequate.
Obviously, the citizens of Shannon Hills cannot pay the sums that
would be required by the City of Little. They had just gone from
an average bill of about $20.00 per user to an average bill in
excess of $4x.00 per user, just to meet the requirements of the
June 6, 1989 agreement. Some alternative has to be available.
It is true that on August 6, 1991, the City reduced the out -of -city
rates back to 150% or $1.59 per 100 cubic feet. See .attached
Ordinance No. 16080, which would have increased Shannon Hills'
monthly payment, assuming the minimum infiltration rate, to more
than $10,100 per month. This additional increase in itself is a
sizable bill when added to the previous increase.
Therefore, as you can see, Shannon Hills has relied upon the breach
by 'Little Rock When they raised the rates to 233% of the in -city
rate, that they expended money and were prepared to file suit to
cancel the contract and believe they would be successful.
'Obviously, the reduction in price must have been an effort to
correct their previous abuse of the contract, at least an effort to
return to a good faith understanding with other parties. We have
-3 -
been informed that if a reduced amount were temporarily agreed
upon, that Shannon Hills would have to acknowledge the authority of
the City of Little Rock to set the out -of -city rates at any price
they want to at any future date decided upon. obviously, to
abdicate rate making to the Board of the City of Little Rock would
be contrary to the Board's Statutory duty to act in best interest
of the District's users in Shannon Hills and such should be
permitted to occur only if forced to do so by the Department of
Pollution Control & Ecology.
It is Shannon Hills' position that the City of Little Rock first
breached the agreement and has estopped itself from relying
thereon. Secondly, no monthly charges could be recovered even if
a suit for damages occurred. Thusly, if by chance they sued for
damages, the only monetary damages to which they would have been
entitled was a tie -on fee of $8,000, as mentioned in paragraph 2.
Since no one is connecting, it is our position that nothing is due
for a tie -on fee. It was a permissive tie -on to begin with. The
City of Little Rock has suffered no monetary damages by our failure
to tie on. .
We, therefore, believe that their rumor is merely an effort to
disrupt this application. we have advised the engineer that if
something needs to be placed in the application as an estimate of
damages, that $8,000 is the only stated damages that could possibly
be awarded. We have proposed to cancel the agreement with the City
of Little Rock by ceding to them that part of the collection system
that is located within the City limits of Little Rock, Pulaski
County, Arkansas. This may be a valuable consideration to them.
They are just not able to handle the collection and sewage
treatment of the area at the present time. They seem to want that
service area.
I hope this adequately meets your concern, if any, as to the
possibility of any suit by the City of Little Rock based on the
June 6, 1989 contract. We look forward to continued progress in
the Constructed Wetlands Treatment Application.
Yours very truly,
A L ",;;; /�, � //" - ,
Charles A. Brown
Attorney for Shannon Hills Water, Sewer
& Fire Improvement Dist. No. 3
CAB:rr
-4 -
cc: Mr. Tim Lemons
Bond Engineering
1010 So. Redmond Road
Jacksonville, AR 72076
Mr. Jimmy Ort
Shannon Hills Water, Sewer & Fire
Improvement Dist. No. 3
10,000 High Road East
Shannon Hills, AR 72103
.1 V
V TOWN OF BENTON
P. O. BOX 336
BENTON, LOUISIANA 71006
1318! 965-9589
Orme Or THc M•vc4t
JANUARY B. 1990
TREATMENT PLANT EXPENSES
JANUARY 1989 TO DECEMBER 1989
r
$ 607.74
PHONE'
1�C
ELECTRI
617.04
498.15
GASOLINE
CHEMICALS
1.318.71 ,
DMR LAB REPORTS
1.002.00
REPAIR PH METER
51.46
REGULATOR REPAIR
38.92
13.48
FILM
SLIDES
189.51
BALL BEARING FOR MOTOR
20-24
- TOTAL EXPENSES
$ 4.357.25
Item 8. ADPCE & Redunancy De
I appreicate the con to
the PRELIMINARY desi
constructed wetlands
ADPCE guidelines. W ines,
one will note that u ion",
the following statem
should consist of mu
volume and/or areas 1 out
of service. This wi en
out of service as ne out
causing an overload other
words, ADPCE require o be
included in the tota , when
a cell is drained, a ter,
the plants and bacte are
probable to parish. e
must include proper e
scenerio as with the owever,
rotation of cell use, of bed,
is impractical.
