HomeMy WebLinkAbout5272&J"'La X
AN ORDINANCE FOR A CONTRACT WITH THE
ARKANSAW WATER COMPANY IN CONNECTION
WITH SECURING A SUPPLY OF WATER FOR THE
CITY hND ITS INHABITANTS FROM ALUM FORK
OF SALINE RIVER.
BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LIT`T'LE ROCK:
Section 1. That the following contract between
the City and Arkansaw Water Company is hereby entered into
in furtherance of plans to secure a supply of water for
the City and its inhabitants from a new source, and the
said contract shall be signed on behalf of the City by the
Mayor, attested by the City Clerk, with the Seal of the
City:
W Vii. rA .L FL n C T
This contract, made by and between the City of Lit-
tle Aock, in the State of Arkansas, herein termod *City", and
Ark-ansaw Water Comp , a corporation organi * *d under the
laws of the $ta +.e of +Arkans*s, herein t+erzed *Companyv,
WHJM69 it i s desired by the parties hereto to se-
cure a new source of water to be distributed by the Coat gy
to its customers in the cities of Little Rock, North Little
ngock, and vicinities; ando
KRAUS, surveys have been made by the City that
show it is f*asibl* to secure water for tll�tcse purposes from
an impounded grater reservoir on Alas Fork of Caline diver,
in ff,ali,.ne County, Arktras ia> and,
WROMASp the preiiainar * lanF; Iave been prepared
by the City for such reservoir, damp and onk continuous pip*
linre, with emvity flow of tie water from said reservoir to
the er4myr s settling basins, all to be construct4d at an
*stiiated cast not exceeding Three lillion Fivo hundred Thous.
and Dollars � 'k�,�t3, �t�Q}, send,
t'�. R AE', it ib contompl toed th t the City car, setlw*
f- ds for th -e construction of such ispoundiny, r+eservsi r. its
data # end continuous .pipe line# by E, free Brent from i.!,,.e United
St tes Goveriizent of forty-five r =er cent (4504) of the cost,
and a loon from the United f6tutez Govor ek t Virough the Pub-
lie York Ad.Ani tration of fifty-five f er cent (55) of the
IMIN
COMACT
costs the legit r not to exceed One llion Nine Hundred amd
2►mty-five Thousand r,011cm; ('vI'lv9P5,t000)p to bear four per
cent (4%) interest, payable se ti- annu&lly, V',�_,,e total princi-
pal and interest in each year to be payable ccording to the
following scheduUt
U"
100.0000.
M9
100,080.
1940
100,120.
1941
1000120.
1942
100,080.
194Z
100,000.
1944
990880.
1945
990720.
1946
990520.
1947
100 X280.
1948
99j960.
1949
990600.
1950
990200.
1951
991760.
1952
100,240.
1953
990640.
1954
990000.
1956
1000V20.
1956
99,520.
1957
99p680.
1958
99,760.
1959
992760.
1 X60
990680.
CONTRACT
YEAR
MOUNT PAYABLE
1961
99.9520
1962
99$280.
1963
99,960.
1964
99,520.
1965
100,000.
1966
99p360.
1967
99,640.
1968
99,800.
1969
990880.
1970
990760.
1971
97,560.
1972
9f,0320.
1973
92,030.
1974
90,760.
1975
88,04,00.
#3
And, WHEREAS, it is further contemplated that should
the United States Government make the grant only, and not the
loan, then the City may obtain from other sources a loan not
to exceed One Million Nine Hundred and Twenty-five Thousand
Dollars (61..925,000)., secured by revenue bonds, in order to
carry out the projects
NOW* THEELFOREO to carry out the project if the grant
and loan are made by the United States Government through the
Public Works Administration, or if the grant is made by the
United States Government through the Public Works Adminis-
tration and the balance of the fund is obtained. through the
sale of revenue bonds to others., the parties hereto agree as
follows:
l..
VIO City shall: :t its OWn cost and ex ense# a*—
quire all necessary land, rights-of-way and water rightz an6
shall construct and complete &nd pay for the damp reservoir
and continuous pipe lire with gravity flaw of the watery from
said reservoir to the Company's settling basins# substantial-
ly according to the plans and specifications made therefor
by the Engineer for the City, copy of which hes been authern -.
tio&tod by the Clem of the City anal -Lieliveree4 to the Company
before the making of tbis agreement.
