HomeMy WebLinkAbout17610• • 705
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 Little Rock and approved by ordinance of the
respecting contracting parties; and
WHEREAS, it is in the best interest of Alexander and Little
Rock for the documentation of present and future extension of
sewer service by Little Rock to Alexander and the parties
mutually desire now to enter into a contract for the treatment of
sewage by the Little Rock Sanitary Sewer Committee acting through
Little Rock Wastewater Utility upon the terms and conditions set
forth in the contract attached hereto incorporated by reference
herein; and
ORDINANCE No. 17,610
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF
LITTLE ROCK AND THE CITY OF ALEXANDER FOR THE
TREATMENT OF SEWAGE; APPROVING AND ACCEPTING A CERTAIN
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SEWER EASEMENT; AND DECLARING AN EMERGENCY.
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WHEREAS, the City of Little Rock, Arkansas ( "Little Rock ")
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owns
a sewage disposal works and operates said works through the
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Little Rock Sanitary Sewer Committee ( "the Sewer Committee ") and
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1
the
Little Rock Wastewater Utility (the "Utility "), and Little
Rock
is authorized by A.C.A. §14- 235 -212 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 Little Rock and approved by ordinance of the
respecting contracting parties; and
WHEREAS, it is in the best interest of Alexander and Little
Rock for the documentation of present and future extension of
sewer service by Little Rock to Alexander and the parties
mutually desire now to enter into a contract for the treatment of
sewage by the Little Rock Sanitary Sewer Committee acting through
Little Rock Wastewater Utility upon the terms and conditions set
forth in the contract attached hereto incorporated by reference
herein; and
• 706
WHEREAS, Alexander also desires to convey and assign to the
Sewer Committee a certain easement and right of way for the Sewer
Facilities now owned by Little Rock and operated by the Sewer
Committee or hereafter constructed or acquired for the purpose of
operating, maintaining, repairing or replacing the above -
described Sewer Facilities in the discretion of Little Rock
acting through the Little Rock Sanitary Sewer Committee, all in
consideration of the Sewer Committee's agreement to continue to
operate, maintain, repair or replace said Sewer Facilities,
excluding any storm water facilities, it being expressly agreed
that any storm water facilities located in Alexander or owned
and /or operated by Alexander shall remain in the ownership of
Alexander to be the sole responsibility of Alexander for the
operation, maintenance, monitoring and for all other purposes;
and
WHEREAS, Little Rock desires to accept the conveyance and
assignment by Alexander to the City of Little Rock, Arkansas for
the use and benefit of the Sewer Committee of the easement and
right of way for the above - stated purpose, which it is understood
does not include any storm water facilities of any nature
whatsoever, and to operate and maintain said Sewer Facilities,
2
subject to the terms and conditions contained in the contract
attached hereto; and
WHEREAS, the City of Little Rock and Alexander desire to
enter into this contract pursuant to law for a period not to
exceed 15 years pursuant to A.C.A. §14- 235- 212(a)(2), as provided
in the attached contract; and
M M
707
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 attached hereto between the
City of Little Rock and Alexander to extend sewer service by the
City of Little Rock for the treatment of sewage from Alexander,
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S
log
as well as the extension of service, and to accept conveyance of
the easement attached to this contract by which the parties
expressly agree that the use of said sewer facilities referred to
in the contract shall at all times be subject to the charges,
collections and all provisions contained in the applicable Little
Rock sewer ordinances in effect at the timeestablishing rates for
sewer service based on outside city rates, and as amended or
changed in the future during the term of this contract as
specified therein, including any extensions thereof, is hereby
approved. 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: November 4 1 1997.
ATTEST: APPROVED:
('�2 0 an " to
City Clerk Robbie Hancock May Jim Dailey
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• 209
CONTRACT
THIS CONTRACT is entered into by and between the City
of Little Rock, Arkansas and the Little Rock Sanitary Sewer
Committee (both hereinafter collectively "Little Rock" and
sometimes separate references to "the Sewer Committee ") and
the City of Alexander, Arkansas ( "Alexander ") by their
respective duly authorized undersigned representatives;
W I T N E S S E T H:
WHEREAS, Little Rock is the owner of certain existing
public sewer facilities consisting of pipes eight (8) inches
or larger in diameter and manholes with covers and
appurtenances thereto situated within the city limits of
Alexander ("Sewer Facilities ") , and Alexander is the owner
of certain utility easements or rights of way in which the
Sewer Facilities are located, and the Sewer Committee has
operated and maintained said Sewer Facilities since the
completion of the construction of these Sewer Facilities;
and
WHEREAS, the Sewer Facilities were constructed with
federal grant funds from the United States Environmental
Protection Agency ("E.P.A. ") with 7506 of the costs of the
Sewer Facilities borne by E.P.A. and 250 of the costs borne
by Mabelvale -Alexander Sewer Improvement District No. 142
( "S.I.D. #142 ") with S.I.D. #142 making assessments on those
properties subject thereto, and the parties hereto
acknowledge that any liability for assessments by S.I.D.
#142 or sums due for connection fees for sewer main
extensions are independent from any sums due for sewer
service under this contract and such assessments are the
liability of those property owners subject to S.I.D. #142
assessments for which there is no liability or
responsibility of any nature whatsoever by Little Rock or
the Sewer Committee and any connection fees shall be paid to
S.I.D. #142 by the party(ies) making the extension as
specified in Paragraph No. 6(b) on page 6 of S.I.D. #142's
contract with the Sewer Committee dated March 4, 1980, a
copy being attached hereto and referred to on Page 12 of
this Contract as Exhibit "D "; and
WHEREAS, there are sewer connections by domestic sewage
customers residing within the city limits of Alexander and
said customers are currently provided sewer service by
Little Rock; and
WHEREAS, there is currently a restriction against any
industrial customers being connected to the Sewer Facilities
due to an E.P.A. audit imposing pre- treatment requirements,
2
and there is also a restriction on any further domestic
sewage customers due to the City Board of Directors
requirements that a contract be executed with Alexander to
document terms and conditions of the extension of sewer
service including appropriate certification of the existence
of land use controls within Alexander consisting of a
comprehensive plan, the existence of an active Alexander
Planning Commission, the existence or adoption of zoning and
subdivision ordinances, and a resolution of Alexander to
follow and enforce such ordinances; and
WHEREAS, Little Rock and Alexander desire to enter into
a contract pursuant to A.C.A. §14- 235 -212 containing those
terms and conditions under which sewer service will be
extended by Little Rock to Alexander through the existing
Sewer Facilities, as well as those to be constructed in the
future in that area annexed to Alexander since the original
construction of the Sewer Facilities in 1983; and
WHEREAS, Alexander desires to convey and assign to the
Sewer Committee certain easements and rights of way for the
Sewer Facilities now owned by the Sewer Committee or
hereafter constructed or acquired for the purpose of
operating, maintaining, repairing or replacing the above-
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described Sewer Facilities in the discretion of Little Rock
acting through the Little Rock Sanitary Sewer Committee, all
in consideration of the Sewer Committee's agreement to
continue to operate, maintain, repair or replace said Sewer
Facilities, excluding any storm water facilities, it being
expressly agreed that any storm water facilities located in
Alexander or owned and /or operated by Alexander shall remain
in the ownership of Alexander and the sole responsibility of
Alexander for the operation, maintenance, monitoring and for
all other purposes; and
WHEREAS, Little Rock desires to accept the conveyance
and assignment by Alexander to the City of Little Rock,
Arkansas for the use and benefit of the Sewer Committee of
certain easements and rights of way for the above - stated
purpose, which it is understood does not include any storm
water facilities of any nature whatsoever, and to operate
and maintain said Sewer Facilities subject to the terms and
conditions contained herein;
NOW, THEREFORE, in consideration of the mutual benefits
to be derived, it is hereby agreed by and between the
parties:
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713
1. Sewage Treatment and Extension of Sewer Service by
Tittle Rock. Little Rock, acting through the Sewer
Committee operating the Little Rock Wastewater Utility,
agrees to perform the treatment of sewage from Alexander by
Little Rock as discharged in accordance with this contract
into the existing sewer facilities described herein and in
the exhibits attached hereto, including approved extensions,
subject to the provisions of this contract, and in
consideration of the terms and conditions set forth herein
and Alexander's covenant to perform and comply with all
provisions of this contract, including Alexander's
cooperation in the enforcement of all rules, regulations,
ordinances, and laws referred to herein and /or applicable to
the use, operation and maintenance of Little Rock's sewer
system referred to in this contract for the duration
thereof, as well as any extensions thereof.