Enclosed you will fin s sup-
porting the Prelimina in the
Facility Plan. As wi , con-
tengencies are added s case,
two exist: first, th 30 lbs.
BOD/acre/day, as oppo /day;
and second, we -assume the
pond at 75%, when act ed.
The first contengency of the
pond, while the secon filter
size. This is demons on.
Three of the four pro suffi-
cient to treat the wa uide-
lines.
In conclusion, the Facility Pladdress
the concerns expressed in a le ated
May 28, 1992. These revisions aft dated
August 31, 1992.
Sincerely,
Tim Lemons, PE
Bond Consulting Engineers, Inc.
Item 8. ADPCE & Redunancy Design Guidelines
I appreicate the concern of LRWW as perating to
the PRELIMINARY design, however, the proposed
constructed wetlands will be designed to meet
ADPCE guidelines. When inspecting the guidelines,
one will note that under subtitle "Configuration",
the following statement exists: "The system
should consist of multiple cells. Total cell
volume and/or area should be based bn one cell out
of service. This will allow a cell to be taken
out of service as needed for maintenance without
causing an overload to the other cells." In other
words, ADPCE requires the additional volume to be
included in the total design volume, however, when
a cell is drained, as implied in the LRWW letter,
the plants and bacteria existing in the cell are
probable to parish. The wetlands total volume
must include proper contengency for worst case
scenerio as with the isolation of a cell. However,
rotation of cell use, with perodic drainage of bed,
is impractical.
Enclosed you will find computation worksheets sup-
porting the Preliminary Design demonstrated in the
Facility Plan. As with any engineering firm, con-
tengencies are added to a design, and in this case,
two exist: first, the pond loading rate is 30 lbs.
BOD/acre/day, as opposed to 50 lbs. BOD/acre/day;
and second, we assumed a BOD removal rate in the
pond at 75%, when actually 85% may be expected.
The first contengency causes the overdesign of the
pond, while the second adds a contengency to filter
size. This is demonstrated in the computation.
Three of the four proposed filters should be suffi-
cient to treat the wastewater as per ADPCE guide-
lines.
In conclusion, the Facility Plan has been revised to address
the concerns expressed in a letter from your office dated
May 28, 1992. These revisions appear in the Final Draft dated
August 31, 1992.
Sincerely,
Tim Lemons, PE
Bond Consulting Engineers, Inc.
�` STATE OF ARKANSAS
DEPARTNP —ST OF POLLUTION CONTROL AND ECOLOGY
CONSTRUCTION ASSISTANCE DIVISION
8101 INTERSTATE 30, P.O. BOX 8913
r, LITTLE PHONE:
ARKANSAS 6219-8913
FAX: (S01) 562-2541 U CT 2
JAB
September 30, 1992
Mr. Reggie A. Corbitt, ManagerY
Little Rock Wastewater Utility COPY
221 E. Capitol FILE
Little Rock, Arkansas 72202 A
RETURN
Dear Mr. Corbitt:
This letter is to acknowledge receipt of your letter dated
September 10, 1992, regarding the Shannon Hills Facilities Plan.
We appreciate your interest and concerns. We are continuing to
evaluate,' the information in the facilities plan, as well as
awaiting additional data from the consulting engineer.
Faul
'erely,
Acre, P.E.
Project Engineer
PA/la
cc: Charles Brown
Don F. Hamilton
WORK ORDER FORM
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Charles A. Brown, P.A.
Sandra L. Sherrod
April 21, 1993
Mayor Jim Dailey, and
Board of Directors of Little Rock
City Hall Building
Little Rock, AR 72201
Brown & Associates, Attorneys
SUITE 1970 UNION NATIONAL PLAZA
124 WEST CAPITOL AVENUE
LITTLE ROCK ARKANSAS 72201
TELEPHONE 501-374-7582
FAX 501.374-7584
Re: Appeal of Denial of Conditional Use Permit Application of
Shannon Hills Water, Sewer and Fire Protection Improvement
District No. 3 of Saline County, Planning Commission No. Z-
5664
Dear Mr. Mayor and Directors,
Please accept this letter as the appeal of the action of the Little
Rock Planning Commission of the application for a Conditional Use
Permit for the construction of a "Constructed Wetlands" Wastewater
Treatment Facility.
Attached is the required copy of the planning commission
application indicating the denial action and the application is
properly executed by a member of its staff.
