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HomeMy WebLinkAbout182551 ORDINANCE NO. _ is 255 2 3 AN ORDINANCE AUTHORIZING AN EXTRATERRITORIAL 4 EXTENSION OF WATER SERVICE TO KINDER MORGAN 5 POWER COMPANY; APPROVING A CONTRACT FOR 6 CONSTRUCTION OF WATER FACILITIES; APPROVING 7 THE ROUTE OF A WATER PIPELINE TO SERVE 8 CUSTOMERS OUTSIDE THE CITY OF LITTLE ROCK, AND 9 FOR RELATED PURPOSES; AND DECLARING AN 10 EMERGENCY. 11 12 WHEREAS, the City of Little Rock (the "City ") is the owner of a municipal water system 13 (the "System") which serves customers both within and without the corporate limits of the City; and 14 WHEREAS, the system is operated by the Little Rock Municipal Water Works (the 15 "LRMWW ") and the Little Rock Municipal Water Commission (the "Water Commission"); and 16 WHEREAS, Kinder Morgan Power Company (the "Company"), a firm engaged in the 17 business of producing electric power, has requested that the City authorize an extension of water 18 service for the purpose of providing water to the site of proposed industrial facilities which are to be 19 constructed by the Company at a location more particularly described in Exhibit "A" attached hereto 20 and made a part hereof (the "Project "); and 21 WHEREAS, as an incident to the Company's request, the Water Commission approved on 22 March 17, 2000, a contract for the construction of water facilities between the LRMWW and the 23 Company (the "Facilities Contract "), a copy of which is presented to and before this meeting of the 24 City Board of Directors; and 25 WHEREAS, as an additional element of the Company's request, the City, acting by and 26 through its Planning Commission, approved on March 30, 2000, pursuant to the provisions of Little 27 Rock Resolution ("LRR') No. 7,893, adopted February 2, 1988, the proposed route of a twenty -four 28 inch (24 ") water pipeline which is to be constructed by the Company in accordance with the 29 provisions of the Facilities Contract at and along a route which is approximately set forth in Exhibit 30 "A "; and 1 WHEREAS, LRMWW has determined that construction of the pipeline pursuant to the 2 Facilities Contract will serve to enhance and improve water service to existing customers of the 3 System who are residents of the College Station, Sweet Home and Wrightsville communities and 4 other persons living in the vicinity of Highway 365 for a distance of approximately eight (8) miles 5 southeast of the City; and 6 WHEREAS, the acquisition, construction and equipping of the Project by the Company will 7 result in significant new capital improvements in or near the City and completely within Pulaski 8 County, Arkansas (the "County "); the creation of new jobs and payrolls during construction and 9 following the commissioning and operation of the Project and will serve to enhance and improve the 10 quality of life of residents within and near the City; and 11 WHEREAS, the City hereby finds that the extension of water service to the Project site; 12 approval of the Facilities Contract and approval of the pipeline will result in substantial benefits to 13 the City, the System, LRMWW and customers of the System and further additional substantial 14 economic benefits to the City and its inhabitants. 15 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF 16 THE CITY OF LITTLE ROCK, ARKANSAS: 17 SECTION 1. That the extension of water service to the Company upon the terms and 18 conditions recommended by the Water Commission and LRMWW as provided in Exhibit "B" 19 attached hereto and made a part hereof is hereby in all respects approved, subject to the Company's 20 compliance with each and every term, condition or requirement described by the Water Commission 21 and LRMWW in connection with such extension of water service. Pursuant hereto, the Board 22 hereby authorizes the Water Commission and LRMWW to enter into a contract with the Company 23 containing the terms and conditions described and referred to herein, with such changes, omissions, 24 insertions and revisions as the manager of LRMWW shall deem advisable, the execution and delivery 25 by the manager of the LRMWW of such contract to constitute evidence of the City's acceptance and 26 approval thereof. 