2. Charges for Sewer Service. All charges for sewer
services provided by Little Rock to customers residing
within the city limits of Alexander and /or to any customer
through the Sewer Facilities referred to in this contract
shall be included on the water bills of Little Rock
Municipal Water Works in accordance with the existing city
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714
ordinances establishing rates for sewer service based on
outside city rates, as those rates are currently established
and as these rates may be adjusted from time to time. In
the event such sewer service is provided to customers who do
not receive water service from Little Rock Municipal Water
Works and, therefore, receive no water bills which would
otherwise also contain sewer charges, those customers shall
be billed in accordance with such procedures as Little Rock,
acting through the Little Rock Sanitary Sewer Committee by
LRWU may establish in order to collect the outside city
sewer rates for such sewer service.
3. Conveyance and Assignment by Alexander to the
sewer Committee of Easements and Rights of Way. Alexander
agrees to grant and assign by separate easement unto Little
Rock for the use and benefit of the Sewer Committee a
certain easement and rights of way situated within its
corporate city limits in Pulaski County and Saline County,
Arkansas, and further assigns and agrees to assign in the
future (if necessary) any easements, whether now owned or
hereafter acquired, including but not limited to. all of
those utility easements and rights of way as described in
the easement attached hereto identified as Exhibit "A"
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including Schedule "1" attached thereto, for the purpose of
maintaining, operating, repairing or replacing the
aforedescribed Sewer Facilities in the Sewer Committee's
discretion.
4. Acceptance by SewQr Committee of Easement and
Assignment byCty of Alexander and Agreement to Operate and
Maintain Sewer Facilities. The Sewer Committee by the
execution of this contract by its duly authorized
undersigned Chairman hereby accepts the easement and
assignment, a copy of said easement being attached hereto as
Exhibit "A ", with Schedule "1" attached thereto, subject to
the terms and conditions contained therein, and further
covenants to operate and maintain said Sewer Facilities in
good repair in accordance with the provisions of the
easement as set forth in Exhibit "A" attached hereto. It is
expressly agreed, however, that no sewer line with an
internal diameter of less than eight (8) inches shall be
considered a public sewer, or otherwise be maintained by the
Sewer Committee, and the "point of service" for maintenance
responsibility assumed by the Sewer Committee shall be the
"wye" connection or other means of connecting any building
sewer to the public sewer.
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S. AppliCatiOn of City of Little Rock Sewer
Ordinances.
(a) The operation and maintenance of the Sewer
Facilities referred to herein, including any present or
future service or extension thereof, shall be governed
solely by the provisions of all existing and future
ordinances enacted by the City of Little Rock, Arkansas
relating to the operation and maintenance of sewers
including, but not limited to, sewer use and pretreatment
requirements of any nature whatsoever; and the provisions of
these ordinances shall be binding on the parties hereto,
including the rates as may be from time to time specified in
those ordinances.
(b) The City of Alexander agrees that the authority of
the Sewer Committee includes, but is not limited to, the
authority to:
(1) Deny or condition new or increased
contributions of pollutants, or changes in the nature of
pollutants, to the Publicly Owned Treatment Works ( "POTW ")
owned by the Sewer Committee by Industrial Users where such
contributions do not meet applicable Pre- treatment Standards
and Requirements (as same are defined in applicable Federal
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and Arkansas statutes and regulations and ordinances of the
City of Little Rock, as the same may be amended from time to
time) or where such contributions would cause the POTW to
violate its National Pollutants Discharge Elimination
System( "NPDES ") permit;
(2) Require compliance with applicable
Pretreatment Standards and Requirements by Industrial Users;
(3) Control, through permit, contract, order, or
similar means, the contribution to the POTW by each
Industrial User to ensure compliance with applicable
Pretreatment Standards and Requirements;
(4) Require (a) the development of a compliance
schedule by each Industrial User for the installation of
technology required to meet applicable Pretreatment
Standards and Requirements and (b) the submission of all
notices and self - monitoring reports from Industrial Users as
are necessary to assess and assure compliance by Industrial
Users with Pretreatment Standards and Requirements,
including but not limited to the reports required in Volume
40 of the Code of Federal Regulations at 40 C.F.R. §403.12,
as adopted into Section 4 of Regulation No. 6 of the
Regulations for State Administration of the National
a
Pollutants Discharge Elimination System of the Arkansas
Department of Pollution Control and Ecology, or any future
amendment to these regulations, as same are administered and
enforced by the Arkansas Department of Pollution Control and
Ecology;
(S) Carry out all inspection, surveillance and
monitoring procedures necessary to determine, independent of
information supplied by Industrial Users, compliance or non-
compliance with applicable Pretreatment Standards and
Requirements by Industrial Users. Representatives of the
POTW shall be authorized to enter any premises of any
Industrial User in which a Discharge source or treatment
system is located or in which records are required to be
kept under applicable federal or state regulations including
but not limited to 40 C.F.R. §403.12(m) to assure compliance
with Pretreatment Standards. Such authority shall be at
least as extensive as the authority provided under Section
308 of the Clean Water Act of 1972, as amended, and any
applicable Arkansas regulations and statutes including the
Arkansas Water and Air Pollution Control Act, Act 472 of
1949, as amended, and ordinances of the City of Little Rock,
as same may be enacted or amended from time to time;
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(6) obtain remedies for noncompliance by any
Industrial User with any Pretreatment Standard and
Requirement. The Sewer Committee shall be entitled to seek
injunctive relief for noncompliance by Industrial Users with
Pretreatment Standards and Requirements. If the laws of the
State of Arkansas now or hereafter authorize Alexander to
enact ordinances or other local legislation to assess civil
or criminal penalties for noncompliance by Industrial Users
with Pretreatment Standards and Requirements, Alexander
covenants with the Sewer Committee that it will enact such
ordinances or other local legislation which the Sewer
Committee may request as soon as practical, and Alexander
expressly agrees that this covenant may be enforced by the
Sewer Committee in a Court of Equity in accordance with the
law of Arkansas in Pulaski County, Arkansas which the
parties expressly stipulate is the appropriate venue for any
such action. If the laws of the State of Arkansas do not
now or hereafter authorize such actions, then the Sewer
Committee is authorized to enter into contracts with
Industrial Users to assure compliance by Industrial Users
with Pretreatment Standards and Requirements. Any such
contract will provide for liquidated damages for violation
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720
of Pretreatment Standards and Requirements and will include
an agreement by the Industrial User to submit to the remedy
of specific performance for breach of contract, enforceable
by a court situated in Pulaski County, Arkansas.
