[Ord. No. 92-9, Sec. 1]
Washington County, Arkansas, has applied for a grant from the Arkansas Industrial Development Commission to construct a water project in the Cane Hill area.
[Ord. No. 92-9, Sec. 2]
The project requires that Washington County, Arkansas and the City of Lincoln enter into an interlocal agreement for the delivery of water service to the Cane Hill area.
[Ord. No. 92-9, Sec. 3]
The interlocal agreement between Washington County, Arkansas and the City of Lincoln, Arkansas, a copy of which is attached hereto, and incorporated herein as if set out word for word, is hereby approved and the Mayor and Recorder/Treasurer are authorized to execute such.
[Ord. No. 92-9]
A. 
Obligation of county. County shall take all reasonable steps to insure that the above-referred-to grant is awarded, and shall enter into all contracts necessary to construct the water system.
[Ord. No. 92-9]
B. 
Obligation of City. The City shall take all necessary and reasonable steps to complete application to the Arkansas Industrial Development Commission for any such grant which the parties agree is necessary, and to adopt such rules and regulations as shall be necessary to effectuate the performance of this contract and the grant.
[Ord. No. 92-9]
C. 
Obligations, rights of City. The City does hereby agree to provide water and operate and manage said water system serving the project area as a part of its own water system, its rights and obligations to include but not be limited to:
1. 
Review and approve all plans and specifications before bids are solicited for the construction of the system;
2. 
Inspect and approve the construction of the system and all appurtenances to it;
3. 
Accept delivery of the water system into its municipal water system upon completion of construction and final approval by all necessary agencies and entities, including itself;
4. 
Acquire and take in its own name all easements necessary and incident to the completion of the project;
5. 
Incorporate the improvement provided by the project into its municipal water system and maintain the same in the like manner that it maintains its existing system.
[Ord. No. 92-9]
D. 
Duty to establish rates. Rates to be established herein shall be set by the City based upon the rate structure generally established by the City for water services throughout its system. The rates for water consumed, meter service, water connections, tapping fees and meter deposit charges shall be set by the City for water and other services provided. Said rates to be set in a manner consistent with the laws of the state of Arkansas and the United States of America.
[Ord. No. 92-9]
E. 
Water quality. Water to be furnished hereunder is to be supplied from water produced by the City. The water supply shall be drawn from the City's reservoir and filtered, shall meet the minimum EPA and Arkansas State Health Department standards, and shall maintain the same standard of purity as furnished to the residents of the City. The county recognizes and agrees that the water system is primarily for domestic purposes. The City at its own discretion may regulate or limit at any time and for whatever period the use of water for nondomestic purposes, including but not limited to, irrigation, commercial watering, and/or chicken house purposes.
[Ord. No. 92-9]
F. 
Repairs. The City shall repair any accidents, leaks, or breaks to any part of the system in the same manner as it repairs such in its system existing at the time of the execution hereof. Such repair shall be made with due diligence and dispatch and without unnecessary delay.
[Ord. No. 92-9]
G. 
Laws of the State of Arkansas. This contract is made and accepted by the City and county subject to the provisions of the laws of the state of Arkansas.
[Ord. No. 92-9]
H. 
City to own system. The parties agree that upon completion of the project it shall be owned in fee by the City and all easements required in connection with the installation of the project shall be vested into the City.
[Ord. No. 92-9]
I. 
County's duty of delivery. The county agrees, upon completion of construction of the system, to deliver the same to the City, such delivery to be manifested by letter from the County Judge to the Mayor of Lincoln.
[Ord. No. 92-9]
J. 
Additional duties of county In consideration for the City's agreement herein to assume control of said water system and to furnish water to the project area, the county hereby agrees with execution of this contract to the City's rules, regulations and policies pertaining to management of rural water systems.
[Ord. No. 92-9]
K. 
