RES NO 12-03-1993 CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. %Z-3 -1993
A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF VAN BUREN,
ARKANSAS, TO SIGN AN AMENDMENT TO WATER PURCHASE CONTRACT
0 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 November 9, 1993, 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
to the Mayor's signature on said contract amendment.
PASSED AND APPROVED THIS a0 zli DAY OF 1993.
i
MAYO'
CITY CLERK TREASURER
I, Ann Graham, the duly elected, qualified and acting City Clerk- Treasurer
of the City of Van Buren, Arkansas, do hereby certify that the attached
Resolution is a true and correct copy to the original which was adopted by
the City Souncil of the City of Van Buren, Arkansas, held on the ,2 D'—'
day of 1993.
That the said copy of said Resolution is a true and correct copy of the same
Resolution adopted at said meeting and filed of record.
IN TESTIMONY WHEREOF, I have herel.into set hand and the seal of
said City of Van Buren as of the 2.3 ay of �G 1993.
Ann Graham, CMC
City Clerk- Treasurer
0
FIFTH AMENDMENT TO WATER CONTRACT
nn THIS AGREEMENT, made and entered into as of the „7 o 7:4 of
1993, by and between City of Van Buren, Arkansas,
hereinafter referred to as the City and the Sequoyah County Water Association
0 of Sallisaw, Oklahoma, hereinafter referred to as the Association.
WITNESSETH:
WHEREAS, the 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 into 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 now
mutually desire to amend said contract, as amended; and
WHEREAS, by Resolution No. /a- 3 -/993 enacted on the ,Q 0
day of Aor a 1993, by the City, the Fifth Amendment to Water
Contract in accordance with the said Resolution was approved, and execution
of this Fifth 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 6 2_
day of �oe 1993, the Fifth 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:
0 In consideration of the mutual agreements and covenants hereinafter
set forth, the parties agree as follows:
1. Paragraph 7 (b) of the Water Contract between City and the
Association dated January 28, 1986, as amended, shall be amended by
striking all of said paragraph 7 (b) contained in said Contract, as amended, and
Fifth Amendment to Water Contract
Page Two
substituting therefore paragraph 7 (b) which shall henceforth be as follows:
The Association agrees and covenants that it
will limit its level of consumption of water from
the Van Buren Water System so that the
maximum level of consumption at any time shall
not exceed 500 gallons per minute and shall not
exceed a maximum daily consumption of 750,000
gallons during any 24 hour period. The Association
agrees and covenants that it will abide by City of Van
Buren Ordinance 6 -1987 and that in the event that
the City initiates Phase I conservation measures, the
Association shall abide by the same, and that in the
event that the City initiates Phase II conservation
measures, the Association shall abide by the same.
IN WITNESS WHEREOF, the parties, pursuant to Resolutions of their
respective governing bodies, have caused this Fifth 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
MAYOR
ATTEST:
City Clerk
[SEAL)
SEQUOYAH COUNTY WATER ASSOCIATION
BY:
PRESIDENT
ATTEST:
Secretary
[SEAL]