27 SECTION 2. That the Facilities Contract, in substantially the form presented to and before 28 this meeting of the Little Rock Board of Directors, is hereby approved, subject to such minor 29 modifications, revisions and adjustments as shall be approved by the manager of LRMWW. The 30 Facilities Contract will be binding upon the City and the Water Commission. -2- 1 SECTION 3. That the pipeline and the route of the Pipeline in substantially the location 2 presented to and before this meeting as set forth in Exhibit °A" hereto, is hereby approved provided, 3 however, that such pipeline shall be constructed and shall at all times be constructed and the work 4 thereon shall be performed in compliance and conformity with the requirements of the Water 5 Commission, the LRMWW and the Planning Commission. 6 SECTION 4.. The City acknowledges the Company's agreement to annex the Project Site 7 to the city of Wrightsville in consideration of other agreements and understandings between the 8 Company and the City of Wrightsville and accordingly, waives any requirement that the Company 9 enter into a pre- annexation agreement with the City as a condition of the City's approvals as set forth 10 in this Ordinance 11 SECTION 5. The provisions of this Ordinance are separable and in the event that any section 12 of part hereof shall be held to be invalid, such invalidity shall not affect to the remainder of this 13 Ordinance. 14 SECTION 6. All ordinances and resolutions and parts thereof in conflict herewith are hereby 15 repealed to the extent of such conflict. 16 SECTION 7. EMERGENCY. It is hereby ascertained and declared that there is an 17 immediate and urgent need for the approval of an extraterritorial extension of water service to Kinder 18 Morgan Power Company which will result in substantial benefits to the City of Little Rock, the Little 19 Rock Municipal Water System and other customers served by the System. It is, therefore, declared 20 that an emergency exists and this Ordinance, being necessary for the preservation of the public peace, 21 health, safety and well being of the City, to the System and persons served by the System, shall take 22 effect immediately upon and after its adoption. 23 PASSED: April 4, 2000 ` 24 ATTEST: APP7D, 25 %�L��%� 26 Nancy Wood, City Clerk Jim yor 27 28 AEPIAOVIEIlD AS TO LEGAL FORM: 30 Thomas M. Carpenter, City Attorney -3- 03/29/00 16:16 FAX 5013771244 LR MUN WATER WORKS 8004 /008 • Revised: IM 1999 LITTLE ROCK MIINIQPAL WATER WORKS GRID# SOD Yjar"X r BAOWX SPECIAL CONTRACT FOR JOB. N DTSIIlIBtMON SYSTEM FACUTM KINDER MORGAN POWER PLANT, WRIGHTSVILLE UM PROJECT# 1150 um AGREEMENT is made this_ day of 2000, between the Bond OfWata Works Commisaonas of the Lose Rock Municipal Water Works (naematler Bled WATER WORKS) and KRIXI MORGAN, INC (hereinafter called APPLICAN'n. A &.01 submittd by TILE HOLLOWAY PIRM, INC., (atmched m tibia or dma) is inrurpnrattd in Nis agmireat, showing the !mended design of wax mains and app— thereto (bcitina9a called FACILI TIES) whlrh APPLICANT wisher in have Inslallcd 14 serve the Ptnpeny dcsigiwse l mthe plat WITNESS£IH: 1. UOless Otherwise specified In Paragraph 17 of this aPmernmt APPLICANT agrees In fmmish all labor and roaaie8 and bm the =it= omr of constructing FACILITIES. 2, APPLICANT shall aepera detailed pkm$ and maiMatlous for FACILITIES Which inmtpmae WATER WORKS' mamrid and „,..,n.n,v. regNrmarts. Nowodrnmy bew®hmcd motif the plamaod N�ifi'�i °nS ax appiovd by WATER WORKS in wring Affiapptovel, the pbms and Vomficatimn become A part of ibis aguemrnt and APPLICANT agrees m perform 'be work in stria aaadxtm mar RKSb At tits dLwzcdm of W ATER WORKS, ad m every inssmrca whim me told w=ucdm oos Of PACDITIFS. u mimatcd by WATER WORKS, ucerds S1o,000A0. du plain vd spmiftadws abaR he prw" by m undo the duaa supmvaiw Ofm ENGINEER tegismed W Pmafa ca&waing in d Staten OfArkmSob=nsftercaUWENGDCESR), Aftacommme wtofeoasmr mof FACUXnESforwbwhplmsadsp =fi— ooshavebeas prepared by Or