(7) The definitions set forth at 40 C.F.R.
§403.3, as amended, are expressly incorporated by reference
herein as if set forth word for word and a copy thereof is
attached hereto marked Exhibit "B ".
6. Future Connections with the Sewer System in
Alexander. Alexander shall have no authority to extend or
permit any future connections to the Sewer Facilities
referred to in this Contract and Alexander agrees not to
allow or permit any sewer extension to any area outside the
incorporated area of Alexander as the boundaries exist on
the date when this Contract is executed or when they may be
changed in the future without the prior written approval of
Little Rock by resolution of the Little Rock City Board of
Directors. Alexander further agrees not to allow or permit
any future sewer main extensions and /or sewer connections
within the city limits of Alexander served or not currently
served unless Alexander obtains the prior approval in
writing of the Little Rock Sanitary Sewer Committee and
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payment is made to S.I.D. 4142 for any sewer main extension
fees. A map of Alexander showing the current boundaries is
attached hereto as Exhibit "C ". A copy of the agreement
dated March 4, 1980 between S.I.D. #142 and the Sewer
Committee containing paragraph 6(b) on page 6 referring to
extension fees due S.I.D. 4142 is attached hereto, and
marked Exhibit "D ".
7. Future Extensions of Service. Little Rock and the
Sewer Committee shall not be obligated for and assume 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 Little Rock and the Sewer Committee and payment is
made to S.I.D. #142 for any sewer main extension fees. This
Contract anticipates no more than 820 residential Alexander
connections which generate an amount of wastewater flow not
to exceed a peak daily flow rate of 750 gallons per minute
with the maximum flow rate being based on the capacity of
the 18" diameter collector presently serving the City of
Alexander, as determined by the Mannings formula set forth
on Exhibit "E" attached hereto; provided, however, there may
be a combination of residential, commercial, and industrial
13
users
otherwise permitted by land
use
controls
such
as
722
zoning,
and subdivision regulations,
on
condition
that
the
maximum peak daily wastewater flow rate for any combination
of such permitted users does not exceed the peak daily
wastewater flow rate of 750 gallons per minute as specified
herein. In any event, anyone desiring such an extension of
service beyond the existing facilities hereby served shall
bear the full cost thereof, including all costs of any
nature whatsoever involved in making such extension or
making available such service and any connection fees set by
the Little Rock Sanitary Sewer Committee which shall have
the sole authority to do so. The further extension of
service shall be in accordance with the rules and
regulations of the Little Rock Sanitary Sewer Committee and
subject to its approval at the time of the extension of
service.
ordinance, and
Pre Treatment Ordinance.
Before any
zurtner
sewer service
is provided
through
connections
to or
extensions of the Sewer Facilities referred to in this
Contract, Alexander shall furnish proof of the adoption of a
comprehensive development plan and zoning ordinance and
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723
resolution mandating the application and enforceability of
Little Rock sewer use and pretreatment requirement to and
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 any further sewer service is
provided by Little Rock either through a sewer connection or
sewer extension specified in this Contract with such
resolution to be approved by the Manager before said
connection is made; and Alexander covenants to maintain and
enforce at all times said comprehensive development plan,
zoning ordinance and cooperate with Little Rock for the
enforcement of an ordinance.
9. Title and Maintenance Responsibility for Public
Sewer Facilities Located and /or to be Located in Alexander.
Title to and maintenance responsibility for any and all
public sewer facilities subject to this contract being
defined as those pipes or conduits having a diameter of
eight (S) inches or larger, normally equipped with manholes
located in rights of way or easements together with all
appurtenances thereto, shall be in Little Rock, provided
however, any storm water facilities are not included as part
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of the Sewer Facilities herein referred to or assigned, and
any storm water facilities shall remain the property of
Alexander.
10. Title and Maintenance Responsibility for Building
Sewer or Private Service Lines. Title to and maintenance
responsibility for any building sewer connecting each
customer's public facilities to the public sewer line shown
in Schedule "1" to Exhibit "A" attached hereto or private
service line or to any extension thereof shall remain with
the respective property owner, even though a portion of the
building sewer or service line may be installed in the
public right of way or easement; and Little Rock shall have
no liability or responsibility for the operation or
maintenance of said building sewer.
11. Term of Contract. Unless terminated earlier, the
term of this Contract shall be for a period of fifteen (15)
years from the date hereof at which time it will expire;
provided, however, this Contract may be extended by the
agreement of the parties hereto upon notice given by either
party prior to the end of the term and adoption, thereafter,
of approving ordinances by Alexander and the City of Little
Rock, Arkansas.
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12. Assignment or Transfer. This Contract and the
rights hereunder shall not be assigned or transferred by
Alexander, and shall be binding upon the successors of
either party.
13. Taxes. Alexander 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
Alexander 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 Alexander.
14. T rmina ion. This Contract may be terminated by
Little Rock if Alexander 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
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Alexander, including all residents and /or customers shall
stop using the Sewer Facilities and Alexander shall
immediately remove the sewer connection provided herein. It
is the intention of the parties hereto that Alexander shall
be solely responsible for the treatment of its sewage upon
termination of this Contract, failing which Little Rock
shall be entitled to recover from Alexander all damages
sustained by Little Rock of any nature whatsoever
proximately caused by any violation by Alexander or its
residents of any provision(s) of this Contract, including
but not limited to the failure of Alexander or its residents
to remove said sewer connection and cease use of the Sewer
Facilities, and Little Rock's costs and expenses for
treatment of said sewage in the event Alexander fails to do
SO.
15. Notices. All notices hereunder shall be in
writing with copies sent to Mabelvale-Alexander Sewer
Improvement District X142, c/o Jack Larrison, District
Assessor, 11518 Fairview Road, Little Rock, Arkansas 72212,
and shall be deemed to have been duly given when sent by
certified mail, postage prepaid, as follows:
M-1
Contract.
17. Goye nm n al 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.
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727
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 Alexander: All copies to:
City of Alexander Mabelvale- Alexander S.I.D.##142
City Hall c/o Jack Larrison
Second & Main Streets District Assessor
Alexander, Arkansas 72202 11518 Fairview Road
Attention: Mayor Little Rock, Arkansas 72212
16. Update or Rpg la ions. Alexander 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 by the Sewer Committee acting through LRWU shall
have the right at all times, if it deems necessary or
appropriate, to inspect all individual tie -ons, connections
to or extensions of the Sewer Facilities referred to in this
Contract.
17. Goye nm n al 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.
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18. Invalid Provision Shall Not Invalidate Contract.
The parties agree that in the event any paragraph, sentence,
clause or word(s) of this Contract shall be held to be
invalid, illegal or unenforceable, all other terms and
provisions of this Contract shall remain in full force and
effect, and this Contract shall be construed as if not
containing the particular provision or provisions held to be
invalid.
19. contract Legal3y Binding. All parties to the
Contract agree to the terms contained herein and represent
to each other that the terms of this Contract have been duly
accepted and approved by the authorized representatives of
the parties hereto; and all parties covenant to each other
that all action required by law has been taken to make this
Contract legally binding and enforceable and that the
parties hereto shall have all of the rights and remedies
under the law of Arkansas to enforce the terms of this
Contract.