2•
The Compreny h4.ve the right to and z4hall supply
all users of such water* if any industry located outside of
the city" limits of Little hoar should desire water and the
Company in any instance should consider thy-: t it could not *f-
ford to supply such industry with Filtered grater at the ss-
tablishod rates# the City stem hsve the right to supply any
such consumer with filtered eater, and to connect its pipes
theereefor with tlLe pipes of the Company at � point and with
the connections to be reasonably designated and s pproyed. by
the Company, coy sideeri.rz V-0 location of the industry; and
for the grater so taken from this pipes of the Company the (Aty
shall p&3r to the Company therefor according to the Companyr s
schedule of r tos in force in the City of Little Roc`c at the
time. It is contemplated Vy the parties that service connac-
ti.ons with the pipe line from the City's reservoir to the
Company's settling basins are undees ,rabl. ,,, but that tie gar-
ties have the right to permit ,.uch at v i ces and in vituation.s
C"VoTaACT 4W #5
where, the City and the Co: ptny consider then unobjectionabl*1 the
Cozpnny to 'Nell the unfilt*rad vi,,-,tor delivorfnj tlrl,refrozv and credit
the City with the quantity of i�,uch *ater Pa thotwll it h&d been
delivered by the City to the Company's settling basin$j aad it In
any instance the Company conviders vny connoc U-an 1Ind omp-p►y objeew
tI,Qr.1-'1blev the City ahall t rit_,,bt to permit zuch conn*o-tion
#rd to deliver the unfiltered water V-'ten therefro to con rworsp
p, air g the Company th*refor ono-b lf cent -,',sr one thousond 1, :3C
gallone le 6z than its rbt*s for eupplying Tilt ored water in the City
of Little look; the V"ity to have credit for the jutntity of such
vater an though It had been delivered by it to the Co—� peny at the
Company'r- settlinC-, bosinso
The Company shall be entitled to roceive and the City'
deliver to the Company, at its aettling, basins ar afore acid,
all ureter needed by the Co;mpany for its cur. use and to sup p-ly AV,
eonsixiors in thv Cities of Little Locic# North Little Rock# zi-nd
vicinities; thpt supplied to all con2uaer-z to be trented end
filtered, *Ycept that distributed before it. rerchez the Cor-,panyla
settling besins at provided In arbgraph .7, hereofo
4*
The Company shall pay to the City annually for a portoaf
not 1,o exceed thirty-eight (M) yo*rsp beginning when still: dal,
reservoir and pipe line are complotod, and 4� SUffiCient supply of
water is available for delivery to the Coo ny &t Its settlins, basins
ba hereinbefors described$ to supply all of its consuiersp the am
of One Hundred Vtousand Ylve RwWred Dollbro (tloovlwo.00) 0 such
tnxival amounts to to paid in equal quarter-yearly Installments in
;Pdvan**,O end being prediested upon the City obtaining both the rant
End: the loan hereir described from the United Etates Government
throuch the Public Works Jidministrationo If the asount of said 1"n
to the City is less then On* AIlion Nine hundred und Tent -fire
Thousand Doll re (tl#925jOO4)jp tl'On the 8.-40unt to be pa annum illy
by the Cotpany to 'the Cityp r-s providled in this partt-Taph,# is ll. be
10
CONS 14 oft
#6
proportionately educed. On the ot.)%er hand, if the funds neceasuT
are obtained it
pert by a grant from th�e United E"Utes Uovernitert
Vircuf,h the Public Wor1es 4dduiniztrvtion _snd in. part from amounts
derived from the zale of revenue bonds to oth. r if the money
borro�*d by the City to Complete Vie project for thick revenue bonds
ire i,,sued by It Is One gi-Ilion Nine Hundred T%oenty-five 'Molizend
Dollars U1.9 5,000); Uhe Co: olany will pay the City One Jiunered
Thouracrd Five Hundred Dollars (41000500,00) yearly until such bon4s
are Trtaid in fulli if t),A rrincipal of suah loan is ie s, vie &-yinual
p,,ay'ments by Vie (;ozwp.&,.ny il-all be ; roportionotely, rt,,.4duced; pf--yments
to be 4z.de in e � ual -,,uartor-yearly installiments co*aenclng throe
,aor.tha after beginning of the delivery of voter from the nev source
of supply -11;o to constructed by +J_e City to Vie Co-apanyvt settling
basins as provided for herein, During thf- continuance of this Con-
truct the Comp*ny rolrall h&vo no -Yight to, offset t,,eairvt ary such
psymont any wummt that aay be owing it by the City.
