ORD NO 29-2001 `W
ORDINANCE NO. c
ORDINANCE AUTHORIZING THE MAYOR OF THE CITY
OF VAN BUREN TO ENTER INTO A SETTLEMENT AND
RELEASE AGREEMENT WITH THE CITY OF FORT SMITH.
WHEREAS, the City of Van Buren, Arkansas, and the City of Fort Smith entered
into an Agreement in 1983 regarding the impoundment of water on Lee Creek in
Crawford County and said Agreement required Fort Smith to furnish available water to
Van Buren at rates and pursuant to terms contained in said Agreement; and
WHEREAS, a lawsuit, resulting from different interpretations of the 1983
Agreement by the Cities of the terms contained therein with regards to rights and
obligations of the Parties thereto, seeking a declaration of the Parties' respective rights
and obligations under the Agreement, was filed in the Crawford County Circuit Court,
the same being styled Cite of Van Buren, Arkansas v. Cite of Fort Smith, Arkansas, Crawford
Circuit No. E- 2001 -255; and
WHEREAS, the settlement of the aforesaid lawsuit, and all issues related thereto,
would be in the best interests of the citizens of Van Buren due to the expense of
litigation and delay in achieving a known result; and
WHEREAS, the Van Buren Municipal Utilities Commission, after a necessary and
complete investigation, has recommended that the Mayor of the City of Van Buren be
and hereby is authorized to enter into, upon behalf of the City of Van Buren, the
following documents:
(1) Final Settlement and Release Agreement, a copy of same being
attached hereto as Exhibit 'A';
(2) Addendum to Agreement Dated February 23, 1983, a copy of
same being attached hereto as Exhibit B'; and
(3) Arbitration Agreement, a copy of same being attached hereto as
Exhibit 'C'.
Therefore, as this Ordinance is necessary for and in the best interests of the
citizens of the City of Van Buren, Arkansas, this Ordinance shall be of full force and
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effect as of the date of its adoption and shall be implemented as of the dates set forth in
the Ordinance.
PASSED AND APPROVED THIS 11 day of December, 2001.
APPROVED:
John 4 gs, YOR
ATTEST:
Barbie Curtis, CITY CLERIC
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