20. Vanua in Pulaskj County, Arkansas. The parties
expressly agree that any legal or equitable action of any
nature whatsoever must be brought in appropriate courts
situated in Pulaski County, Arkansas, and that court shall
O
be the proper venue for any such action to assert
jurisdiction over the parties hereto, as well as the subject
matter thereof.
IN WITNESS WHEREOF, the parties have caused this
contract to be executed by their duly authorized
representatives on the P%%J day of �n g- 4&gV_6Aw , 1997.
CITY OF LITTLE BOCK, ARKANSAS
By:
Ma o
LITTLE ROCK SANITARY SEWER
COMMITTEE
By:
Chair
ATTEST:
Manager
Little Rock Wastewater Utility
CITY OF ALEXANDER, ARKANSAS
By:
Mayor
21
Attest:
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
On this day of , 1997, before
me, a Notary Public, duly commissioned, qualified and
acting, within and for said County and State, appeared in
person the within named James Dailey and
being the persons authorized by the City of Little Rock to
execute such instrument, stating their respective capacities
in that behalf, to me personally well known, who stated that
they were the Mayor and of the City of
Little Rock, respectively, and executed and delivered said
foregoing instrument for the consideration, uses and
purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
official seal this day of , 1997•
Notary Public
My Commission Expires:
(SEAL)
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
On this day of , 1997, before
me, a Notary Public, duly commissioned, qualified and
acting, within and for said County and State, appeared in
person the within named Brenda James and Reggie A. Corbitt,
being the persons authorized by the Little Rock Sanitary
22
731
Sewer Committee and the Little Rock Wastewater Utility to
execute such instrument, stating their respective capacities
in that behalf, to me personally well known, who stated that
they were the Chair of the Little Rock Sanitary Sewer
Committee and Manager of the Little Rock Wastewater Utility
and executed and delivered said foregoing instrument for the
consideration, uses and purposes therein mentioned and set
forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
official seal this day of , 1997•
Notary Public
My Commission Expires:
(SEAL)
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
On this day of , 1997, before
me, a Notary Public, duly commissioned, qualified and
acting, within and for said County and State, appeared in
person the within named Shirley Johnson and
, being the persons authorized by the City
of Alexander to execute such instrument, stating their
respective capacities in that behalf, to me personally well
known, who stated that they were the Mayor and
of the City of Alexander, respectively,
and executed and delivered said foregoing instrument for the
consideration, uses and purposes therein mentioned and set
forth.
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IN TESTIMONY WHEREOF, I have hereunto set my hand and
official seal this day of , 1997.
My Commission Expires:
(SEAL)
Notary Public
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TABLE OF EXHIBITS
OF
CONTRACT BETWEEN CITY OF ALEXANDER, ARKANSAS
and
CITY OF LITTLE ROCK, ARKANSAS
and
THE LITTLE ROCK SANITARY SEWER COMMITTEE
EXHIBIT "A" Easement (with Schedule "1" attached thereto)
EXHIBIT "B" Copy of definitions contained in 40 C.F.R.
§403.3, as amended, consisting of 4 pages.
EXHIBIT "C" Map of City of Alexander
EXHIBIT "D" Agreement dated March 4, 1980, between S.I.D.
#142 and Little Rock Sanitary Sewer
Committee, consisting of pages 1 through 7,
EXHIBIT "E" Mannings Formula and computation determining
820 residential connections referred to on
Page 13 of the Contract (pages 1 and 2),
RIGHT -OF -WAY EASEMENT
w = M
734
KNOW ALL MEN BY THESE PRESENTS:
THAT THE CITY OF ALEXANDER, ARKANSAS, GRANTOR, a munici-
pality organized under and by virtue of the laws of the State of
Arkansas, by its duly authorized representative, Mayor Shirley
Jo n1SOR• and by proper resolution of its City Council, for good
and valuable consideration received from the Little Rock Sani-
tary Sewer Committee, the receipt of which is hereby acknowl-
edged, does hereby, subject to prior recorded mortgages and
easements, if any; grant, bargain, sell, assign, and convey unto
the City of Little Rock, Arkansas, for. the use and benefit of
the Little Rock Sanitary Sewer Committee, GRANTEE, and unto its
successors and assigns forever, the following- described easement
for all of the sewer lines eight inches (8 ") or larger with
manholes, shown on ScHedule "1" attached hereto:
1. A PERMANENT RIGHT, PRIVILEGE AND EASEMENT for the
purpose of permitting the Little Rock Sanitary Sewer Committee
and the Little Rock Wastewater Utility to (a) lay, construct,
operate, maintain, repair, replace, reconstruct, test, inspect
and add sewer mains and sewer lines whether one or more, and
without the payment of additional compensation therefor; (b)
keeping the easement clear of all building and other improve-
ments of any kind except streets or roads; and (c) having the
right to free ingress and egress across adjacent lands of the
GRANTOR(S) to the lands hereinafter described. Subject to prior
easement of record and except as hereinafter stated, the Little
Rock Sanitary Sewer Committee shall have the exclusive use of
this right -of -way and easement; and the GRANTOR may hereinafter
use the surface of the easement for any purpose not inconsistent
with the rights hereby conveyed, but may not place a building,
footing, wall, structure, or other improvement upon the right -
of -way except that, after the initial sewer construction is
completed, the GRANTOR may pave the easement surface and may use
it for driveways, walks, parking areas, streets or roads. The
GRANTOR may permit other utility service to cross this easement
at approximately right angles, but only if such utilities first
comply with whatever specifications the Little Rock Sanitary
Sewer Committee and the _Little Rock Wastewater Utility may
designate at the time for the protection ofr its own facilities.
This permanent easement shall be upon -the following - described
lands situated in Pulaski County and Saline County, Arkansas,
to -wit:
A strip of easement, -varying in width
not to exceed 20' with the centerline being
the existing sewer lines eight inches (8 ")
or larger with manholes all owned by the
City of Little Rock, as shown in Exhibit "1"
attached hereto, or the width of the exis-
ting easement, street, or right -of -way in
which said ,lines are located, as herein-
after described, whichever is 20' in width
or less, all of which being located in those
Utility easements and rights -of -way owned by
the City of Alexander (or, in the case of
Kelliwood Subdivision, the sewer easementls)
in which the City of Alexander has any right,
title or interest), utility easements,
streets, and /or rights -of -way on the plat
filed of record at Plat Book 1, Page 129 and
dated June 6, 1910, the Planning Area Map of
the City of Alexander, Arkansas, filed of
record as Instrument No. 82 -12788 in the
real estate records of Pulaski County,
Arkansas and dated April 15, 1982, and the
Replat of Kelliwood Subdivision located
EXHIBIT "A"
within the corporate limits of the City of
Alexander, filed of record at Book B, Page
276 in the real estate records of Pulaski
County, Arkansas and dated July 10, 1989;
all of which being existing sewer lines
eight inches (8 ") or larger with manholes
being shown on the "as- built" survey
attached as Schedule "1" hereto and
incorporated herein by reference.
The execution of this easement does not give the GRANTOR
the right to connect to or receive service from any sewer or
wastewater facility; the right to make connections and receive
service shall be subject to the rules, regulations, policies or
ordinances in effect at the time of application.
To have and to hold said easement, righter and privileges
unto the GRANTEE, and unto its successors and assigns forever,
for the purposes aforesaid.
