RES NO 04-01-1998 CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. Y —1998
A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF VAN BUREN, ARKANSAS, TO SIGN
AN AMENDMENT TO WATER PURCHASE CONTRACT DATED JANUARY 28, 1986, BETWEEN THE CITY
OF VAN BUREN AND THE SEQUOYAH COUNTY WATER ASSOCIATION OF OKLAHOMA.
WHEREAS, The City of Van Buren and the Sequoyah County Water
Association has entered into a Water Purchase Contract
dated January 28, 1986; and
WHEREAS, The Van Buren Water and Sewer Commission at its regularly
scheduled meeting on March 10, 1998, has recommended to
the City Council that it would be in the best interest
of the City of Van Buren to amend said contract:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN
BUREN, ARKANSAS:
THAT, the Mayor of the City of Van Buren, Arkansas, is
hereby authorized to sign the attached Water Purchase
Contract Amendment, that said Amendment is attached hereto
as Exhibit A and is incorporated herein by reference and
that the City Clerk of the City of Van Buren, Arkansas,
is hereby authorized to attest of the Mayor's signature
on said contract amendment.
PASSED AND APPROVED THIS 20TH DAY OF APRIL ,19 98
10 it •QOR
ATTESTED:
ilettrh
CITY CLERK TREASURER
SEVENTH AMENDMENT TO WATER CONTRACT
THIS AGREEMENT, made and entered into as of the 20th of April
1998, by and between City of Van Buren, Arkansas, hereinafter referred to as the City and Sequoyah
County Water Association of Sallisaw, Oklahoma, hereinafter referred to as the Association.
WITNESSETI-l:
WHEREAS, they City and the Association have entered into a Water Contract dated January
28, 1986, and thereafter and on the 18th day of May, 1987, entered into an Amendment to Water
Contract, and thereafter and on the 17th day of August, 1987, entered in Second Amendment to Water
Contract, and thereafter and on the 20th day of October, 1987, entered into a Third Amendment to Water
Contract, and thereafter and on the 21st day of January, 1988, entered into a Fourth Amendment to Water
Contract and thereafter on December 20, 1993, entered into a Fifth Amendment to Water Contract, and
thereafter on the 19th day of May, 1997, entered into a Sixth Amendment to Water Contract, and now
mutually desire to amend said contract, as amended; and
WHEREAS, by Resolution No. 4 -1 -1998 enacted on the 20th day of
April 1998. by the City, the Seventh Amendment to Water Contract in accordance
with the said Resolution was approved, and execution of this Seventh Amendment to Water Contract
carrying out the said Resolution by the Mayor and attested by the City Clerk, was duly authorized; and
WHEREAS, by Resolution of the Association enacted on the 24th day of
February 1998, the Seventh Amendment to Water Contract with the City in
accordance with the terms set forth in said Resolution was approved and execution of this Contract by
the President and attested by the Secretary was duly authorized:
NOW, THEREFORE:
In consideration of the mutual agreements and covenants hereinafter set forth, the parties agree
as follows:
Paragraph 6 of the Water Contract between City and the Association dated January 28,
1986, and Amendment dated December 20, 1993, and amended dated May 19, 1997, as amended shall be
amended by striking the Sixth Amendment, contained in said Contract, and amended, and substituting
therefore Paragraph 6 which shall henceforth be as follows:
Paragraph 6 of the Water Contract between the City
and the Association as amended by amendment dated
May 19th, 1997, shall be amended, therefore Paragraph 6
which shall henceforth be as follows:
Unless the agreement is terminated by breach of one of the
parties, this contract and agreement shall have a term of
forty-two (42) years commencing with the date first set above.
Seventh Amendment of Water Contract
Page Two
IN WITNESS WHEREOF, the parties, pursuant to Resolutions of their respective governing
bodies, have caused this Seventh Amendment to Water Contract to be executed as of the first date set forth
above by the Mayor and City Clerk of the City, and the President and Secretary of the Association.
CITY OF VAN BUREN. ARKANSAS
BY:
MAYOR
ATTEST:
d FA/
City Clerk
[Seal]
SEQUOYAH COUNTY WATER ASSOCIATION
BY: di 4 AG' A t��
PRESIDENT Garner Garrison
ATTEST:
'Secretary Morgan Newman
[Seal]
0
RESOLUTION
A RESOLUTION RECOMMENDING TO THE MAYOR AND CITY COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS THAT AMENDMENT NUMBER SEVEN TO THE WATER PURCHASE
CONTRACT DATED JANUARY 28, 1986, BETWEEN THE CITY OF VAN BUREN AND THE
O SEQUOYAH COUNTY WATER ASSOCIATION OF OKLAHOMA BE ADOPTED.
WHEREAS, the City of Van Buren and The Sequoyah County Water Association has entered
into a water purchase contract dated January 28, 1986; and,
WHEREAS, The Farmers Home Administration is withholding approval of the Sequoyah County
Water Users project subject to the contract being modified to reflect maximum water usage and specific
water conservation measures.
WHEREAS, The Van Buren Water, Sewer, and Solid Waste Commission at its regularly
scheduled meeting on March 10, 1998. has determined it to be in the City's best interest to recommend
adoption of a Seventh Amendment to address said concerns:
NOW, THEREFORE, BE IT RESOLVED by the Water, Sewer, Solid Waste Commission of
the City of Van Buren, Arkansas:
THAT it is hereby recommended to the Mayor and City Council that the water purchase contract
be amended to reflect a terns of forty -two (42) years with said seventh (7th) Amendment being incorporated
herein by reference.
PASSED AND APPROVED day of h 1998.
APPROVED:
C. E. Douganrha4 —a
A
ATTEST:
Janis4ewman, Secretary
0