under the direct supavisim of ENGINEER. the work shall be wndnvo cily mpevised Of iaspeaed by ENGINEER "by m Wdividual who is uada his direct supervision and who s mmpamtto supervise or inspect the work being per formed. ENGINKER shall submit written insPecueu reports W WATERWORKS and APPLICANT duam& the progress of the mnsmICUlm of FACH>7'r¢c. APPLICANT shall hire ENGINEER and boars6 dagI acing mats. NamWghacmrhallprahWcWATERVI'ORIMwksduaCon,ft=bMectiogexworkperiodwAY- 3. APPLICANT shall Sive nodm of APPLICANT'S pmpomd FACILITIES by mbmifting the plat atmd+ed oc this agreement or plans for FACILITIES which have bemapproved by WATERWORKS in the appropriate placing agmcY lor mmiew es follows: (])oreciryofUrfle Rod: pleasing Comndaisn if any pat of FACILITIES are in be lasted what¢ the territorial jurisdiaos of said Pla®rg C ,runisaon or (2) the PulWd Comity Planting Baud if my pate of FACILITIES art W be located mLaide the territorial jurisdiction of the Little Rock Plamiog Commission bin within Pulaski Coanty, or (3) the Saline Camty Phmhig Board if mY PM ofRACIJLIES MW be lomW in Saline County- APPUCANT 03A net mmmenec mrtsnnadonofFACfLITTES pric to web rcvkw by medocessdd Phasings5<nek'saotleaenddeshavingjurisdisOmr- 4. to addition to mnfomwee W WATER WORKS' reg urearkenR all Plans and spxi8catiom for FACILITIES shall conform to the require sera of the Arkaasu State Health Department and any other RdrraL sear, cowry Or local govemmeffid agencies havingjunsdiafm over my pmt of the work coveted bmcin, including those agencies having jurisdiction os'a mnsewtim within the right of -wry of public roads, in and highways. APPLICANT is reapon97ile for complying with it= raquiresmmts of aforesaid govenmmW agencies and for roe mbmitfel of plan and specficadoss W all inch agencks for review, and paying the mat of all Area and odic, expenses in moneetim therewith. APPLICANT shall nor coo,, ens construction of FACILITIES prior or approval of the plans and specifications by the aforesaid agencies grid famishing the WATER WORKS w+iam evtdeom Of such epprovai. APPLICANT shall constnxt FACILITIES m such mama that they will tit interface with proposed 6mue sbeeL highway and drainage improvemmb. S. APPLICANT shall obtain or came; in be obuiOod an penairs required in canO¢tiom With the wnonadon ofFACUJTIFS carept those treasurer specifically requiring Wes WATER WORKS be desiSnand es pamiaec; in which rose APPIACANT shall prepare and mbmh to WATER WORKS all doaanme, necessary for such Pamirs. APPLICANT $lull pay the best of all fees bonds end Omer —Pm in conneraun with obtaining pamim shall be mporelole fm conforming with all provimes, mere([ and $ball coordinate all pos[-ocusuaOtim inspcc ions reguhed by the issue' (f ➢emits. 6. Street and msemems where The FACMMES arc to be mnsmmted $ball be opened UP and graded by APPLICANT W + 0.1 foot of foal grade. Property lines adjacent to the lomtkm for FACILITIES shall be staked by APPLICANT prim in wO.snvctiOn of FACIUMS- Itigbts of1way net ,row io aesreuca arc regrdred far FACILITIES, easrmaas maefor, in a farm sampuble to WATER WORKS, Shull beargukd by APPLICANT and conveyod to the Chy of lisle Rock Arka mess, fwthe rise ad benefit dose link RockMunicipd West Works 7. The rod pro rata charge applicable to APPLICANTS OmPe Y is S 9,600. , which shall be paid by APPLICANT Upon mxcwUon of iris agieemem, in addition W Omaamoua>s specified hacm. This cbarge is based N/A feet of S NIA per, mot, AND NIA aces a S TPA pa msATiD devdopmemfm for wanxtioo to the exisdOgmein mS 9,600-0 . S. If an)' of roe afmcwirt FACIIITIFS have ban insafied by WATERWORKS pdor m the mecurfoo of this apeemem, WATER WORKS' smtommt of the cost of with FACILITIES shall be paid by APPIJCANT upon erea>tim of this apocmmt which payment shall he in wlditimwtheothaa tsspedfledberein.' Mcpwtimad¢ owlc *lbathefinegowgstdemmtofmstis S NIA WrtbefoEOwiag :NIA. The tam FACILITIES also tnc(udes SeMce lines (amount ad sine): NIA Ill. APPLICANT 3WI pay in WATER WORKS the mm of S 211_00 per day or 510.00 per hour, whideva emomt is ®emu, for eeeA day oat s WATER WORKS