RES NO 08-02-1987 8.2-1981
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. -1987
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 Farmers Home Administration is requiring
modification of Paragraph 6 of the Original
Contract; and
WHEREAS, The Van Buren Water and Sewer Commission at
its regularly scheduled meeting on August 11,
1987, 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 sig-
nature on said contract amendment.
PASSED AND APPROVED THIS 17th DAY OF August 1987
LJ AA IT 1
MAYOR
`ATTESTED:-
CI' CLERK- R ASURER
SECOND AMENDMENT TO WATER CONTRACT
THIS AGREEMENT, made and entered into as of the
day of 1987, by and between the City of Van Buren,
Arkansas, hereinafter referred to as the City and the Sequoyah
fa County Water Association of Sallisaw, Oklahoma, hereinafter re-
ferred 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 now mutually desire to amend said Contract, as
amended; and,
WHEREAS, by Resolution Number enacted on
the day of 1987, by the City, the second
amendment to water contract in accordance with said resolution
was approved, and the execution of this second 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 28th day of July, 1987, the second amendment to water con-
tract, with the City in accordance with the terms set forth in
said resolution was approved and the execution of this Contract
by the President and attested by the Secretary was duly author-
ized:
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, as amended by
amendment to water contract between City and Association dated
May 18, 1987, shall be amended by striking all of said paragraph
6 contained in said contract and said amendment to contract and
adding or substituting therefore paragraph 6 which shall
henceforth be as follows:
1
Unless this agreement is terminated by breach
of one of parties, this contract and agree-
ment shall extend for a term of forty (40)
years from the date of the initial delivery
of any water as shown by the first bill
submitted by the City to the Association.
IN WITNESS WHEREOF, the parties, pursuant to the reso-
lutions of their respective governing bodies, have caused this
Agreement to be executed as of the first date set forth above by
the Mayor and City Clerk of the City, and by the President and
Secretary of the Association.
CITY OF VAN BUREN, ARKANSAS
BY:
Mayor
ATTEST:
City Clerk
[SEAL]
SEQUOYAH COUNTY WATER ASSOCIATION
BY:
President
ATTEST:
Secretary
[SEAL]
APPROVED: FARMERS ROME ADMINISTRATION
BY:
State Director
0
2
SECOND AMENDMENT TO WATER CONTRACT
THIS AGREEMENT, made and entered into as of the
day of 1987, by and between the City of Van Buren,
Arkansas, hereinafter referred to as the City and the Sequoyah
0 County Water Association of Sallisaw, Oklahoma, hereinafter re-
ferred 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 now mutually desire to amend said Contract, as
amended; and,
WHEREAS, by Resolution Number 1.1- enacted on
the day of _c1i_7 1987, by the City, the second
amendment to water contract in accordance with said resolution
was approved, and the execution of this second 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 28th day of July, 1987, the second amendment to water con-
tract, with the City in accordance with the terms set forth in
said resolution was approved and the execution of this Contract
by the President and attested by the Secretary was duly author-
ized:
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, as amended by
amendment to water contract between City and Association dated
May 18, 1987, shall be amended by striking all of said paragraph
6 contained in said contract and said amendment to contract and
adding or substituting therefore paragraph 6 which shall
henceforth be as follows:
1
Unless this agreement is terminated by breach
of one of parties, this contract and agree-
ment shall extend for a term of forty (40)
years from the date of the initial delivery
of any water as shown by the first bill
submitted by the City to the Association.
0 IN WITNESS WHEREOF, the parties, pursuant to the reso-
lutions of their respective governing bodies, have caused this
Agreement to be executed as of the first date set forth above by
the Mayor and City Clerk of the City, and by the President and
Secretary of the Association.
CITY OF VAN BUREN, ARKANSAS
BY: 1 .7 4 6 "J
Mayo:.
ATTEST:
C
Y rk
[SEAL/
SEQUOYAH COUNTY WATER ASSOCIATION
BY: �I a. /t ...1tA&a 4
President
ATTEST: i
e t
Y
APPROVED: FARMERS HOME ADMINISTRATION
BY:
State Director
0
2