And GRANTOR covenants with GRANTEE, its successors and
assignees, that subject to prior recorded mortgages and ease-
ments, if any, it will forever warrant and defend the title to
said easement and rights against the claims of all persons
whomsoever and that GRANTEE, its successors and assigns, shall
have at all times the quiet use of enjoyment of said easements
and rights.
IN WITNESS WHEREOF, the name of the GRANTOR is hereunto
affixed by its undersigned authorized Mayor and attested to by
its City Clerk, this , day of , 197.
ATTEST:
CITY OF ALEXANDER, ARKANSAS
By:
Shirley Johnson, Mayor
a
ACKNOWLEDGMENT
STATE OF ARKANSAS) '
)SS
COUNTY OF PULASKI)
On this day personally appeared before the undersigned, a
Notary Public within and for the County and State aforesaid,
duly qualified, Commissioned and acting, Shirley Jotmson and
to me well known, wno stated that they
were the Mayor and City Clerk of the City of Alexander,
Arkansas, and were duly authorized in'.their respective
capacities to execute the foregoing agreement for and in the
name and behalf of said municipality, and further stated and
acknowledged that they had so signed, executed and delivered
said easement for the consideration, uses and purposes therein
mentioned and set forth.
WITNESS MY HAND and official seal this _day of
. 1947.
My Commission Expires:
0736H
-2-
Notary Public
`735
SEC 13 1
SCHEDULE I
TO RIGHT -OF -WAY EASEMENT
A DRAWING OF THE PUBLIC SEWER FACILITIES CONSISTING
OF PIPES EIGHT INCHES OR LARGER AND MANHOLES WITH
COVERS OWNED BY THE CITY OF LITTLE ROCK, ARKANSAS
FOR THE USE AND THE BENEFIT OF THE SANITARY SEWER
COMMITTEE OF LITTLE ROCK, ARKANSAS LOCATED WITHIN
THE CITY OF ALEXANDER, ARKANSAS, A MUNICIPALITY LOCATED IN PART
OF THE FRACTIONAL SOUTHWEST QUARTER AND WEST HALF
OF SOUTHEAST QUARTER OF SECTION 18, T -1 -S, R -13 -W,
PULASKI COUNTY, ARKANSAS, AND IN PART OF THE EAST HALF
OF THE SOUTHEAST QUARTER OF SECTION 13, T -1 -S, R -14 -W,
SALINE COUNTY, ARKANSAS, AS SHOWN ON THE PLAT FILED
OF RECORD AT PLAT BOOK 1, PAGE 129 AND DATED JUNE 6, 1910,
THE PLANNING AREA MAP OF THE CITY OF ALEXANDER,
ARKANSAS, FILED OF RECORD AS INSTRUMENT NO. 82 -12788
IN THE REAL ESTATE RECORDS OF PULASKI COUNTY, ARKANSAS
AND DATED APRIL 15, 1982, AND THE REPLAT OF KELLIWOOD
SUBDIVISION LOCATED WITHIN THE CORPORATE LIMITS OF THE
CITY OF ALEXANDER, ARKANSAS, IN PART OF THE SOUTH HALF
OF SECTION 18, T -1 -S, R -13 -W, PULASKI COUNTY, ARKANSAS
FILED OF RECORD AT BOOK 8, PAGE 278 IN THE REAL
ESTATE RECORD OF PULASKI COUNTY, ARKANSAS AND DATED
JULY 10, 1984.
NO
O
H
20' ESMT ON AU
8 MH'S IN STREET
SEC 11 1
E NUMBER
E
MAIN
: LINE
PREPARED IiY: EVANGELINE O'NEAL.
DATE: JULY 1997
ZIP DRIVE
O: \T- LUTHER \ALEXAND2.OWG
LITTLE ROCK WASTEWATER UTILITY
SCHEDULE 8
TO RIGHT-OF -WAY EASEMENT
SIU
S MER
EMi�rra23 ((
737
54113 -1
40 M Ch. l (7-1-46)
4w,to Development and aubmlmlon of
rall or bthIruche introduced into
_
NPDEB State pretreatmaut Praerea.
POTWS as deflaed below In 5403.3;
462.11 Apvravai vroaeduroa for POTW
(2) To s which receive
pretreatment prOgiartw and PPTW grant-
waetewafR! m sources subject to Na-
f2 of porting crudita.
ta),13 [or pOTW's
Lionel ProtreElLment Standards:
Industrial users.
and tadoeafa! caeca.
(3) To 3ta which have or are ap-
•144
.
4at.13 variances tram categorical
plying for atianal Pollutant Die -
pretreatmeat atandarda for Madame.-
charge gilmibatton System (NPDES)
Wily d(e4renc faorors,
programs app{ovod to accordance with
402.14 Confldentla)Ity_
40315 NotoGruse calculation.
section 403 of he Act; and
4M.16 UDaet pcovlalao_
(4) To any n 3w or e.,dattng source sub -
403.17 JRYP v.
]ect to Pretiescment Standards. No-
4a&14 ModineatLoo of PoTW Pretreatment
clonal Featm,teusnt Standards do not
Program"-
apply to soutcas which Discharge to a
APPwDR A -M PART 401 — PROGRAM OurD"cz
sewer which i is not connected, to &
Msu0RAlrDaa(
PCTW Treatnient Plant.
APPet+Drx B To Pmrr 403-4p esenvao]
APPaFDP( C TO PART las- {Rtisn vcol
(46 F R 9139, Jap. 28. 1991. as amended at 48
Arra ]Z D TO PART 401--- 8erarrap Ixova-
FR 7714, Jan. 21, I963; W FFL 32432 Jae 29,
•
True SasCATSaoaaa CMSMP = DMUn
19951 !
FOR PrmPostre of Tea COMsTK=
��'"""
WARTROTRSetf FORxou
g4pgs Objeo sea of general
APPCgDIX E N PART 10"AamGpra l.'ttocS•pa(ty
nt regulat(ou9.
nuara
APPSnDIX F (lisasayso]
By eet&blt tng the r0apoasfD(llifee
APPmesM U To PART W3— Ponataara ElWble
of goveraa(er t and industry to imp)e-
for a Removal Credit
meat Nation Pretreatment Standards
Atrntoaa?- Sea. R(c)(2) of the Clean Water
this regulstll fulfIlls three objectives:
Act of 1977, (Pub. L. 85 -2171 aectiaea
(a) To pre ant the introduction Of
9i4(b)(1)(C), 219(bX2XC)(hl). WI(bX1XA)(n)•
Pollutants i to POTWs which will
Sll(b)(2)(AXIM 331(bX2)(C), 301(hX5). 311(t)(2).
interfere wf h the operation of a
3o4(e), 301(8). spf. 2®. 3S. 4a2(b), 409. and
501(x) of the Federal Water Pollattou Coutrof
�.S.W, fnelu xrg Interference with its
Act (Pab. L- 92-600) ea amended by the Clean
use Or did of municipal sludge;
Water Ant of 1977 and the Water Quality Act
(b) To proTanL the introduction Of
of 1987 (Pub. L_ I00-4).
pollutants Into POTWa which will pass
Boo 49 FR 9419- Jan, 28. 1991, unleaa
through the t Matmeut works or other -
otherwise noted•
wise be lncormp&ttble with such works;
g 403.1 FVrpoge and aPplkabtllty
sad
(c) TO lmpr'pve opportunities to recy-
(a) TWe part imoiaments sections
cle and root m municipal and indua-
. 204(bXIXC), 208(bX2) (CXlil),
trial wastewakers and sludges.