Water shortage The City, at its sole discretion, reserves the right, in the event of an acute shortage of water, to limit, ration, or temporarily discontinue water sales and service to the project area. Any reduction, limitation, rationing or temporary discontinuance of water sales and service for this time shall not render the City liable for damages of any kind. It is understood between the parties hereto that the City's primary obligation is to provide water and water service to the citizens of the City of Lincoln, Arkansas. It is mutually agreed that essential usage of residential consumers located in the project area will not be restricted unless, or until, it has previously become necessary to eliminate non-essential usage in the entire Lincoln water system. (Non-essential usage shall mean water used for lawn sprinkling, car washing, swimming pools, air conditioning systems, which are not needed for health purposes, industrial processes, or food preservation, and other uses as defined by the City of Lincoln as non-essential).
[Ord. No. 92-9]
L. 
Plumbing codes. The parties agree that all plumbing connected to the system must meet the City of Lincoln Plumbing Code provisions.
[Ord. No. 92-9]
M. 
Charges and requirements for water service connection. Water service connections (water taps) shall be made only by the Water Department of the City of Lincoln or its authorized agents.
[Ord. No. 92-9]
N. 
Maintenance. The City shall maintain and service all water mains, laterals, valves, and fire hydrants in the system and those that may be constructed in the future.
[Ord. No. 92-9]
O. 
Billing, collecting, and payment. The City shall read all meters, issue billing, collect all bills and initiate service to customers in accordance with the ordinances of the City of Lincoln and the rules and regulations of the Water Department of the City, now or hereafter adopted, and if any consumer fails or refuses to pay said billing, the City shall discontinue water service to such consumer in accordance with said ordinances, rules and regulations.
[Ord. No. 92-9]
P. 
Construction of new water mains Consumers in the project area shall abide by all rules, regulations and policies of the City in regard to the extension of any mains beyond the present territorial limits of Lincoln Municipal Water System.
[Ord. No. 92-9]
Q. 
Compliance with rules and regulations. Water consumers shall comply at all times with the ordinances, rules and regulations of the City of Lincoln and the City of Lincoln Water Department, governing water operations and usage, which may now or hereafter be promulgated. Failure or refusal of any consumer to comply with such ordinances, rules and regulations will subject the consumer to immediate discontinuance of water service, and the City shall in no way be liable for any damages or expenses which may result from such discontinuance.
Each water consumer shall install all plumbing in accordance with the ordinances, rules and regulations of the City of Lincoln, in effect at the time such plumbing is installed. All plumbing shall be inspected by the City of Lincoln Plumbing Inspector or his authorized agent. Fees and charges for such inspections must be paid by the consumer or prospective consumer, and the amount of such fees and charges shall be as prescribed by the City of Lincoln, from time to time for outside City inspections.
[Ord. No. 92-9]
R. 
Termination of contract. This contract shall be terminated upon final approval of the project and the delivery of water service to consumers in the project area and certification by the Arkansas Department of Health of the eliminations of the imminent health threat zone.
[Ord. No. 92-9]
S. 
Notices. The written notices provided for herein shall be sufficient if sent by certified mail, return receipt requested, postage prepaid, to the respective chief executives of the parties hereto.
[Ord. No. 92-9]
T. 
Liability. The City shall not be responsible for any damages resulting from water main breaks, acts of God, acts of war, unauthorized person, firms, corporations, or acts of negligence or tort by the City, its agents or employees, or during periods of water reduction or discontinuance by reason of firefighting or other emergency situation.
[Ord. No. 92-9]
U. 
Financing. In the event all of the financing necessary to complete the project herein is not obtained, then this Agreement shall be null and void.
[Ord. No. 92-9]
V. 
Ongoing management. It is understood by the parties that as a practical matter, the City will manage the system in perpetuity. City acknowledges county's responsibility pursuant to Special Condition B of the grant agreement and will make a good faith effort to assist the county in complying with such by use of the attached application for connection, a copy of which is attached hereto and will forward a copy of said application to county upon its execution. It is agreed and understood between the parties that the county has the legal standing to seek judicial or administrative redress as to any future connections to the system that causes the county to be in violation of the above reference to Special Condition B.