RES NO 10-10-2018 CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO.1c) - la 2018
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF
VAN BUREN, ARKANSAS TO SIGN AN EXTENSION OF TERM
OF THE EIGHTH 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 Municipal Utilities Commission at its regularly scheduled
meeting on October 16, 2018 has recommended to the City Council that it
would be in the best interest of the City of Van Buren to approve a three (3)
year extension of the Eighth Amendment to said contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN
BUREN, ARKANSAS, THAT:
SECTION 1: The Mayor of the City of Van Buren, Arkansas, is hereby authorized to sign the
attached Water Purchase Contract Amendment Extension, that said Extension of
Term of Eighth Amendment to Water Contract is attached hereto and is
incorporated here-in 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 extension.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council,
did pass, approve, and adopt, by a vote of 5 for and v against, the foregoing Resolution
at its regular meeting held on the 29th day of October 20. :
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Robert D. reeman
Mayor
ATTESTED: APPROV D AS TO FORM:
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Ph s Thomas ,'andi�ci;iiiiile Milr
City Clerk/Treasurer C1 y to
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 THE CITY OF
VAN BUREN AND THE SEQUOYAH COUNTY WATER ASSOCIATION OF OKLAHOMA
BE EXTENDED.
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 Fanners 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 October 16,2018 has determined it to be in the City's best interest to recommend
a three(3)year extension of the 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 eighth(89)
Amendment of the water purchase contract between the City of Van Buren,Arkansas and the
Sequoyah County Water Association be extended for an additional three(3)year period
with said being incorporated here-in by reference.
PASSED AND APPROVED 16th day of October,2018.
APPROVED:
Jil Williamson,Chairman
ATTEST:
sem{,
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Kathy V-ppert, Secretary
RESOLUTION •
A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF VAN BUREN,
ARKANSAS'10 SIGN AN EXTENSION OF TERM OF THE EIGHTH 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
3I
has entered into a water purchase contract dated Januaiy 28, 1986;and,
WHEREAS,The Van Buren Municipal Utilities Commission at it's regularly scheduled
meetingon October 16,20 1 8 has recommended to the CityCouncil that it would be in the best
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interest of the City of Van Buren to approve a three(3)year extension of the Eighth Amendment
to 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 Extension,that said Extension of Term of Eighth
Amendment to Water Contract is attached hereto and is incorporated here-in 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 extension.
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PASSED AND APPROVED THIS_ day of October,2018.
1r
Mayor Robert Freeman
ATTESTED:
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Phyllis Thomas,City Clerk-Treasurer
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EXTENSION OF TERM
OF
EIGHTH AMENDMENT TO WATER CONTRACT
WHEREAS,for reason of new 24 inch water line and installation project,Sequoyah County
Water Association requests to extend the term of the Eighth Amendment To Water Contract,dated
the 16'h day of June,2008,by and between the City of Van Buren,Arkansas,hereinafter"City",and
Sequoyah County Water Association of Sallisaw,Oklahoma, hereinafter"Association",for a period
of three (3) additional years, commencing with the ending date of Eighth Amendment to Water
Contract and terminating three calendar years thereafter; and
WHEREAS, City desires to extend the term of said contract for a period of three (3)
additional years.
NOW THEREFORE,in consideration of the request of Association,the City and Association
mutually agree to extend the term of the Eighth Amendment To Water Contract for a period of three
(3)additional years.
IN WITNESS WHEREOF, the parties hereunto have set their hands this day of
, 2018.
CITY O V'N BUREN ARK 14 AS
By: N
ayor •
�-•� �1
Atte(‘‘O.
City
[Seal}
SEQUOYAH COUNTY WATER ASSOCIATION
By:
Garner Garrison, President !I
Attest:
Secretary
[Seal]
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APR-24-2008 92:21P FROM:VAN BUREN MUNICTPOL 479-474-9969 TO:19197756932 P.2
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EIGHTH AMENDMENT TO WATER CONTRACT
THIS AGREEMENT made and entered into as of the j of is iii is ,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.
is
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 in Second .
Amendment to Water Contract, and thereafter and on the 20th day of October, 1987,entered into
a Third Amendment to Water Contract,and thereafter and on the 21st day of January, 1988,
entered into a Fourth Amendment to Water Contract;and thereafter on December 20th, 1993,
entered into the Fifth Amendment to Water Contract,and thereafter on the 19th day of May 1997,
entered into a Sixth Amendment to Water Contract,'and the 20th day of April 1998,
entered into a Seventh Amendment to Water Contract and now mutually desire to amend said
contract,as amended; andia
WHEREAS,by ResolutionNo.6-2-2w43. enacted on the 1 to day of 4siay ,
• 2008,by the City, the Eighth Amendment to Water Contract in accordance with the said
Resolution was approved,and execution of this EighthAmendment 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 29chday of
April ,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
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President and attested by the Secretary was duly authorized. •
NOW,THEREFORE:
In consideration of the mutual agreements and covenants hereinafter set forth,the parties
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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 20th, 1998,as Amended shall be
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is
RPR724-2008 02:P1P FROM:VAN BUREN MUNICIPAL 479-474-8969 TO:19187756932 P.3
Amended by striking the Seventh Amendment,contained in said Contract and
Amended,and substituting therefore paragraph 6 which shall henceforth be as
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follows:
Unless the agreement is terminated by breach of one of the parties, this agreement
shall have a term of filly(50)years commencing with the date set forth above
IN WITNESS WHEREOF,the parties,pursuant to Resolutions of their respective
governing 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 U C\QAV-
[Seal]
SEQUOYAH COUNTY WATER ASSOCIATION
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BY: /17-)z.72€-E/11-21>71/2:61-4--
PRESIDENT,
17-r ✓ >71/2 PRESIDENT,Gamer Garrison
ATTEST;
Secretary
[Seal]
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