301(bX1XAXU), 801(b)(2) (AXil). 301(h)(5)
I
sad 301(1X3). 304 (e) abd (g), SM. 308.309,
14G&9 Defin.ttiona,
4agb), 406. and Sol( &) of the Federal
For the p &as of this part-
Water PaUti on Control Act as amend-
A. E1rcePt was discussed below, the
ed by the Clean Water Act of 1977 (Pub,
g neral defin dons, abbreviations, and
IL 95 -217) or 'The Act". It astabliahes
methods of a (9 net forth in 40 CFA
respanefbiltties of Federal, State. and
put 401 ebal apply to tble regulation.
local government, industry and the
(b) The rm Act means Federal
publtO to implement National
Pretreatment Standards to control pol-
Water POW Lion Control ACt, $6160
lutanta which pass through or interfere
. known as t Le Clean Water Act, as
with treatment processes in Publicly
amended, 33 U.S.C. 1251, at seq.
farm Authority
Owned Treatment Works (POTive) or
(o) The Approval
means the Director la &a NPDffi Erato
13
Ravage slud
which may aantam sludge.
(b) This regulation applies•
with as apty oved State pretreatment
(1) To pollutants em non - domestic
St
sources coveted by Pretreatment
program 9=4 the aPPeopeiate Regional
Administrate' In a non -NPDES State
Standards whirl[ are indirectly dis-
or NPDES State without an aPProved
charged into or trwisported by truck or
State pra(relg tx [eat Prrog VurL
-
10
EMi�rra23 ((
(d) The farm Approved POTW
p,nrvabnent Program or Prograan or
program adm Wired POTW that
meets the criteria established in this
regWation (%4a2_8 and 4039) and which
has been approved by a Regional Ad-
nrin(acrator or State Director in so-
cordance with 5408.11 of Life regula-
tion.
(e) The term Director means the chief
adraWattative officer of a State or
Interstabe water pollution neutral
agency with an NPDES permit pro-
gram approved Duraus.at to section
402(b) of the Act and an approved States
pretreatment program.
(I) The term Water Management Divi-
sion Director means one at the Directors
of the Water Management Dtvistons
within the Regional offices of the Snv)-
ronmeatal Protection Agency or this
person's delegated representative.
(g) The term Indirect Discharge or Du-
charge means the introduction of pol-
lutaats Into a POTW from any nondo-
meetic source regulated under section
307(6). (c) or (d) of the Act.
(h) The term h%drutrial User or User
means a source of Indirect Discharge.
(t) The term later ere Ct, means a Dis-
ehame which, alone or !a conjunction
With a discharge or discharges from
other scurom both:
(1) Inhibits or disrupts the POTW. Its
treatment processes. or operation, or
its sludge processes, use or disposal.
and
(2) Therefore 1e a cause of a violation
or any requirement of the POTW's
NPDE3 permit (including en increase
In the magnitude or duration of a vio-
lation) or of the prevention of sewage
sludge use or disposal in compliance
with the following statutory pmv(stous
and regulations or permits issued
thereunder (or more stringent State or
TOW regu(atidne); Secticn 405 of the
Clean Water Act, the Solid Waste Dis-
posal Act (SWDA) (including title 11,
more commonly referred to as the Re-
eoarce Conservation and Recovery Act
(RCRA), and including State regula-
tions contained in any State sludge
management plan prepared pdrsuant to
subtitle D of the SWIM). the Clean Air
Act. the Toxic Substances Control Act,
and the Marino Protection, Research
and Unct-daziea Act-
I1
738
ji AM-3
(jl The ratan Na al Standard or
Standard, PrdreoLnen Standard, or
Standard means any rsgnlattaa aov-
taining pollutant di limit, pro -
malgated by the BPI In accordance
with section 307 (b) (rara�(d( (c) of the Act,
Which app)tea to Ind trial Users. This
Corm includes pia Live discharge
limits e,tabliahad cant to 5403.5.
(kxl) The form N SonrM means
any building, attuct factlity or in-
atailaUan from whit$ there is or may
be a Discharge of pollutants. the con-
struction of which 'commenced after
the puhlicatton I of proposed
Pretreatment Standards under section
307(c) of the Act w*h will be appifca
bit to such source }f such Standards
are thereafter pram d In amord-
ance wlth that tin, provided that:
(1) The building, a tare, facility or
lastallatiou is eaaaated at a alto at
which no other sour a in located; or
(if) The hulldf ,jetnrcture, taellAy
or installation to ly replaces the
process or produc on equipment that
causes the dash of pollutants at
an existing source; br
(fit) The praduc as or wwstewatar
generating proo e of the Du11ding.
Structure, facility or installation are
substantially inde ndent of on exist-
tar source at the jasme alto. In dater
mining whether thus ire subataattatly
Independent, factoks Ruch as the extent
to which the new F'acflity to integrated
with the existing plant, and the extant'
to which the new �&cllity 1S engaged In
the same gene type of activity as
the extstint: souerzo should be cousid-
octd.
(2) Construction on a Site at which an
e)datiag source 18 located resulte In a
modification ratter than a new source
if the construction does vat create a
new building, structare, facility or In-
stallation meetl7c the criteria of para-
graphs (k)(IXU)i or (kXlXili) of this
section but athdrwise alters, replaces,
ar adds to cxisdng process or produc-
tion equipment
(3) Construction of a new source as
defined under tt(s paragraph has com-
menced If the owner or operator has:
(i) Begum or caused to begin as pat
of a cantinas onalte construction
program:
(A) Any placl ent, assembly, or in-
scallation of foil /ties or equipment; or
M
is
•
C I
•
§ 403.3 40 CFR qt. 1 (7-1-% IRIM0 t) 739
(B) Significant site preparation work
Including clearing, excavation, or re-
moval of existing buildings, structures,
or feeilftles wblch to necessary for the
placement, assembly, cc installation of
now source facilities or equipment; or
(ii) Ratered Into a binding cantme-
tual obligation for the purchase of fa-
cilities or equipment which are in-
tended W be used in its operation with-
In a reasonable time_ Options to pax-
chase or contracts which can be termi-
nated or modified without substantial
lose, and contracta for feasibility, angi-
neering, and design studies do not con -
etituto a contractual obligation under
this paragraph.
(1) The terms NPDES Permit or Permit
means a permit issued to a POTW pur
euant to section 402 of the Act.
(m) The term NPDES. State means a
State (as defined in 40 CM 122.2) or
Interstate water pollution control
agency with as NPDES permit pro-
gram approved pursuant to section
402(b) of the Act.
(u) The term Pass Through moans a
Discharge which exits the POTW Into
watars of the United States in qunn-
tittes or coaeeat atioaa which, alone or
in conjunction with a discharge or dfa-
charges from other sources, is a cause
of s. violation crony requirement of the
POTW'a NPDES permit (including an
increase in the magnitude or duration
of a violation).
(o) The term Publicly Owned treat -
ment Works or POTW means a t mat -
ment works as defined by section 212 of
the Act, which is owned by a State or
municipality (as defined by section
502(4) of the Act). This definition to-
clades any devices and systems used in
the - storage, troatment, recycling and
reclamation of municipal sewage Or in-
dustrial wastes of a liquid nature. It
also includes zowere, pipes and other
conveyances only If they convoy
wastewater to a POTW Treatment
Plant. The term also means the mu-
aieipality ae defined is section 502(4) of
the Act, which has jurisdiction over
the Indirect Discharges to and the die,
charges from such a treatment works.