Yours very truly,
Charles A. Brown. ��-
Attorney and Agent for Applicant,
Shannon Hills Water, Sewer and
Fire Protection Improvement
District No. 3 of Saline County, AR.
CAB/cb
cc: Mr. Dana Carney
Mr. Hugh Christophel, Chr.
APPLICATION FOR CONDITIONAL USE PERMIT
Zoning Case File No. Z-�
Planning Commission Meeting docketed for. ALU -1, 19S 3 at - ix. 30 P.M.
Application Is hereby made to the Little Rock Planning Commission pvrsuanl la the provisions of
Act 186 of 1957, Acts of Arkansas, as amended, and Cha pler 36 of Liltle Rock, Ark. Rev, Code (1988),
as amended, requesting a Conditional Use Permit on the following property:
Address: No address available - undeveloped
General Location: At the North end of Forest Trail, Shannon Hills, Ark.
Legal Description The SWi , SEi and the West 330 feet of the NJ, SEi, SEi ,
Section 16, T -1-S, R -13-W, Little Rock, Pulaski County, Arkansas
Title to (his properly is vested in: Shannon Hills Water Sewer & Fire Protection
10,000 High Road East (Name) Imp. Aist.$3
Mablevale, AR 72103 455-3195
(Address) (Telephone)
Subject property Is presently zoned; R-2
A Conditional Use Permit Is roquesled Io allow use of the properly for:_ Wastewater treatment
There (are) (are not) private restrictions pertaining to the proposed usE. utilik
It is hereby agreed that lite required filing fee will be paid Inimedialal and IIIe posling of the sign
furnished will be accomplished as required.
Applicant (owner or authorized agent):
Charles Br n, Attorney
124 West Capitol:, Suite 1970
Address; Little Rock, AR. 72201 Telephone: 374-7582
Planning Commission_ 19 3-a
-f
(3t5nJitiens-of Appy:
Board of Directors Approved: 9
Ordinance Number: '
Conditions of Approval:
April 19, 1993
13401 Meyer Road
Mabelvale, AR 72103
Little Rock Board of Directors
Little Rock, Arkansas
Gentlemen=
We are writing to express our opposition to the proposed
Shannon Hills sewer treatment facility located just west
of Meyer Road and Sheila Lane. As we understand the
proposal, the sewer plant will be located in Pulaski
County, yet service Saline County, thus yielding no
benefit for us.
We feel the facility will be a detriment to our
neighborhood and property values. A perfect example is
the lost sale of Ed and Christy Rachel's home at the end
of Meyer Road. Mr. Rachel's business is forcing the
family to move to Mississippi. Their perspective buyer
backed out of the deal when it was learned that sewer
ponds would be built in his backyard. Who wants to pay
over $100,000 for home located next to a sewer treatment
plant?
We strongly urge you to deny the application.
Sincerely,
CAU4
Chuck Turley
�,
Sherry Tuff ley
To the Little Rock Planning Commissioner:
My name is Jake L. Johnson. I live at 13318 Meyer Lane, Mabelvale, Arkansas.
I bought my home July 1992, and have done some remodeling, including a
new lawn and a new driveway that cost me more than $8,000. My home is valued
at over $180,000.
If this system is installed, I feel that the value of my home would
reduce dramatically. If I had heard about something like this before I purchased
this house I would not have purchased it. I am strongly against this water
treatment plant.
Thank you.
15 Sheila
Mabelvale, Ar. 72103
April 19, 1993
Little Rock Board of Directors
City Hall
Little Rock, Ar.
Re: Shannon Hills Sewer
Treatment Plant
Gentlemen,
I oppose building the Shannon Hills sewer treatment plant.
My reasons are as follows:
1. The plant will be built approximately 1200 feet
from my house and will greatly de -value our
property.
2. The potential health problems it can create are
a major concern.
3. I dread the problems caused when Otter Creek floods
the ponds. I have lived in this neighborhood since
1976 and I know that it doesn't take a great deal
of rain to cause this creek to overflow about a
half a block area of Alexander Rd. When this happens
raw sewage would be flowing over Alexander Rd.
Your vote against this proposed project will be greatly
appreciated.
Sincerely,
Kaye Wood
Bill Falkner
Little Rock Planning Commission:
As a resident of the Chambers subdivision in the city of
Little Rock, I would like to take this opportunity to
register my opposition to the sewer treatment facility
proposal by the city of Shannon Hills on property adjacent
to our neighborhood. I am opposed to locating this facility
as proposed for the following reasons:
1. An adequate sewer line is currently available
to Shannon Hills, making a treatment facility
redundant and a potential health and
environmental hazard.
