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0634 1 000029 RESOLUTION NO. 634 ( #13 - 2009) A RESOLUTION SUPPORTING THE JACKSONVILLE WATER DEPARTMENT'S PARTICIPATION AND COMMITMENT TO THE LONOKE WHITE PROJECT, INCLUDING THE FUNDING THEREOF, AND GRANTING AUTHORITY TO EXECUTE AN AGREEMENT WITH THE LONOKE WHITE PUBLIC WATER AUTHORITY TO COMPLETE SAID PROJECT; AND, FOR OTHER PURPOSES. WHEREAS, the Jacksonville Water Department strives for a suitable and cost - effective way to secure an alternative, dependable, and long term treated water supply so as to provide and meet all water needs of the residents of the City of Jacksonville's water service area; WHEREAS, Lonoke White Public Water Authority ("LWPWA ") has developed engineering plans, designs for access, surveys, and construction documents to build piping, pumping, treatment, storage and a water intake facility on the Cove Creek site in Cleburne County, Arkansas, together with a transmission line that traverses parts of Lonoke, White, and Cleburne Counties (the "Project "); WHEREAS, the Jacksonville Water Department, having studied many alternatives to providing reliable and long -term treated water supply to its residents, has made a determination that it would be in the best, immediate, and long -term interest of the Jacksonville Water Department to become a participating utility in LWPWA; WHEREAS, the Project is required to meet the growing regional need and demand for treated water throughout the LWPWA service area. It is anticipated that some of the water utilities in the LWPWA will not be able to meet demand for treated water by the year 2011. Existing groundwater well sources of some of the water utilities in the LWPWA must be reduced and /or eliminated by the year 2027. The requirement for a current surface water supply has dictated immediate development of the Project; WHEREAS, the Arkansas Natural Resources Commission, the State agency charged with monitoring ground water quality and water plan compliance and insuring state and federal guidelines are met, has determined that there is a need to reduce ground water demand to allow for the recovery of the alluvial water in the LWPWA service area; WHEREAS, the LWPWA has been duly created and is duly authorized to undertake the planning, financing, construction, and maintenance of the Project in order to provide infrastructure which will help the Jacksonville Water Department meet demand and reduce its dependency on ground water; and, WHEREAS, the Jacksonville Water Department, recognizing the need for another independent and ongoing treated water source and realizing the economic and health benefits which would be realized from the completion of such a project, are desirous of committing its finances and resources to LWPWA for this Project. 000030 RESOLUTION NO. 634 ( #13 — 09) PAGE TWO NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION ONE: The Jacksonville Water Commission support and are in favor of the Lonoke White Project to establish an independent, alternative treated water supply for the Jacksonville Water Department's Service Area and hereby pledge its full support to the completion of the Project. SECTION TWO: The Commission's intent in providing this alternative treated water source to the Jacksonville Water Department Service Area is as follows: A) LWPWA will, at its own expense, construct an intake site, treatment plant, and transmission lines from Greers Ferry Lake to a connection site with the Jacksonville Water Department to be mutually agreed upon prior to initiation of construction on the Project; B) LWPWA will be responsible for the operation and management of the Project and will be responsible for the delivery of treated water to the City of Jacksonville's connection site; C) The total estimate construction costs, based upon an engineering estimate, are approximately Forty-five Million Dollars ($45,000,000.00). Funding for such construction will likely come from any and all available and applicable grants, with the balance coming from borrowed funds for available lending sources; D) The Jacksonville Water Department will be entitled to and receive an undivided share of treated water output from the Project proportional to the financial participation of the Jacksonville Water Department, as set forth in the attached Projection, in the Project. In consideration herein, the Jacksonville Water Department will tender a monthly payment in an amount not to exceed an amount representative of Five Dollars ($5.00) per metered customer of the Jacksonville Water Department; E) LWPWA will have Two (2) years from this date to obtain and secure financing for the Project. Otherwise, the Jacksonville Water Department's commitment herein will automatically and without notice be withdrawn; and, F) Upon completion of the Project, LWPWA would assume all ownership and become responsible for all maintenance, billing, and any other matter connected with the Project. SECTION THREE: The Chair and Secretary of the Jacksonville Water Department is hereby authorized and directed to cooperate and participate, including the execution of all necessary Agreements with LWPWA that are consistent with and in compliance with the provisions of this Resolution. In exchange, LWPWA is hereby authorized to act as an agent on behalf of the Jacksonville Water Department where necessary and applicable to acquire funding for the completion of this Project in LWPWA's name. SECTION FOUR: Any and all other Resolutions in conflict herewith are hereby repealed to the extent of said conflict. This Resolution shall be in effect from and after its date of passage. 0000: RESOLUTION NO. 634 (#13 — 09) PAGE THREE APPROVED AND ADOPTED THIS 15 k DAY OF OCTOBER, 2009. CIT —0E- RACKSONVILLE, ARKANSAS aie F CHE•, OR ATTEST: SUSAN DAV • CITY CL RK r �d A•- Ts 1 ROBE' T E. BA 721Wr ORNEY