5*
In r,Y ddition to the ps,7--am to tl,* City berelnlwfore
set forV.# .be Com*.,any -lb-&-11 pay for ,an 4 hove charge of tt* for ,lial
maintenente and oporatton of t) ,o no roservoirp dam and pipe line#
vich talntenanee consisting of tre-%tm,ont of the lxate;, cutting gresss
patrollin Tg tors hed and pip* linep *.nd ording,,'ry reps irs; and the
Company shfill, like ts* have c+ trot of the f-lirface of tll:e rater In
the reservoir
vAt" the rigbt to regultte or prohlbit boating# fi&.
i> a,
swiaminf# or znny other such ute$# Providodj �'ovovorp •holt Pt
UVI�%, election of the City, (tvl,,Jenced b-, ninety (00) d&YF tritterl
niAlce from the City �.o ° he Co-.peny# the City shall have the right
to tt",ce over said maintenanee dutilr_,z i ccntrol and r-ay all Vo
costs tZereof; and in skint event tLe Colupany qhall pay to the
City the cidditior, aL zsum of &Ax Ltxty-vix &,nd 61100 Dollars
(il,666.66) per mox-Ah so long as Vie C-ity disah&rges such dutiesp
vtkieh the parties es ti. zato vIll be the cost to ti's City of
COUTRACT OW #7
zueh cont"10 noraal maintenz:$nce and ordinary repairs,
60
The City shall -za-ke Troiptly, &t it o*n expense, &"
re,twirs needed in t aid reservoir, d and Pipe line# cther
thar. the ordiilsry reprkirs th-Et sE.,Lll be by V.7"e Coarmny as
horeinabove, prr-vid*dl and if the City tbker over the Control
&nd muintenanto of tte re ervoir, d&x vnd p1pe line as herein
provideel't It sl ll Promptly 'tak* any ordt-<,try repairs tbrr,,t
iey be needed And shall protaptly and proporl► rorfors all duties
co=ected Atli �uch control and maintenanae#
7*
The (�c-.ipany shall telke from 3&id. it.'z Pounding reze.-Aroir
constructed by the 'City all water needed by the Cozpany for
Its o�n uve and to supply Little FoC'.k* North Little Roc"�.'O 6nd
all e6jveent territory# mien z-ach supply is re&sonrbly avail-
able,
B.
TI i I I
le prrtiez understand &rid ,,,.,4-ree t V* Plans, for
the new reservoir and jape line do not# ;1nd the eozplet�*d work
will not# ,',srrjvide t, reserve r;,P�ter sw-lply fr*,,n the rev source
on Completion; and the Compnny shall eontinuourly -Saintain
Its ;-rezeiat p.u.-AlAng plantp teces tort es &-nd tuxlliary water
,�,ixpply A-orlers in t usefiij tnd opertting cox-nditions, a� a standby
for ndditional <; ter su-,gily from the Arkansas River and Co piny
wells for tl",e ule of it eurtci.aers in the event of interrup..
tion in ".he from tine new stl rce,, imtil such tine at the
Coarany or the City may provide the necepsary reserve zu;�ply
either by a duplication of t} ,le pipe lire from the new reservoir
to the Co pony' settlinr, bz#sinz# or other venuns vl:t-lt 7.111
CONT14ACT #8
provide an ade-.Nate reserve 3uPply of water avail ablo,at all
A-.,umping
ti!aesp the n
reby elimiitting I, e nece:i 5ity for said p
plant# accessories and auxillbry water supply rorxs; and it is
found an a f&etv #M. egr**d to by the I*rties �,,ereto,, that the
laintemnee of said pumping pUnt and said ottv r rork,s ass, a
sta,ndby is of rite ", porttv.ace to the City and th-e Cori ,parxy
In order to assure an adequate supply of water at all times
or venerol uses si.nd for the extinguishment of fires,, as
proteetion aj, aL zt the sup f:-,ly I-f 'water from tbe now source
beirW Interruptod or Insufficients ind this ,,rovision is of the
of this c-.�ntruct,
P*
There shall be installed by the City && ---, r*rt of this
project a proper metisuring device adjoicent to Vie C*,,ap*nyts
i ettling btsins to mea!vure ttip, water delivered to th.-O COrqany
by the City. The City shall have the to inspect t is
dovlce$ and both pasties to be present. at thae meter readings,
For Oe annual payments to t"City to be _,u&ide by the Company
as provided in pargrruphl. 4 he"of,, tkX.a Co{zq,)&ny bo ent,tled
to reeeive in each yearly ppriod after �&riico from the City
to the Coo any as provided for in this c-: ntract is aotes monce-do
two billior fivo hundred Mlion (PpS00#000,#0001-0) gallors 4_ f "r- a t e r
and for Ul *titer delivered to it by the City In excess thereof
in any such ysa-urly period th* Co 1J'+ Shall pay to the City fin
addAtionv-1 of three and one-half cents for eacb
one thouzaria (1#000) gallonal but from sue h aux so r*yatile to
t'ir;* City by the Company for such excess rater in each yetrly
period thero st;x1l lbe dediieted by the Compeny f,4n 'e,-.20unt equal
to the difference Let,'een t1to siAx *r Eigh+WY-five Thousr-,nd Six
Hundred Dollars ($85#600) and the 6nnual asount r*r,1x1red to be
paid to the City t.3 provided for in parvgraph 4 herooft Each
:' ACT
rn
yearly period : all ztGnd *lone In ":.tic Coziputtiticn of the
respective t � �,ywrts end credits rtrovided for in V s r grs h,
and V- -Iall not be cu tr ,.etivea zG . uch payments and credit's
carry over into any future years,
M
On lotting of the contract for corstrt ction of the
b e -aCrvoirp d z eared pie liner folloting approval of the loan
ndlcr gr;,.rt by the Public Tor` ,s td inistreti.Cn of th* United
C t tess t1ac Company shall ray for t)�e City Fifteen Thou and
Dollar (415600) in cash, on ordor of t•;!-:e ayor.
