RES NO 10-01-1987 s 1'0 Iq FSl
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. frit -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 Arkansas Department of Health is requiring
revision of Paragraph 7(b) of the Original
Contract; and
WHEREAS, The Van Buren Water and Sewer Commission at
its regularly scheduled meeting on October 12,
1986, 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 ref-
erence 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 19th DAY OF October 19 87
YOR
ATTESTED':
C TY CLERK TREASURER
5
RESOLUTION
A RESOLUTION RECOMMENDING TO THE MAYOR AND CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS THAT AMENDMENT NUMBER 3 TO THE 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 Arkansas Health Department is withholding approval
of the Sequoyah County Water Users project subject to the contract
being modified to reflect less water usage; and,
WHEREAS, The Van Buren Water and Sewer Commission at its regularly
scheduled meeting on October 12, 1987, has determined it to be in
the Citys best interest to recommend adoption of the 3rd 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 reflect a maximum of
100,000 gallons per day usage, Fort Smith Water Conservation
Measures, and with no usage during Phase II Measures when applicable,
and with said third (3rd) Amendment being incorporated here -in by
reference.
PASSED AND APPROVED THIS r
day of 2
19237
APPROVED:
0 AI
C. E. Dougan, Chai r
ATTES
I 4 /aaL
Sec etary
THIRD AMENDMENT TO WATER CONTRACT
THIS AGREEMENT, made and entered into as of the of
1987, 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 now mutually
desire to amend said Contract, as amended; and
WHEREAS, by Resolution No. enacted on
the day of 1987, by the City, the Third
Amendment to Water Contract in accordance with the said Resolu-
tion was approved, and execution of this Third Amendment to Water
Contract carrying out the said 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 1987, the Third Amendment to
Water Contract with the City in accordance with the terms set
forth in said Resolution was approved and execution of this Con-
tract 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 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 substituting therefore paragraph 7(b)
which shall henceforth be as follows:
Third Amendment to Water Contract
Page Two
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 100,000 gallons during any 24 hour
period. When the Van Buren Water System
obtains additional water supply through the
completion of the Lees Creek Project, the
limit in the level of consumption of water
from Van Buren Water System by the Associa-
tion shall increase so that the maximum
level of consumption at any time shall not
exceed the 500 gallons per minute and shall
not exceed a maximum daily consumption of
500,000 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 in
the event that the City initiates Phase II
conservation measures, the Association
agrees that it shall be disconnected from
the City water supply so long as Phase II
remains in effect.
IN WITNESS WHEREOF, the parties, pursuant to Resolu-
tions of their respective governing bodies, have caused this
Third 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]
SEQUOYAH COUNTY WATER ASSOCIATION
BY:
PRESIDENT
ATTEST:
0
Secretary
[SEAL]
a
Third Amendment to Water Contract
Page Three
APPROVED: FARMERS HOME ADMINISTRATION
0 BY:
STATE DIRECTOR
0