2. Locating a sewer facility adjacent to an
established residential area would adversely
impact property values and quality of life for
our neighborhood.
3. Introduction of waste water into Otter Creek
poses a threat to health and the environment.
I urge the members of the Planning Commission to deny the
conditional use permit request and urge the cities of
Shannon Hill and Little Rock to agree to use the existing
sewer line as originally planned. Your refusal of this
permit request will help protect our families and property.
Thank you,
#20 Sheila Lane
Mabelvale, Arkansas 72103
Bill Falkner H - (501) 455-0243
W - (501) 376-4791
April 14, 1993
Little Rock Board of Directors
City Hall
Little Rock, AR
Gentlemen:
Regarding the proposed sewer plant to be built west of Shelia and
Meyer Lane in Pulaski County, my wife and I wish to go on record as
opposing this sewer plant. We strongly feel this will be a
detriment to our neighborhood and will certainly devalue our
property.
A. Robeson
Carolyn Robeson
daews T � Wa P I
CC9,*7 )�l I S'.5 0/7
Ca vF�)
4z
,p yy
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t
dl�
,21
93 E 720-2
April 18, 1993
The Little Rock Planning Commission:
Re: Preposed Sewer Treatment Plant for Shannon Hills;
To Whom It May Concern:
We, together, Jim & Anita Romine of 12711 Meyer Lane,
Mabelvale, ArkansAs do strongly object to the idea of
a sewage plant being built in our neighborhood.
We feel that this is inappropriate for this property
due to the discharge that might come from this project.
We also feel that it might be dangerous to health. Other
things which might be caused by this action is a fowl
smell.
The value of property owners would probably depreciate with
a sewer treatment facility being built. Shannon Hills has
been given the opportunity to tie on to the city sewer
treatment plant. Let them do so.
How can Saline County obtain the rights to our Pulaski
County Property? If this is allowed, why not let our
property be returned to Saline County and let our kids attend
the Bryant School District.
We wish to make this statement as part of record that we
are strongly opposed to this action now or anytime in the
near future.
Yours truly,
.1 1 - oal��
d774� k
i & Anita Romine
April 18, 1993
Little Rock Planning Commission
To Whom It May Concern:
This is in regard to the proposed Shannon Hills Wastewater
Treatment Facility.
We have listed a few of the major concerns we have about
the Shannon Hills Wastewater Treatment Facility:
1. We live directly east of the proposed site at 17 Sheila
Lane & Meyer Lane. The closest residential house in
this area is only about 800 feet to the east. These
homes are nice and we take pride in our neighborhood.
We feel the value of these homes will be severely
damaged by this treatment plant.
2. We are also concerned about the odor from the sewer
and the noise from the pump.
3. The discharge from the plant into Otter Creek could be
very detrimental to the property for miles downstream.
4. We would strongly encourage Shannon Hills to try to work
out service with Little Rock.
Sincerely,
t�yce Grab e
Peggy Grable
12724 Meyer Lane
Mabelvale, AR 72103
A;Dril 19, 1993
Little Rock Planning Commission
City Hall
500 West Martiu'zam Street
Little Rock, AR 72201
RE: Zoning Case File No. Z--5664
Proposed Shannon Hills Wastewater Treatment Facility
Please be advised that the undersigned Little Rock residential pro erty
owners near the proposed site are opposed to the establishment of any
wastewater treatment facility nearby. We are against the issuance of
a conditional use permit for that purpose.
W` agree with the Planning Commission Staff Committee that this would
be an inappropriate use of this property and would not be in the best
interest of the City of Little Rock.
There would be both air and iter pollution from the facility and its
presence would be a continuing nuisance to the nearby neiqhborhooc's and
would degrade the czaality of living, the residential property nearby and
the proposed Lark area.
We recommend the conditional use permit be denied and that no further
consideration be given to a imstewater treatment facility in this area.
SHELTON R. NELSON
=ELLE D. N
9 Sunrise Lane
Mabelvale, AR 72103
April 19, 1993
City of Little Rock
Department of Neighborhood and Planning
723 West Markahm
Little Rock, AR 72201
Dear Committee:
I am strongly opposed to the building of the Shannon Hills Wastewater
Treatment Facility at the following location:
The SW 1/4, SE 1/4 and the West
330 feet of the North 1/2, SE 1/4,
SE 1/4, Section 16, T -1-S, R -13-W,
Little Rock, Arkansas
As you are aware the Staff recommends denial of this application as
being an inappropriate use of this property, and not in the best interest
of the citizens of the City of Little Rock.
