RES NO 02-04-1986 2 1
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. -a -1986
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT
WITH FORT SMITH FOR A WATER SUPPLY ON LEE CREEK.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS:
THAT, The Mayor is hereby authorized to execute an Amendment to
the agreement with Fort Smith to extend the current agreement
one (1) year with automatic annual renewals unless thirty (30)
days notice is given by either party. A copy of said amend-
ment is attached hereto.
PASSED AND APPROVED THIS 17th DAY OF February 19 86
/%tt
my.?
ATTESTED
CITY CLERK TREASURER
1'
AMENDMENT 1
TO
AGREEMENT BETWEEN THE CITY OF FORT SMITH AND THE
CITY OF VAN BUREN AND THE VAN BUREN WATER AND
SEWER COMMISSION FOR THE SALE OF WATER TO
VAN BUREN AND THE CONSTRUCTION OF THE
LOWER LEE CREEK PROJECT
THIS AMENDMENT made and entered into on this /9 day of rLitiA tr( i
1986, by and between the City of Fort Smith, hereinafter referred to as "Fort
Smith and the City of Van Buren and the Van Buren Water and Sewer Commission,
hereinafter collectively referred to as "Van Buren
WITNESSETH:
WHEREAS, Fort Smith and Van Buren entered into an Agreement for the sale
of water and the construction of the Lower Lee Creek Project, hereinafter referred
to as "Agreement dated February 25, 1983; and
WHEREAS, the Agreement provides for the termination of certain provisions
of the Agreement if no authorization for construction of the Lower Lee Creek
impoundment has been issued by Fort Smith within three (3) years from the date
of execution of the Agreement; and
WHEREAS, Fort Smith has been unable to authorize construction of the
Lower Lee Creek impoundment because of delays in obtaining necessary permits
from Federal agencies; and
WHEREAS, Fort Smith and Van Buren are desirous of extending all of the
provisions of the Agreement;
NOW, THEREFORE, in exchange of the continued considerations flowing to
the parties, Fort Smith and Van Buren agree to amend the Agreement by substituting
for the phrase "three (3) years from the date of Agreement execution" contained
in paragraph 1 of the Agreement the following: "four (4) years from date of
Agreement execution with automatic annual (1 year) renewals unless any party
notifies the others in writing thirty (30) days prior to the termination date
THIS AMENDMENT is executed by: the City of Fort Smith pursuant to a resolution
of its governing body adopted on the a day of 7 4t{44,t. 1986;
the City of Van Buren pursuant to a resolution of its Council adopted on the
/7 day of fe blmicr U 1986; and the Van Buren Water and Sewer
Commission pursuant to a resolution of its Commissioners adopted on the
day of le, F j Ra rr 1986.
ATTEST: CITY OF FO', SMITH
i
/c0-14\ (a—/ BY: 1 �S
City Clerk Mayor
ATTEST CITY OF V BUREN
C' I/
ity Clerk Mayor
ATTEST VAN BUREN WATER AND SEWERISSION
i HO {k Le L Lici'-i--4 IP ifJ.lT
L9 BY