rzprrsmtative laTeas APPLTCANPS work haerurder The holY rare for Saturday, Sunday and holidays shall be 150% of ire afineemid fete. Smh umpasioa5 are for the sole benefit of WATER WORKS and W service are provided APPLICANT, ei0ss direct Or imp8ed. Such icep (nom Shill our Mae,,o APPLICANT ofthe dmy m provide impecism as sped5ed in Paragruph 2 hereof APPLICANT Shill pay to WATER WORKS all other rasa for ssrvices rendered by WATER WORKS, bxludiny bin not limited to, didnfcclaim Detecting and teeing' steles, and contraction, in maim if my y attics, functions are pafamd by WATERWORKS pasoenet in aldidou m the foregoing, APPLICANT agrees m pay W WATERWORKS IA % of APPLICANTS octal cwt of me work to Cover WATER WORKS' boPneer109 and avabeed eapersses, oath mmedlS 7,000,09 484 03 /20/00 16:17 FAT 5013771244 u LR BUN WATER WORKS -2- • IM 005/008 4L�J 11. After complede, ofthe construction of FACEITIS, APPLICANT shag file with WATER WORKS (1) a ser of P)ms PMmd by ENGINEER in reproducible form which 44MG95 FAMMES M finally ronmuctad n rcS=ed W �� � -0r w "AS- Buanmr and includes atabic of reference distmccs m mains, service gaK elves acid other apportn Property shuctuves or objects m acwNance with WATER WORKS' standard pra hM AND elevanons of all fire hydrant bases and PAGIS Coordmaa for all bydaa; valves, tees, endsaf -main and prim bMdr, said refaceee disancM e(evetim , and PAGIS Comdmam; with data being as shown M 3a As• Built Drawings shill else be provided to WATER WORKS in digiml form en aesep able (1.44 floppy, 'ZIP" Or CD — PC format) disk= media in mtha .dbf (pm&mbie) or "currents delimited' Immat and (2) a cem8ate showing the " ceoamrcion was of FACUXElES, and if rquekod by WATER WORKS a copy of Motca for material, used In the consuuctimr of FACILITIES. FACHtTIES will not be accepted by WATER WORKS for s tce until such plans, c uilams, elevations, PAGIS Coordinates and associated doenmetrs and orbs requirements referenced above have been submi ted W and approved by WATER WORK6. . 12 Upon MmplMfmn ofthc mnsmrction ofFACR tT1FFand weep team by WATER WORKS ownership ofFAfvrXMS shall veer by this agreement in the City of Little Rocs, Arkmsas, fat the ase and brnefit of The Little Rock Municipal Wane Wmks, withom the necesshy ofany atha conveyance FACILTITFS shag become a par of der distribution, system of WATER WORKS. Eseept as nay be specfficd in an addendum heron, WATERWORKS shag bsve the right m couocetto write make o aereioos from FACILITIES without inymemen APPLICANT. 13. This is mageanem tam,ailadonOfFACR,uric only and is notacunftw for water service. APPLICANTacnowledgarho (1) the 9rmishing ofwaba by WATER WORK is a gove®aal Omcdnn and the WATERWORKS does not agree to famish any spocific nmmmt of , a or ware paessma (2) water will be delivered only to Msamep who mW iMD WPOMM savior conuacb with WATER WORKS, but the right to mmracL and the Type of swim to be rendered, shall always be subject such roles, regelahor6 and Policies of WATER WORKS M may tx in eff= tram time re Tim,, and (3) water famished ender such sepaoe mvir, cme sera will be supplied to such cusamms as whoever ptmsae are quantity evailablefTOm 5mem time without Mobility for damages due W high or low income or smppaw of flow. 14. If within one (1) year aRa moapa m of FACUSM by WATER WORKS, any pan of FACILITIES is ri aged, m valve bones am covered w=wed; or ifwuhia two (2) years after said acceptance, any Part of FACRZrMS requires relocation. fa daopinion of WATER WORKS due to construction Of sheet, road, highway Or maimage tmpravemeom or mha savanna, APPLICANT shah, after wmem notice from WATER WORKS, promptly remedy the defers or rclomre FACILITIES m der satisfectiM of WATER WORKS. Upon APPLICANTS What to perform said work in a Timely n inner, WATER WORKS shill have The option Ol'Perfotmhhg said work at APPLICANT'S cnpmk 15. Neither WATER WORKS' mspatroR areeperm, a use of FACnXMSS shall anstimre acceptance of MY par of FACHTT6b which is defective m rot in accwdanm with the plans and sPcc f gftbM% and if APPLICANT bromism my Provision ofdhis Contract with respect the Quality ofwO& labor, materials, egaipr=M aperfom nsee , Whether initial m c ,,,dvq, WATER WORKS urn)' bring an action a law, or in equity, for damages remithsg from said breach m my time following disOOvery tbaeofmhdl the ospirom, ofthc setup of lintitatiorn forwritta cenksM 16. APPLICANT daiipmes THE HOLLOWAY FIRM, INC as ENGINEERS, who wiR provide the MStiharing services described heroin. 