AN ORDINANCE ADOPTING AN AMENDMENT TO THE 2005 SEWER CONTRACT WITH THE CITY OF FAYETTEVILLE WHICH WAS ADOPTED BY ORDINANCE 11-3-2005, PROVIDING A METHOD AND PROCEDURE TO CALCULATE AND ADJUST PAYMENTS FOR ACTUAL AMOUNTS OF SEWAGE VERSUS ESTIMATED AMOUNTS OF SEWAGE AND FOR OTHER PURPOSES, AND DECLARING AN EMERGENCY TO EXIST.
WHEREAS, the existing sewer contract between the Cities of Elkins and Fayetteville for treatment and discharge of Elkins' wastewater was approved by Elkins' Ordinance 11-3-2005,
WHEREAS, there was a provision in such contract to compare the actual metered sewage being transported to Fayetteville with the contract percentage method of charging for sewage treatment.
WHEREAS, the conditions prerequisite in the contract occurred during the winter of 2006/2007 and the parties were required by such contract to negotiate an agreeable charge for the excess sewage treatment and discharge.
WHEREAS, both Cities desire to amend the 2005 Sewer Contract to provide for semiarmual reconciliations of the actual sewage treated versus the percentage usage being billed,
WHEREAS, committees from both Cities have labored to produce an amendment to the sewer contract that has distinct advantages to both Cities both now and in the future.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ELKINS, ARKANSAS, That,
Section 1: That the attached Amendment 1 to Sewer Contract has been filed and has been available to the public at the City Hall since December_ 2007, and notice of the public
hearing scheduled for January 17th, 2008, at 6:30p.m. was duly published as required by law and a public hearing held this date.
Section 2: That Amendment 1 to Sewer Contract attached hereto as Exhibit A, should be and hereby is approved and adopted by this Council to amend the 2005 Sewer Contract approved by Ordinance 11-3-2005.
Section 3: That the Mayor and Bobby McGarrah as Alderman are hereby authorized to execute the attached Amendment 1 to Sewer Contract, and obtain for the citizens and residents of Elkins the benefits of such Amendment.
Section 4: That the attached Amendment 1 to Sewer Contract when approved and adopted by the City Council of this City and the City Council of the City of Fayetteville, Arkansas, will immediately provide for equitable resolution of charge owed by the City of Elkins to Fayetteville for treatment and discharge of wastewater, which will enable the City of Elkins to make any necessary changes to the sewer rates charged to Elkins' citizens and residents or take other actions required to provide financial stability to the Elkins' Water and Sewer Department. That the Council believes this to be a significant benefit to the people of Elkins, which will promote the health, safety, peace and welfare of Elkins' citizens and residents, therefore an emergency is hereby declared to exist and this ordinance shall be in full force and effect immediately upon its passage and approval.
PASSED AND APPROVED this 17th day of January, 2008.