III*
The Company "ill cooperate with the City in the con-
summation of rzaid 1. ro jo-ct# :And at its ovu expense lend such
;Ads advice end service to the Cavity as Uie Cotaipsny Adeeutz proporl
t e tat juirement„ k,1,c over f to t',,'o so# cr ras ns!..bil ty for
the plar's or work doge V.i i eun or .
...a
No y",ents made by the Compony to the City on said
roJocts a .gain prov dtod "ter,* shall be -Aritten up, ta a
capit. i tnvet-t:aent of they Company* but shall be included in its
oper6ting expenses.
126 •
This contract : J 1I not oper&te as t, valver by the
City of my right the City may now have to purchnse th* property
of s ter C:e ny at a date subsov uent to the date of gals
contract, if it should so desire* but any such 'arch#.se by
the C=ity of the property of they C oupany, or a substantial pert
CONTBACT do #10
thertof# SIM11 relieve the COMParY of all of its liabilities under
t!;%A.s c-=tract, tW this eontrket shall, teralv&te, Nor al-all V-is
cortract operate za n r,.-Av*r of Rny rit;hts V7e C-o,nYpany mey h&v*
unt.'er existing franchlaos *r indletermiOtte p��risltz.
14o
6hMad thS 104n for completion of the project be m�:d,q
by the Public rorks AdmInistration. of -he 11nited Ltat*x Gove. ment
rn
as hereinWore described, then as security to it End subsequent
holders of the bond& evldeneir4 said loan by it againSt der aluit of
the Company In paying the City the AmoUnt dueo In fqny year :luring
t1v�, *or-tinuarce of this contrcat,, described in j*,ragraph 4# the
Comptr,y xhall deposit with so-so bark in the City of Little Lock
or in the City of her yofkv de!Ignated by Ltid Public ,ors Adminis-
trationp One hundred TJ1-Aou,.,i&nd Dollvrs (k411000,000) par value of bcnds
of the United StPtez t;; -Iverrvipertj or bonds tt;e principal of �'Jeh
is guaranteed by the United Ctttes Govornment; such dsp�-sit of
bonds to be mt,de in tit- follovinr amounts in t.�'. o Afol"Aowlar, ye &rz;
lamodiaUly gfter comgletion of the dap reservoir �nd,
.1
,,.ipe line and delivery of thze writer by the City to
, b e Co:°spa"t
Fifteen Thousand Ikillars and bt the beginning of each
Yep >r tip to w,nd Including, seventeen (17) years thereofter# Five
Th.ousan-41, Dollars 45,00006
6uch depesit of bf�nda to be iiv-Ade rith ar; appropriate
inztruzant of pladye# executed by the Comp :tom:
providini: t14 at
tte ir-capary default in any -uch payment due the C"ityo
sufficiont ntviber of vtid banes to mike good nich default hall 11.0
sold by the b&nk in which deposited, xt public sale after rive i2c-s
public notice., The inte.rest on said bonds *o 44eposited by the
Co,7,.pany under Aedge accruirgg and paid after wtuch deposit by the
Co:'I,pany twill belong to und be turrod over to the Co,-apany by such
bar,X -Ahen collectedo If any luch deposited bond matures t=nd iz
psid **Ale in the depceit aforesaid* on substituting other Govern-
C 'ACT #11
meet bondas or bLn -J the principal of icy In guartnteed by the
United k i to a Governme t# of par v lue er1ual to the ti.moth of
cash". received by th# depositary, 5uell. ez h shall be Paid to -Lb
C'o pany. AnY 5IJ s thvt may be in raid deposit can t r�lne-
tion of this c r tract 'be returnk.d to ti t* o,,-, r;riy,
Az the annual 1..'*ymerts by the r:: Mr ny to q,re City
horein pr� vt ed for to zftet t a :t-; Aurities of 1 =ri.neipn.l �r..d inter-
est of the rovenue bonds to he 1 wued: by the + ity will o,x � t
exceed t e a.aount ne cee dry to ray a uch msturiti s in all or nearly
all t.-e years, Ovch One Thwwen d Dollars (i. fo ) tcctt�uie�ted
by the City fro* suety ezeers parjeilt o cfter payment o.f leglti to
expeYISOS inCt a tel to he payzent of said revenue bonds, a al.l
be l*poa #.ted by it it3 the said bate'# :,..nd Lr. ereu on bonds in th t
too .t at 1wr &hall be released from the dep*s t and plad e arW
rr't- ra ed to a Co p r. li evi +�t e: y euza ttut may j 0,*iag
by the Cor parry to they City for excess water token by the CO-1; a ny
from *he City is dceacri,taed ir. pbrag'raph 3 hereof, after all.
