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Ordinance 2010-05

AN ORDINANCE APPROVING A CONTRACT WITH THE CITY OF FAYETTEVILLE, ARKANSAS, TO PROVIDE ENHANCED WATER SERVICE TO CUSTOMERS WITHIN CERTAIN AREAS OF JOHNSON, ARKANSAS, AND GRANTING A FRANCHISE TO THE CITY OF FAYETTEVILLE TO PROVIDE ENHANCED WATER SERVICE WITHIN THE CITY OF JOHNSON AND DECLARING AN EMERGENCY TO EXIST

 

WHEREAS, there has been a defacto agreement with the City of Fayetteville for the City of Fayetteville to provide water service to customers in certain areas of the City of Johnson for many years.

 

BE IT ORDAINED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, that,

 

Section 1: That the agreement attached hereto which is titled Contract for Enhanced Water Service Between the Cities of Johnson. Arkansas and Fayetteville. Arkansas bearing the date of July , 2010, having been read, studied and considered by the Johnson City Council should be and hereby is approved and ratified; the Mayor and Recorder-Treasurer are directed and authorized to execute same for and in the name of the City.

 

Section 2: Pursuant to the attached agreement there is hereby levied fees/rates for water and wastewater impact fees, water service, water taps/connections and associated services within that portion of Johnson served by the City of Fayetteville identical to the fees/rates established by the relevant Fayetteville ordinance for users of their water service outside of the Fayetteville city limits. However, the gross receipts taxes of the City of Johnson shall apply to all charges for water service within the City of Johnson collected by the City of Fayetteville.

 

Section 3: There is hereby granted to the City of Fayetteville a license to own, operate, maintain, improve, and place existing and new additional water service facilities on existing and new dedicated street rights-of-way, alleys, utility easements and other public passageways within that portion of the City of Johnson served by the City of Fayetteville. This license shall enable Fayetteville to lay, relay, install, improve, operate and maintain water lines and appurtenances over, under and across such public rights-of-way, alleys and passageways. This license shall be in full force and effect during the effective period of the agreement attached hereto.

 

Section 4: A franchise is hereby granted unto the City of Fayetteville, without a franchise fee or franchise tax, to own, improve, maintain, expand and operate a water service (delivery, storage and maintenance thereof) within the City of Johnson corporate limits on properties owned or leased by Fayetteville and on public rights-of-way, alleys and passageways as herein provided. Said franchise shall be for the effective dates of the agreement attached hereto.

 

Section 5: Provision for water service for the residents of the City of Johnson helps secure the public peace, health and safety. Therefore, an emergency is hereby declared to exist. This ordinance shall be immediately effective upon its passage and approval.

 

PASSED AND APPROVED this 13th day of Jully 2010.

 

APPROVED:
Lonnie Barron. Mayor

ATTEST:

JENNIFER ALLEN, Recorder-Treasurer