As a resident for 21 years in this area, I am concerned with the following:
1. Property val-ues would decrease because people don't want
to live close to a sewer treatment plant.
2. Fear of neighborhood deteriorating.
3. Proposed 70 acre tract north of this property which has been
donated to the City of Little Rock for future park development will
be jeopardized. Also, the Wastewater Treatment Facility would
violate this plan.
I feel your decision not to allow this plant to be constructed at this
location would be the correct thing to do.
Sincerely,
Oo c m &V&PY-"
Don Runyan
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April 20, 1993
LITTLE ROCK PLANNING COMMISSION
As residents of southwest Little Rock and Mabelvale for 33 years,
we would like to protest the proposed Sewage Treatment Facility
for Shannon Hills. We feel very strongly that a Saline County
community should not be using land in Pulaski County for such a
purpose.
We own three acres on Meyer Road. Otter Creek crosses the southwest
corner of our property, then flows on through several populated areas.
We are greatly concerned for the health and safety of our families
and our neighborhood, along with the nuisance factors of odor,
noise, etc. This land lies in the 100 year flood plain, and this
poses a serious threat as well. In addition to the environmental
damage such a facility would cause, the residents of this area
stand to suffer financially through loss of property values.
Since Shannon Hills has access to the Little Rock Sewer Improvement
District which is already in place, this would seem to be the best
and most logical solution to this problem.
We hope you will take our concerns into consideration and vote
against allowing this facility to be built on this property.
Sinc0reely
G�
.-Joe R. Sul an
Dot W. Sullivan
13302 Meyer Road
Mabelvale, Arkansas 72103
455-3329
April 19, 1993
Board of Directors
City of Little Rock
Second Floor
City Hall
Little Rock, AR
I own the property at 13403 Meyer Road, Little Rock, AR.
Recently I was informed that the community of Shannon Hills
has submitted to the City of Little Rock, an application for
conditional use in order to build a sewer treatment plant
West of Shelia & Meyer Road in Pulaski County. The property
being considered for this treatment plant is adjacent to the
residential area in which I reside.
I purchased this property at 13403 Meyer Road eight years
ago. It is a beautiful country setting, all of the houses are
well kept, each on at least two acres. We felt that this
property would be an ideal place to raise our three children
and a good investment as well. We had the advantages of city
fire and police protection, and the comfort of rural living.
I am adamantly opposed to this proposed treatment plant.
I am convinced that the resulting odor and potential health
hazard will not only make our lives unpleasant, but will
greatly de -value my property.
My understanding is that this treatment plant is designed
for use by Saline County residents. Why then, is the treat-
ment plant to be built in Pulaski County?
I am certainly not an engineer, but since the proposed
treatment plant would be in the flood plain, what will happen
when the facility overflows? Where would the untreated waste
go, Otter Creek? The environmental impact of this will be
disastrous!
I respectfully request that this application be denied.
Re ards,
Alan M. Long
13403 Meyer Road
Mabelvale, AR 72103
NOTICE WAIVER AND CONSENT TO
SHANNON HILLS WASTEWATER TREATMENT UTILITY
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned, hereby acknowledges Notice of the Public
Hearing to be held before the Little Rock Planning Commission on
March 9, 1993, at 12:30 p.m. o'clock, upon the application of
Shannon Hills Water, Sewer & Fire Protection Improvement District
No. 3 for the approval of a Conditional Use Permit to permit
construction of a Wastewater Treatment Utility on the property
described as:
Southwest 1/4, Southeast 1/4, and the West 330' of the
North 1/2 of the Southeast 1/4 of the Southeast 1/4 of
Section 16, Township 1 South, Range 13 West, in Little
Rock, Pulaski County, Arkansas.
The undersigned further acknowledges having the opportunity to
examine and question the applicant about the plans, specification,
and engineering design of the Wastewater Treatment Utility, which
is to be placed upon property, within 200' of the undersigned's
property.
The undersigned hereby waives any and all objections that the
undersigned may have to the location and construction of the
improvements upon the above-described property and agree that the
Conditional Use Permit may be issued under Sections 36-104(3) and
36-253(4)(c) of the Little Rock Zoning Ordinance.
