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Ordinance 2016-11

ORDINANCE NO. 2016-11 

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

WHEREAS , there has been a contract with the City of Springdale for the Springdale Water and Sewer Commission to provide water service to customers in certain areas of the City of Johnson.
WHEREAS, the most recent contract was for ten (10) years and has by its terms expired. BE IT ORDAINED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, that,


Section 1: That the agreement attached hereto which is titled Inter-Municipal Contract for Water Service Between the Cities of Johnson and Springdale, Arkansas bearing the date of / / , 2016 , 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 service, water tap s/connections and associated services within that portion of Johnson served by the Springdale Water and Sewer Commission identical to the fees/rates established by the relevant Springdale ordinance for users of their water service outside of the Springdale 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 Springdale Water and Sewer Commission.

Section 3: There is hereby granted to the Springdale Water and Sewer Commission 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 Springdale Water and Sewer Commission. This license shall enable the Commission 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 Springdale Water and Sewer Commission, 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 the Commission 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

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