(p) The term POTW Treatment Plant
means that portion of the POTW which
—.Is deeigaed to provide treatment (in-
eluding recycling
municipal sewage s
(a) The tetra Pre
reduction of the at
the el(mlaation of
teratlon of the t
properties is waste
lieu of discharging
ducing ouch pollut
The reduction or a)
tataed by physical.
Cal processes, pro,
other means, axes
5403.6(d). Appropr
technology ineW
meat, such as egos
ciliclee, for protea
or slug loadings t,
with or otherwise t
the POTW. Remove
from a regulated In
equalization facilit
wastewater or wit
another regulated
from the equalise
meet an adjusted
calculated In accor
(r) The term Prot
means any subst.�
requirement relate
other than a Nat
Standard, imposed
User.
(s) The term Re
means the appropr
Administrator.
(t) Significani Isw
cept ea provided Is
this Section, the t,
dastrial User means
(1) All industrial i
Worical rmtroatm
40 CFR 409.6 and 40
chapter N; and
(11) Any other fi
discharges an aver
per day or more of
to the POTW Oxcl
contact cooling
westawator); cant)
wastestream whta
or more of the aveggqqqq
draulic or or
POTW treatment
Ignated ae such by'
ity as defined in 401
IPA
id reclamation) of
.d Industrial waste.
ealment means the
Duat of pollutants,
dlutants, or the al-
ters of pollutant
ester prior to or to
)r otherwise fatro-
ate fate a POTW,
erasion may be ob-
hemlcal or biologi-
sa changes ar by
as prohibited by
rte pretreatment
s control equip -
mc(on tanks or fa^
on against surges
Lt might Wteffare
Incompatible with
where wastewater
Ones is mixed In an
with unregulated
wastewater tram
acese, the effluent
Ion facility must
"treatment Molt
nice with § 4nfi(e).
rtmant roviremenfr
ive or prooedatal
to Pretreatment,
nal Pretreatment
on an Industrial
L Administrator
EPA Regional
strfal Mrs. (1) Ex-
paragraph (t)(2) of
rm Significant In-
s Subject to Cat-
Standards under
I chapter L sab-
Austrial near that:
Lge of 25,000 gone=
process wastewater
rding sanitarY, non -
A boiler blowdoga
Abutes a prase®
makes an 5 percent
xge dry capacit weather f the
plant; or is das-
the Control Author
CFR 409.12(a) an the
M
- vqW�'1s
O.
irte:
Li
it
O.
irte:
2 �
it
NSt,�"Rd
2 �
A G R E E M E N T
THIS AGREEMENT is made and entered into this IL day
of M4Zz , 1980, between the MABELVALE- ALEXANDER
SEWER IMPROVEMENT DISTRICT NO. 142 (the "District "), a public
body corporate and politic, duly created by ordinance of the
Board of Directors of the City of Little Rock, Arkansas, and
the LITTLE ROCK SANITARY SEWER COMMITTEE (thc "Committee ") , a
public body corporate and politic, duly created by ordinance
of the Board of Directors of the City of Little Rock,
Arkansas (references to the Committee shall also be deemed to
be references to the Little Rock Wastewater Utility, the
operating division of the Committee),
W- I- T- N- E- S- S- E -T -H:
WHEREAS, pursuant to the Constitution and laws of the
State of Arkansas, particularly Title 20, Chapter 1
(Sections 20 -101 et seq.), of the Arkansas Statutes Annotated
(1968 Real.), as amended, the District is authorized in fur-
therance of the public purpose of construction of sewers to
contract for the construction, maintenance, utilization and
operation thereof; and
WHEREAS, the Committee, pursua it to the Constitution' and
laws of the State of .Arkansas, particularly Title 19, Chapter
:..41- (Sections 19 -4101 et seq.) of the Arkansas Statutes
. "Annotated (1968 Repl.) and ordinances of the City of Little
Rock, Arkansas, is charged with effecting and supervising
the construction, acquisition, improvement, equipment,
custody,.operation and maintenance of works for the collection,
treatment and disposal of sewage and the collection of
revenues therefrom for the service rendered thereby for the
.,
City of Little Rock, Arkansas; and t
..WHEREAS, the Committee has been awarded by the Uni.f.c.i
States Environmental Protection Agency (the "El'A ") Sc,'1'
t
2 Grant Assistance for preparation of con;; cuc't: ion <!;* .m
EXHIBIT ° D °
M M
7141
MEN, �■�
and specifications, and intends to make application with the 742
EPA for Step 3 Grant Assistance for building and erection of
a sewage treatment works under Project No. C- 050426 -1, known
as "Little Rock Fourche" (the "EPA rants "), which EPA Grants
will provide up to 758 of the overall costs for developing _
plans and specifications and actual construction of a com-
prehensive extensio;, of the Little Rock Sanitary Sewer System;
and
WHEREAS, one benefit to be derived by the awarding of
the EPA Grants to the Committee is the extension of sewer
service by the Committee to certain areas contained within
the boundaries of the District; and
WHEREAS, the District and the Committee desire to set
forth their respective rights and responsibilities regarding
the construction, payment of costs, ownership, operation and
maintenance of the sewer works ar.ticipated to be constructed
by the Committee within the boundaries of the District, and
to clarify and describe the functions of the parties during
the time the said sewer works shall be pursued, planned,
constructed and thereafter operated.
NOW, THEREFORE, for a valuable consideration, the
sufficiency and receipt of which are hereby acknowledged,
the parties hereto agree as follows:
1. Definitions. In addition to the words and terms
—
elsewhere defined in this Agreement, the following words and
terms shall have the following meanings:
"Grants- Assisted Project" means all interceptor sewers
and appurtenances to be constructer within the boundaries of
-. . the District in accordance with the terms of the EPA Grants
which are eligible for grant assistance under thr rr7\ nr ants.
"Non Grants- Assisted Project" means all sewer ).i.nC5
and related facilities to be constructed within the b0111)daries
f
-2-
of the District in accordance with the terms of the EPA
Grants which are not eligible for grant assistance under the
EPA Grants.
"Projects" means the Grants - Assisted Project and the
Non Grants - Assisted Project.
. "GAP District Costs" means -, with respect to all costs
incurred in connection with the construction of the Grants -
Assisted Project (including, without limitation, costs of
planning, engineering, right- of -wa;• acquisition, surveying,
appraisals and administration), ali such costs in excess of
funds received by the Committee under the EPA Grants in
connection with the Grants - Assisted Project.
"NGAP District Costs" means all costs incurred in connection
with the planning, engineering, right -of -way acquisition, sur-
veying, appraising and administrating, but excluding con -
structing, of the Non Grants - Assisted Project.
2. Construction to Boundaries of District. Provided that
the Committee shall be awarded the Step -3 Grant Assistance par -
tion of the EPA Grants and provided that the City of Little
Rock shall provide to the Committee sufficient revenues to enable
thd.Committee to perform its responsibilities under such Step
.3 Grant Assistance, the Committee shall construct, at its
expense, interceptor sewers and appurtenances and treatment
works to. bring sanitary sewer service to the boundaries of
the District.
.GL,3. Grants- Assisted Project. (a) The Committee shall
construct the Grants - Assisted Project in accordance with the
terms of the EPA Grants. The District agrees to reimburse
the Committee for all GAP District Costs.