DATED thi f day of7__�/o J6,trL,(,f, 1993.
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Ralph D. Schla man
13716 Joan Drive
Mabelvale, AR 72103
NOTICE, WAIVER AND CONSENT TO
SHANNON HILLS WASTEWATER TREATMENT UTILITY
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned, hereby acknowledges Notice of the Public
Hearing to be held before the Little Rock Planning Commission on
March 9, 1993, at 12:30 p.m. o'clock, upon the application of
Shannon Hills Water, Sewer & Fire Protection Improvement District
No. 3 for the approval of a Conditional Use Permit to permit
construction of a Wastewater Treatment Utility on the property
described as:
Southwest 1/4, Southeast 1/4, and the West 330' of the
North 1/2 of the Southeast 1/4 of the Southeast 1/4 of
Section 16, Township 1 South, Range 13 West, in Little
Rock, Pulaski County, Arkansas.
The undersigned further acknowledges having the opportunity to
examine and question the applicant about the plans, specification,
and engineering design of the Wastewater Treatment Utility, which
is to be placed upon property, within 200' of the undersigned's
property.
The undersigned hereby waives any and all objections that the
undersigned may have to the location and construction of the
improvements upon the above-described property and agree that the
Conditional Use Permit may be issued under Sections 36-104(3) and
36-253(4)(c) of the Little Rock Zoning Ordinance.
DATED this i zk day of1993.
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David G. or La ra R. Meador
11408 Donnie Drive
Mabelvale, AR 72103
NOTICE WAIVER AND CONSENT TO
SHANNON HILLS WASTEWATER TREATMENT UTILITY
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned, hereby acknowledges Notice of the Public
Hearing to be held before the Little Rock Planning Commission on
March 9, 1993, at 12:30 p.m. o'clock, upon the application of
Shannon Hills Water, Sewer & Fire Protection Improvement District
No. 3 for the approval of a Conditional Use Permit to permit
construction of a Wastewater Treatment Utility on the property
described as:
Southwest 1/4, Southeast 1/4, and the West 330' of the
North 1/2 of the Southeast 1/4 of the Southeast 1/4 of
Section 16, Township 1 South, Range 13 West, in Little
Rock, Pulaski County, Arkansas.
The undersigned further acknowledges having the opportunity to
examine and question the applicant about the plans, specification,
and engineering design of the Wastewater Treatment Utility, which
is to be placed upon property, within 200' of the undersigned's
property.
The undersigned hereby waives any and all objections that the
undersigned may have to the location and construction of the
improvements upon the above-described property and agree that the
Conditional Use Permit may be issued under Sections 36-104(3) and
36-253(4)(c) of the Little Rock Zoning Ordinance.
DATED this ` day of 1993.
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Clarence M. or Susan K. Woods
11324 Donnie Drive
Mabelvale, AR 72103
REASONS FOR DENIAL
Z-5664
1. In conflict with the development standards and review guidelines - Section
36-107:
(1) The proposed use is so designed, located and proposed to be operated
that the public health, safety and welfare will be protected.
(2) The proposed land use is compatible with and will not adversely effect
other property in the area where it is proposed to be located.
(7) Safeguards proposed to limit noxious or offensive emissions including
lighting, noise, glare, dust and odor are addressed.
2. An unproven design for this application.
3. Could adversely affect the City's Storm Water Management responsibility.
Shannon Hills' current facility is not properly operated and is under an EPA
mandate.
4. Located in a single family area next to a school.
5. Located adjacent to a 70 acre City park.
6. An agreement had been made in 1984 to tie -on to Little Rock wastewater
system. The Fourche Plant System when designed, included the Shannon Hills
service area.
7. Little Rock sewer main within 5 feet of Shannon Hills' line with an in -city use
rate.
8. Many citizens of Shannon Hills are opposed to the treatment facility.
9. State Health Department recommends connecting to Little Rock sewer.
l.au-T Df fLCEA Of
ofka&i 44. Jgzown, (J -D. og.
Charles A. Brown, P.A.
