RES NO 11-01-1988 tt-t-tq%8
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. /"l/ 1988
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AMENDMENT TO THE WATER PURCHASE AGREEMENT DATED JANUARY 28, 1986,
0 BETWEEN THE CITY OF VAN BUREN, ARKANSAS AND THE SEQUOYAH COUNTY
WATER ASSOCIATION OF OKLAHOMA
WHEREAS, the City of Van Buren, Arkansas and the Sequoyah
County Water Association have previously 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
amendment of said agreement as below stated and further set out.
WHEREAS, the Van Buren Water and Sewer Commission at its
regularly scheduled meeting on November 8, 1988, determined that
said amendment was to be to the best interest of the Van Buren
Water and Sewer Department and to the City of Van Buren, and that
by said Resolution the Water and Sewer Commission recommended
that the Van Buren City Council adopt such amendment; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS:
THAT, said amendment is for the best interest of the City of
Van Buren, Arkansas, and
BE IT FURTHER RESOLVED, that the water purchase contract be
amended as set forth in the attached, "Fifth Amendment to Water
Contract and that the Mayor and City Clerk are hereby
authorized to execute same on a behalf of the City of Van Buren.
PASSED AND APPROVED this ilk day of /VV ✓r:N/jii( 1988.
•YOR
ATTESTED:
e._
CITY CLERK- TREASURER�1.---
RESOLUTION
A RESOLUTION RECOMMENDING TO THE MAYOR AND CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS THAT AMENDMENT NUMBER FIVE TO THE
O WATER PURCHASE CONTRACT DATED JANUARY 28, 1986 BETWEEN THE 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 the contract
being modified to delete Provisions for Future Purchase and to provide
for Proportionate Sharing of Future Water Shortages.
WHEREAS, The Van Buren Water and Sewer Commission at its regularly
scheduled meeting on November 8, 1988, has determined it to be in
the Citys best interest to recommend adoption of a Fifth Amendment
to address said concerns:
NOW, THEREFORE, BE IT RESOLVED by the Water and Sewer 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 delete paragraphs 4 and
12 of said contract and add to paragraph 1 of Amendment Number 4
that Water Shortages be shared Proportionately, and with said Fifth
(5th( Amendment being incorporated here -in by reference.
PASSED AND APPROVED 8 day of
19
APPROVED:
K
C .E. Doug
de
ATTEST:
Secretary
4
FIFTH AMENDMENT TO WATER CONTRACT
THIS AGREEMENT, made and entered into as of the of
1988, by and between City of Van Buren, Arkan-
sas, hereinafter referred to as the City and the 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 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 19th day of October,' 1987, entered into a Third Amend-
ment 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. enacted on
the day of ,1988, by the City, the Fifth
Amendment to Water Contract in accordance with the said Resolu-
tion was approved, and execution of this Fifth Amendment to Water
Contract carrying out the sai? Resolution by the Mayor and at-
tested by the City Clerk, was duly authorized; and
WHEREAS, by Resolution of the Association enacted on
the day of 1988, 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 Fifth
Amendment to Water 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. Paragraphs 4 and 12 of the Water Contract between City
t'lttn Amendment to Water Contract
Page Two
2. Paragraph 1 of the Fourth Amendment to Water
Contract between City and the Association dated January 21, 1988,
amending the Water Contract dated January 28, 1986, as amended
shall be amended by adding the following:
The City and the Association will share
water shortages, and such water shortages
0 will be shared proportionately.
IN WITNESS WHEREOF, the parties, pursuant to Resolu-
tions 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
BY:
MAYOR
ATTEST:
City Clerk
[SEAL]
SEQOOYAH COUNTY WATER ASSOCIATION
"'BY: kme,tiogdAsty 'L l P RES
ATTEST:
y
APPROVED: FARMERS BONE ADMINISTRATION
BY:
STATE DIRECTOR
0