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RESOLUTION 2010-4

A RESOLUTION EXPRESSING THE INTENT AND DESIRE OF THE
JOHNSON CITY COUNCIL TO ENTER INTO AGREEMENT WITH
THE CITY OF FAYETTEVILLE FOR WATER AND SEWER SERVICES
TO SOUTH JOHNSON AND WHEREBY A PORTION OF SOUTH
JOHNSON WILL BE DEANNEXED FROM JOHNSON AND ANNEXED
TO THE CITY OF FAYETTEVILLE AND WHEREBY THE CITIES OF
JOHNSON AND FAYETTEVILLE AGREE TO ONLY ALLOW FUTURE
ANNEXATION OF LANDS FORMERLY WITHIN THE OTHER CITY
WITH CONSENT AND APPROVAL OF CITY COUNCIL OF THE
OTHER CITY.
WHEREAS, one or more property owners of lands in south Johnson desire to deannex
from the City of Johnson and annex into the City of Fayetteville.
WHEREAS, one of those property owners has filed a lawsuit seeking to have the Court
declare their right to deannex from Johnson and annex into Fayetteville.
WHEREAS, the City of Johnson desires to negotiate and enter into a contract with the
City o Fayetteville whereby Fayetteville would provide potable water and sanitary sewer services
to the area of Johnson south of Clear Creek in accordance with the agreement between the City
of Fayetteville and Beaver Water District.
WHEREAS, the City of Johnson, the City of Fayetteville and the parties to the
aforementioned lawsuit all desire to resolve these issues by compromise and agreement.
BE IT RESOLVED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, That:
Section 1: That the City Council intends to authorize, by ordinance or otherwise, to
allow approximately 99 acres of land to deannex from the City of Johnson and annex into the
City of Fayetteville pursuant to the attached map.
Section 2: That concurrent with the foregoing, the City shall enter into a contract for
the City of Fayetteville to provide potable water (for household and municipal uses) along with
sanitary sewer services to residents, citizens and developers in Johnson where the property lies
south of Clear Creek (excepting those areas served by Springdale) with
development/infrastructure requirements substantially in accord with similar utility uses in
Fayetteville and rates equivalent with other non resident Fayetteville customers in Johnson.
Section 3: That Johnson will enter into an agreement, by ordinance or otherwise,
which will provide that neither Johnson nor Fayetteville will hereafter accept a request/petition
for annexation of lands that were formerly within the city limits of the other city unless the City
Council of both cities are in agreement with the process and procedure.
Section 4: That the aforementioned deannexation/annexation process will result in an
easily discernable boundary between Johnson and Fayetteville, and that wherever that boundary
involves a public street clear responsibility for police patrol, maintenance and repair of such
street shall be set forth.
Section 5: That an agreement shall be prepared and executed between the City of
Johnson and the City of Fayetteville which provides that emergency response by the Johnson
police and fire departments shall be allowed to run in emergency mode across existing and future
streets and ways within Fayetteville which connect Gregg Street/Ball Street to Maguire Street.
Section 6: The Council will consider entering into an agreement with Fayetteville to
provide for a sale of certain land which was acquired from David McClinton in an action for
eminent domain in 2009(same and except any portion lying in the right of way of Maguire
Street) for the price paid by the City of Johnson; at the time of the deannexati on/annexation
process the City of Johnson agrees to accept a one-time payment from Fayetteville of $35,000.00
to offset the loss of future sales tax revenues in the subject area.
Section 7: That at such time as Fayetteville extends Van Asche from Gregg Street
west to Hwy. 112, the City of Johnson will cooperate with Fayetteville concerning the necessary
right of way within the City of Johnson from Maguire Street to Flwy. 112.