Sandra L. Sherrod
April 20, 1993
Board of Commissioners
Little Rock Planning Commission
723 West Markham Street
Little Rock, AR 72203
Brown & Associates, Attorneys
SUITE 1970 UNION NATIONAL PLAZA
124 WEST CAPITOL AVENUE
LITTLE ROCK. ARKANSAS 72201
TELEPHONE 501-374-7582
FAX 501-374-7584
RE: Application of Shannon Hills Water, Sewer & Fire
Protection Improvement District No. 3 for Conditional Use
Permit for a Constructed Wetlands Treatment Facility
Dear Commissioners:
Please find attached to this letter comments, and exhibits to
comments, addressing the ten staff comments listed in the
Subdivision Committee Meeting Agenda of April 1, 1993. You will
note that I have approached them in reverse order.
We trust you will take these matters into consideration as you make
your final determination concerning the application.
Yours very truly,
Charles A. Brown
Attorney and Agent for the Applicant
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Charles A. Brown, P.A.
Sandra L. Sherrod
April 20, 1993
efia,&s e• ot0tun., . c4.
Mr. Brad Walker
1500 Riverfront Drive, Suite 118
P. O. Box 250242
Little Rock, AR 72225
Brown & Associates, Attorneys
SUITE 1970 UNION NATIONAL PLAZA
124 WEST CAPITOL AVENUE
LITTLE ROCK. ARKANSAS 72201
TELEPHONE 501-374-7582
FAX 501-374-7584
RE: Application of Shannon Hills Water, Sewer & Fire
Protection Improvement District No. 3 for Conditional Use
Permit for a Constructed Wetlands Treatment Facility
Dear Mr. Walker:
Please find attached to this letter comments, and exhibits to
comments, addressing the ten staff comments listed in the
Subdivision Committee Meeting Agenda of April 1, 1993. You will
note that I have approached them in reverse order.
We trust you will take these matters into consideration as you make
you- final determination concerning the application.
Yours very truly,
46gr'14 04011,
Charles A. Brown
Attorney and Agent for the Applicant
CAB:rr
Encl.
EXHIBIT
COMMISSION MEMBER LETTER
Items 9 & 10 on the Subdivision Committee Comments refer to the
buffers and 6' screening fence along the South perimeter. The 6'
screening fence should be shown on the plans on the plans of the
engineer and it will be chain link with barbs, and there will be
plantings inside the fence to -provide for the buffer between the
actual facility and the surrounding property owners. In addition
to the fence, there will be tree plantings to provide a screen.
Additionally, to the South of the tract being developed will be a
50' strip, 45' of which will be an easement as required by Item 1
on the Committee Comment. Five additional feet is provided for an
additional buffer between the chain link fence and any arterial
street to be constructed in accordance with the Master Street Plan.
We are informed that the buffer along the West boundary will not be
required in that it abuts the right-of-way for the Arkansas Power
& Light Co.'s transmission lines, and there should be adequate
buffers therefrom.
As to Item 8, which may be in fact the most serious comment from
the staff for the Subcommittee meeting, please find attached the
following:
(a) November 19, 1985 letter from the Little Rock Wastewater
Utility indicating that 1 1/2 times the in -city rate will
be required for out -of -city service. This letter was
preliminary to the negotiated contract which was
contingent upon Shannon Hills Water, Sewer & Fire
Protection Improvement District tieing into City service
for wastewater to be treated by the City of Little Rock.
The contract was bottomed upon the provision that 150% of
the in -city rate would be required to serve the Shannon
Hills area.
(b) A copy of Little Rock Ordinance No. 15,242, which was in
effect at the time of the execution of the contingent
contract showing the out -of -city volumetric charge to be
$1.10 per 100 cubic feet. From Exhibit A, it was deter-
mined that Cammack Village, which we are informed do not
maintain their own system, was paying the out -of -city
rate.
(c) Please find attached Ordinance No. 16,018, which stated
that commencing April 5, 1991, the volumetric charge for
in -city rate per 100 cubic feet would be $1.06, and for
out -of -city rate would be $2.48, a 225% or more charge
for out -of -city treatment than for in -city treatment.
(d) A copy of Ordinance No. 16,080, showing that commencing
September 1, 1991, the volumetric charge for the in -city
rate would be $1.06, and the out -of -city rate $1,59; or,
a 150% rate charge.
-2 -
It is significant that upon the passage of the Ordinance referred
to in Paragraph (b), supra, included a charge of over 20¢ per 100
cubic feet above the consultant's report what should be a fair
charge for out -of -city rates, assuming that the City of Little Rock
provided the full amount of the cost for the Fourche Creek
Treatment Plant and outfall line to the Otter Creek area.