(b) As part of the construction of the
'Project, it will be necessary for the CommiCCo,• to .nryui r.:
3
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743
certain rights -of -way and easements from property owners with-
in the boundaries of the District. The District_ agrees to use
its best efforts to assist the Committee in such acquisition,
including, in this regard, acquiring such rights -of -way and
easements in the name of the District (but at the expense of
the Committee, subject to reimbursement of GAP District Costs)
and subsequently conveying same to the Committee, when in
the judgment of the Committee and the District such acquisi-
tion by the District would be desirable. Any such acquisition
by the District shall be made in accordance with the require-
ments set forth in 40 Code of Federal Regulations, Chapter I,
Part 4, Subpart F (54.600 et seq.) and Appendix A thereto.
(c) During the period of construction of the Grants-
Assisted Project, the Committee shall submit monthly certified
reports to the District showing the costs incurred by the
Committee in connection with such ;: onstruction, and specifying
the portion thereof which represents GAP District Costs.
Within thirty (30)' days of its receipt of each such certified
report of costs, the District shall (i) if the District has
at such times issued bonds cf the District, pay to the
Committee.the amount of the GAP District Costs or(ii) if
the,District has at such time not issued bonds of the District,
issue and deliver to the Committee the District's Certificate
of,-..Indebtedness, as described in paragraph 5, below, in the
amount of the GAP District Costs as set forth in such report.
4., Non Grants - Assisted Project. (a) The District shall
.construct the Non Grants - Assisted Project as represented in
the:EPA Grants applications and such construction shall be
completed in accordance with the Committee's latest standards
and specifications for sewer construction.
(b) The Committee agrees to financially assist the Dis-
trict in payment of NGAP District Costs nrio"r Co t.h,
of bonds of the District in the follow.inn ma nn.r: 1
During the period beginning on the date oC lhi.:;
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M M MI
am
r
M M M M �
and ending on the date of issuance of bonds of the District,
the District shall submit monthly •-. ertified reports to the
Committee showing the NGAP District Costs incurred by the
District. The District shall attach to each such certified
report (i) copies of all statements and invoices received by
the District during the preceding month and specifying the
portion thereof representing NGAP District Costs and (ii) the
District's Certificate of Indebtedness, as described in
paragraph 5, below, in the amount of the NGAP District Costs
set forth in the said report. Within ten (10) days of its
receipt of each such certified report.with attached statements
and invoices and Certificate of Indebtedness, the Committee
shall pay directly to the billing parties the amounts of each
such statement or invoice representing NGAP District Costs.,
The Committee shall provide copies of its checks in payment
of such statements and invoices to the District.
5. District Certificates of Indebtedness. In order to
accomplish the reimbursement to the Committee of GAP District
Costs prior to the issuance of bonds of the District and in
order to evidence the District's indebtedness to the Committee .
for NGAP District Costs advanced to the District by the .
Committee prior to the issuance of bonds of the District,
the District agrees to issue, from time to time, its Certificates
of Indebtedness, as authorized by Act No. 310 of 1991 and .
Act No. 163 of 1967, as amended, payable to the order of the
".�,. Committee, dated the date of delivery and bearing interest
at the rate of 8 per annum, such Certificates of
Indebtedness to be issued in anticipation of the issuance of
bonds of the District for construction of a sewer system for
the District. Upon delivery of the bonds, the Cc!'-( : i. fic.�tcs
of Indebtedness, to the extent then outstanding, to�.rcehl:r
with accrued interest, shall be paid from Lhe of
such bonds.
-5-
1
745
b. Ownership of Pr=ojects. (a) The ownership and le 46
to the Grants - Assisted Project shall be and remain at all
times in the Committee. The District agrees to convey owner-
ship and title to the Non Grants- : +ssisted Project to the
Committee upon its substantial completion, and, in that regard,
agrees to execute a Deed and Bill of Sale to the Non Grants -
Assisted Project in favor of the Committee. The Committee shall
operate and maintain the Projects. The right to establish and
collect rates for user charges for the use of the Projects,
including any program of industrial cost recovery, shall be and
remain in the City of Little Rock,. Arkansas.
.(b) Notwithstanding the.provisions of subparagraph 6(a),
above, the District specifically retains the right to establish,
collect and retain fees for connection with the Projects, or
with sewer collection systems originating from the Projects,
from property owners within or without the boundaries of the
District and to assess or reassess benefits derived from the
construction of the Projects, any subsequent extensions thereto
and sewer collection systems originating therefrom.
7. Extensions to Project. (a) The Committee shall
have the sole authority to grant approval to any extensions,
1' to the Projects for the purpose of extending sewer service
i_ to, property, both within and without the boundaries of the
District; provided, however, that the District may offer its
advice and counsel to the Committee. in this regard, the
Committee acknowledges that the District owes an obligation
to property owners within the District to provide them with
sewer service on a, priority basis Ind that, within the
bounds of economic and engineering practicality, those
),,�, properties within District should be provided sewer
t
zdrv;i cc prior to significant cxtensio":; (11
"+ originating from the Projects to property outside the )i.S-
trict boundaries.
(b) The Committee shall notify the District 'pco,nuCl.y of i
the filing of any application for and the crai:ting e_ any
approval of any extension to the froicct.n, t,ln 11W" it liin ur
without the boundaries of the District.
-6-
MABELVALE- ALEXANDER SEWER ,
IMPROVEMENT DISTRICT NO. 142
Cc s�5ioner i
Comm sinner
i
�cc ssioae
LITTLE ROCK SANITARY SEWER
COM_�ITTEE�I •�'
8�
O airman
LITTLE ROCK WASTEWATER UTILITY
By
A] nager
-7-
f
s
•
747
8. Bindinq
Effect. This Agreement shall inure
to the
benefit of and shall
be binding upon the Committee,
the Dis-
trict and their
respective successors and assigns.
IN WITNESS
WHEREOF, the parties have executed
this Agree-
ment on the date
first hereinabove written.
MABELVALE- ALEXANDER SEWER ,
IMPROVEMENT DISTRICT NO. 142
Cc s�5ioner i
Comm sinner
i
�cc ssioae
LITTLE ROCK SANITARY SEWER
COM_�ITTEE�I •�'
8�
O airman
LITTLE ROCK WASTEWATER UTILITY
By
A] nager
-7-
f
s
Calculation of Sewer Capacity Available to Alexander 748
Problem: Determine available capacity in 18" collector for Alexander growth &
expansion.
Given: Pipe material = Concrete
Pipe diameter= 18"
Slope = 0.18 %
Design Capacity = 70% Full pipe
Existing Flow = 1.06 cfs
Solution:
Capacity of 18" when 100% full
Q = (1.49 /n) *A *R ^0.666 *s ^0.5 (based on Manning formula)
Where Q = Flow in cfs
n = Roughness Coefficient (0.014 for Concete Pipe)
A = Cross - sectional area of pipe
R = Hydraulic Radius
s = Slope of pipe
Q (100% full) = (1.49/0. 014) *3.1416 *0.75 ^2 *(1.5/4) ^0.667 *0.0018 ^0.5
Q (100% full) = 4.13 cfs
Capacity at 70% full
Use attached chart for Hydraulic Properties of Circular Sewers
Ratio of design depth to diameter = 0.7
From Chart: Ratio of flow at 70% to flow full = 0.7
Q (70% full) = 4.13 * 0.7 = 2.89 cfs
Capacity available for Alexander growth & expansion
Q (available) = 2.89 - 1.06 = 1.83 cfs or 820 gpm
Mot r_ ° Page I of 2)
! 749
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