of A r credits tlfe Co pany may ;:eve ,- eiU; t such ezcesv water c s rte
swell be deposited by the tio2 ith the depo it: ry of :-"Azch
Govornment bonds„ bnd th.oreupon t x�n v of * .e per value equal to
the mount of such cash deposited chtll be reset e+d frox said de -c T .t
nd pledge and returned to the Cc.pony. CV-Sh :-o deposited in lieu
of bonds,, ; s provided for in this ,part., rap.hp 2hall be ender iend
subject to the pledge* in h 3 manner and to too g ate extent
reiot ed by i ;wh Otai ds ited.
t R.
2 •
This contract ial for One ; r'iod of thi,lrt ° -i-AF (.!Q
ye .re from ,,he date the first q-.iarterly payment for eater is due
fro,n the Coy. -,perry to the City# St provided in T4 :r raph 4 !': reof
-nd until ,'aid losn isa paidl but termint,te if before the oxpi.ra-
tior of t%o t tY P Yt in fll the lopin.. ."rr covpleti,on of the
CONTRACT
project herethbota" dezerlbedj and a� „ntr&et xh&,111 bo
bir4irgs on tie rot;*etivo 5ucc*ssors &nd tasigns of Use per-
tios horoto*
11-M
This contract a(ball be binding on VIM P"009 *hOn
all of Its r"Itals cnd provisio AV* b0on tPPr*"d by the
Deportoont of Pnblir. Utilities of the State of Arkanx&a# and
*r-ten t proper officials of Use P�bllc fors i-A-mintstration
of trio U,,r.,jt4,d states riav-, appromed the final pl*n3 for gon-
struction of tbo "serVotro d-am r.,-Ad pipe lin*; it bed ne ur4er-
,vtoor. tt-at tho firAl 16MS t't-lall be rmbstantially the seze eat
Vhle preltainary planso
WITNUS our hards &” osalso this Ulrd
4a7 of Ceptember, M%
(E-14)
Attezt:
CITY Or 14ITTL-Ir 11R=0
by,
*CITY "
"rula'Aw WATM COAPANIM
WC 0 9 P P1, m x 0
APPROVEDO tntv Vi=e pt .-0 19'35.
DEPART-11WT OF' PU -,UC O T.`''-E MAT IS OF ARKIV.-,Ali
Section 2. It is found that the Arkansas River,
as the present source of supply of water for the City and
its inhabitants, is unsatisfactory, in that it often carries
large salt content, and that the available sources of water
from wells to dilute it are hard, making it necessary, when
it can be reasonably afforded, that water for the City and
its inhabitants be secured from a new source; and it is
further found that in pursuance to Acts of the Congress of
the United States, the Public YTorks Administration is author-
ized to make a grant of forty -five (45) per cent of the cost
of public vorks, and a loan on liberal terms of fifty -five
(55) per cent of the cost thereof; and that the i,ater that
can be obtained from an impounding reservoir on Alum Fork
of Saline River is soft and in all respects exceedingly good
for supplying the City and its inhabitants; and that applica-
tions for grants and loans to the Public v "forks Administration
for Torks of that nature must be filed immediately; and it is
further found that ty,ithout the Government aid hereinbefore
described it would be impracticable to secure water from said
new source; and the immediate operation of this ordinance
being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared and this
Ordinance shall take effect and be in force from and after
its passa e.
�e
PASSED: 3 — , 1935
APPROVE
(SEAL) Mayor.
ATTEST • --''
City Clerk.
RECORDED:
(SEAL)