RES NO 06-02-2008 CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. l p j.„ -2008
ARESOLUTION 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 May 14, 2008, 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 Con-
tract 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 the Mayor's signature on
said contract amendment.
PASSED AND APPROVED THIS 16TH DAY OF JUNE 2008
MAYOR
ATTESTED:
CITY CLERK-TREASURER
0 RESOLUTION
A RESOLUTION RECOMMENDING TO THE MAYOR AND CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS THAT AMENDMENT NUMBER EIGHT TO THE
WATER PURCHASE CONTRACT DATED JANUARY 28, 1986, BETWEEN TFIE CITY OF
VAN BUREN AND THE 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 paragraph 6 of the contract being modified
to reflect an increase in the term of contract.
WHEREAS, The Van Buren Municipal Utilities Commission at it's regularly scheduled
meeting on May 14, 2008, has determined it to be in the City's best interest to recommend
adoption of an Eighth Amendment to address said concerns:
NOW, THEREFORE, BE IT RESOLVED by the Van Buren Municipal Utilities
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 term of fifty (50) years with said eighth (8 Amendment being
incorporated here -in by reference.
PASSED AND APPROVED 14 day of May. 2008.
APPROVED:
ter_ st ay.—
E. Dougan, Chairm
ATTEST:
0 D
Janis ewman, Secretary
0
SEQUOYAH COUNTY WATER ASSOCIATION
RESOLUTION NO. 4 -29 -2008
A RESOLUTION AUTHORIZING THE PRESIDENT OF SEQUOYAH
COUNTY WATER ASSOCIATION TO SIGN AN EIGHTH AMENDMENT TO
WATER PURCHASE CONTRACT BETWEEN THE CITY OF VAN BUREN,
ARKANSAS, AND THE SEQUOYAH COUNTY WATER ASSOCIATION OF
OKLAHOMA.
WHEREAS, the City of Van Buren and the Sequoyah County Water Association have
entered into a Water Purchase Contract dated January 28, 1986, and have entered into
seven Amendments to such Contract; and
WHEREAS, Sequoyah County Water Association at its regular scheduled meeting on April
29, 2008, has determined that it would be in the best interest of Sequoyah County Water
Association to further amend said contract:
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF THE SEQUOYAH COUNTY
WATER ASSOCIATION:
0 That, the President of Sequoyah County Water Association is hereby authorized to sign
the attached Eighth Amendment to Water Contract; that said amendment is attached
hereto as Exhibit A and is incorporated herein by reference and that the Secretary is
hereby authorized to attest the President's signature on said contract amendment.
PASSED AND APPROVED this 29th day of April, 2008.
SEQUOYAH COUNTY WATER ASSOCIATION
BY: A, ,t. A i t�..,�►
GARNER GARRISON, President
ATTEST:
/to GAN NEWMAN, Secretary
y.
0
APR-24-2000 02:21P FROM:VAN BUREN MUNICIPRL 479- 474 -8969 TO:19127756932 P.2
0 EIGHTH AMENDMENT TO WATER CONTRACT
THIS AGREEMENT made and entered into as of the of 2008,
by and between the 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.
WITNESSETH:
WHEREAS, the City and the Association have entered into a Water Contract dated
January 28, 1986, and thereafter and on the 18 day of May, 1987, entered into an Amendment
to Water Contract, and thereafter and on the 17' day of August, 1987, entered in Second
Amendment to Water Contract, and thereafter and on the 20 day of October, 1987, entered into
a Third Amendment to Water Contract, and thereafter and on the 21 day of January, 1988,
entered into a FourthAmendment to Water Contract, and thereafter on December 20 1993,
entered into the Fifth Amendment to Water Contract, and thereafter on the 19 day of May 1997,
entered into a Sixth Amendment to Water Contract, and thereafter on the 20 day' of April 1998,
entered into a Seventh Amendment to Water Contract and now mutually desire to amend said
contract, as amended; and
WHEREAS, by Resolution No. enacted on the day of May
2008, by the City, the Eighth Amendment to Water Contract in accordance with the said
Resolution was approved, and execution of this Eighth 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 29 thday of
Avril 2008, the Eighth 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:
1.) Paragraph 6 of the Water Contract between the City and the Association dated
January 28, 1986, and Amendment dated December 20, 1993, and Amended
dated May 19, 1997, and Amended April 20 1998, as Amended shall be
APR -24 -2008 02:21P FROM:UAN BUREN MUNICIPAL 479 474 -8969 T0:19187756932 P.3
0
Amended by striking the Seventh Amendment, contained in said Contract and
Amended, and substituting therefore paragraph 6 which shall henceforth be as
follows:
Unless the agreement is terminated by breach of one of the parties, this agreement
shall have a term of fifty (50) years commencing with the date set forth above
IN WITNESS WHEREOF, the parties, pursuant to Resolutions of their respective
goveming bodies, have caused this Eighth 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:
CITY CLERK,p, \C._./)\-
[Seal]
SEQUOYAH COUNTY WATER ASSOCIATION
BY: r ✓.d_Ar
PRESIDENT, Garner Garrison
ATTEST;
S Sri -1—
ecretary
[Seal]