Obviously, with the Federal Government making in excess of $25
million grant to the line, and Improvement District No. 142 paying
a portion of the line, and bonds being issued for the balance of
the construction cost, which bonds are payable from the regular
sewer rate, and since Shannon Hills under the contract was to
maintain their own collection system, pumping stations, and pay for
infiltration, the action of the City Board on March 5, 1991, not
only breached the 150% agreement, but brought home to the Board of
Commissioners of the Shannon Hills Water, Sewer & Fire Protection
Improvement District No. 3, that the City Board of Little Rock
could and did pass rate increases at its will and pleasure without
regard or input from the affected areas, and without regard to the
fundamental agreement that the rate would not exceed 150%.
Obviously, this applicant would violate their sworn duty to
represent their constituency if they collaborated with the
excessive charges imposed by Ordinance No. 16,018 and thereby
destroyed the viability of their consumers to pay the bills. The
Constructed Wetlands Treatment Facility was fostered by
necessitated survival instinct as a result of the March 5, 1991
action of the Board of Directors of the City of Little Rock.
We would suggest that Item 8 not be an item of consideration by the
City Planning Commission in passing upon the appropriateness of the
Constructed Wetlands Conditional use Application.
Items 6 and 7 appear to be mere comments and describe the park or
open space designation of adjacent property, or the flood plain
property of Otter Creek. No construction by the applicant in the
Otter Creek Flood Plain is anticipated or shown upon the plan. See
the comments as to Paragraph 5, infra.
As to Paragraph 5 relative to the existing water main on the North
perimeter of the tract and the proximity of the discharge of the
treated wastewater upstream from the water main, we would suggest
that this is a matter to be considered in setting the limits of the
discharge from the wastewater treatment facility, and the approval
of the Health Department.
There has been previously furnished the Planning Commission a copy
of the April 1, 1993, Arkansas Department of Health review and
approval letter, with appropriate disclaimers. (Exhibit 5) Item 5
does make a policy comment which probably can be agreed with gener-
ally by all parties involved in the wastewater treatment facility;
however, all parties recognize the economic factor relating to the
ability of the user to pay for exorbitant treatment charges.
-3 -
We would assume that the comments of Item 5 have been answered by
the approval of the Health Department of the plans which showed the
existing water main and showed the discharge upstream therefrom,
and recognition that the wastewater discharge would not permeate
through the steel -encased water main, which would have a higher
inside water pressure than the outside Otter Creek flow.
As to Item 4, Bond Consulting Engineers have been requested to
provide their review as the wastewater specialists.
As to Item 3, please find attached a copy of the Arkansas Depart-
ment of Pollution Control & Ecology letter granting the
construction permit, which of course is contingent upon the
approval of the site now under consideration. (Exhibit 6)
As to Items 1 and 2, the applicant has removed from the application
the South 50' of the 40 acre tract from its construction area. The
applicant has agreed, and will continue to agree, that upon the
approval of the site, that a proper right-of-way designation for
the South 45, of the 40 acre tract will be granted to the City of
Little Rock for use as an arterial street. It would appropriate
for the easement to contain some language that in event the street
is not built within a reasonable period of time, 15 to 20 years,
that the easement, like a vacated alley easement, revert to the
owner.
The request is made to waive any deposit or contributions required
of the applicant for the 50, not included in the Constructed
Wetlands facility treatment area, and which street would be an
arterial street with no improvement to the facility under
consideration, and the arterial street is designated on the Master
Street Plan as being 45' in Saline County, which crosses a series
of lots. The probability of the right-of-way for the series of
lots being acquired by the Saline County Court by voluntary
dedication or by eminent domain, and the building of the South half
of the arterial street, appears to be so remote and highly
unlikely, that a waiver of this contribution in lieu of construc-
tion of the Countyline Road, is requested. However, if this is the
only objection to the Little Rock Planning Commission and the Board
of Directors of the City of Little Rock approval. This
application, for the negotiation would be appropriate.
One further point may be raised at this Commission meeting. It may
be the compatibility of the Constructed Wetlands Treatment Facility
with the One Family Residential zoning for this area. The area was
annexed as a part of an overall annexation "volunteered" through
the efforts of Mr. Leon Sneed, a former city of the City of Little
Rock Planning Staff. This area alone would not qualify under the
Arkansas Statutes as being suitable farm land for residential
development at the time of annexation, and, as all other property
annexed, came into the City as residentially zoned.