17. UP= WATER WORKS' acceptance of FACILTLTFS, WATER WORKS shall Pay APPLICANT, less any somans due WATERWORKS thc Eollowimgs asWATERWORKS•conbibubmtoennm ctmofFACIITIFb: N!A Payment will be made based on Emanated Prices or Unit Bid Prices, whichever arc era. Reimbwsemua for fomage Of gnamitins will he based on amount aeewgy implied per approved plans. IS APPLICANT ackno-k lges that providing water suvlw from FACn Tr]Es, or enno¢tions thereto, will not be co mmud by WATER WORKS prior on APPLICANT fulfilling all its obligations in shies accordance with the terms of this ageeunnut Including the Payment of Jane n tsdue WATER WORKS. 19. All Pura neigotlatous are merged IoW dots agseemMt and all wrier, addenda better; said documents small con.Uitua the rnthc ogreemmtofthepodea 20. WATERWORKS and APPLICANT adeowldgeand agree matlheprovidom oftheagamounam scvaoble and ifany ofthese provimoM shall mnonveoe, or be vrvalid under the laws of the United Sales the SM of Aikaaes, Or my other jurisdidun, such mnuavmtiOn or invalidity shall rat invalidate the whom apeane t, but it stall be wnsmned M if net containing the particular provision or provisions held to be invalid and ]be rights and obligadcros of thepaties shall be eonsuued and emfm=d accordingly 130ARD OF WATER WORKS COMAISSIONERS OF THE LTn1E ROCK MIJNIMAL WATER WORKS Pstimod Tool Construction Cost - S 2X0,950.00 T17LE ChiefOOera�ORrm Final Total Construction APPLICANT: KMERMOACKM INC. CM-3 03 /29/00 18;17 FAX 5013771244 LR XITN WATER WORKS Boos /009 ' 9 START z • 24" WATERLINE c -. o HAR E 66 , W.LD.99 BOUNDARY LITTLE ROCK PLANNING BOUNDARY i 12" CONNECTION v\ , u PROPOSED HER I 24" WATERLINE i` WRIGHTSVILLE i N1 ' '� __� CITY LIMITS 6" CONNECTION 145TH I ' - 12" CONNECTION �i"H HWAY386 I 8" CONNECTION ' w i END. 24" WATERLINE 2000 0 2000 Feet AT POWER PLANT i� ? KINDER MORGAN POWER PLANT W�+R/IG/�HTSVIL/LE UNIT THE PULASKI COUNTY, , ARKANSAS GVN. AND ENOJRONMENTAL DRE9GN �.3 d FjgiJ Exhibit B Water Service Contract Key Points 0 Applicant agrees to accept water service at the pressure and quality available from the city water mains and service lines without claim for damages because of pressure or stoppage of flown. Applicant further agrees to limit the flow rate to four million gallons per day or 2,778 gallons per minute. o Applicant further agrees to provide on -site storage for fire protection and for flow rates in excess of four million gallons per day or 2,778 gallons per minute. o Applicant further agrees to pay the water rate for outside city customers as established in City Ordinance 18,171 -A or at a water rate that may be modified from time to time by the Little Rods City Board of Directors. o Applicant further agrees that water supplied through the service line supplying this premise shall be used only on the premise and for the purposes as shown hereon. No water shall be sold by the applicant nor allowed to be taken through this service for use on any other premises. o Applicant further agrees to abide by the Water Works' published rules and regulations governing the Consumption of water. o Applicant further agrees to pay any final bill for service within five (5) days from date it is rendered. Should applicant fail to do so, the amount of his or her deposit may be applied against said final bill and service immediately discontinued until the deposit has been restored to the required amount o The Water Works reserves the right to restrict flows for failure of the applicant to comply with the flow rate of four million gallons per day or 2,778 gallons per minute. o The Water Works will allow the applicant to take four million gallons per day at a continuous flow rate of four million gallons per day or 2,778 gallon per minute.