HomeMy WebLinkAbout109-80 RESOLUTIONI •
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RESOLUTION NO. /09-10
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AN AGREEMENT WITH BEAVER WATER DISTRICT
FOR THE..CONSTRUCTION OF FACILITIES_: TO FLUORIDATE
THE FAYETTEVILLE WATER SUPPLY.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
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That the Mayor and City Clerk are hereby authorized
and directed to execute an agreement with Beaver Water
District for the construction of facilities to fluoridate
the Fayetteville water supply. A copy of the agreement authorized
for execution hereby is attached hereto and made a part hereof,
marked Exhibit "A".
PASSED AND APPROVED this d/.af day
ATTEST:
4L/141 . '16-664
CITY CLERK
of ,D eiu
, 1980.
MICROFILMED
CERTIFICATE OF RECORD
State of Arkansas
City of Fayetteville
SS
I, Vivi:;n Rectal, Cit.
recorder for ... City o Clerk and Ex-Officioo here-
by �r C i'.: y;a tC Yid: 1
Ivy cer1Eic tit ;r ,-; ilet'�•-
t�'
of rL:C '.''ll i.l rFi_I f:"i ..� i -!re :"'.': iu
office and the Sv:ae
pears in Ordinance & Resolution book
--at page _
hand and seal this__
Vi'itness my
day of
City Clerk and Es -Officio Recorder
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AGREEMENT
THIS AGREEMENT is entered into on the 30* day of
, 1980, between the City of Fayetteville, Arkansas,
Party of the First Part, hereinafter referred to as the "City",
and Beaver Water District, Washington and Benton Counties,
Arkansas, Party of the Second Part, hereinafter referred to
as the "District".
WHEREAS, by a vote of the citizens of the City in an
election held on November 7, 1978, fluoridation of the City's
water supply was approved, and
WHEREAS, the City subsequently authorized the District
to proceed with plans and estimates of cost for implementation
of said fluoridation, and
WHEREAS, the District has now determined the fluoridation
facilities, together with estimates of cost, necessary for
construction to provide said fluoridation,
NOW, THEREFORE, it is mutually agreed between the City
and the District that the District will comply with the
City's request to fluoridate the water which the District
supplies to the City, subject to the following conditions for
construction and operation of said fluoridation facilities.
The conditions of this Agreement are as follows.
The City of Fayetteville, Arkansas, agrees:
1. To pay all costs associated with the development and
implementation of the fluoridation facilities to add fluoride
to the water supplied to -the -City.
2. To have adequate funds (exclusive of the Arkansas
Department of Health grant) to pay the construction costs
generated by this project. This shall be done prior to the
award of any construction contract.
3. To pay the certified monthly partial pay estimates
prepared by the engineer within ten (10) working days, unless
the estimate is disputed, said engineer being defined as the
firm employed to prepare construction plans and specifications
and provide engineering surveillance for the fluoridation
facilities.
4. To pay all costs associated with the operation, main-
tenance, and replacement of the facilities to provide fluoride
to the water supplied by the District to the City.
5. The City shall in no way hold the District either
individually or collectively responsible or liable for any
acts of negligence of the City's operation of its water supply
-facilities,=and-the-City agree-todefenarand protect the
District from any and all suits resulting from the application
of fluoride to the City's water supply; and to this end the
City agrees to hold the District harmless therefrom. However,
nothing herein shall be construed as a waiver by the City or
the District of their immunity from tort suit under the laws
of the State of Arkansas.
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The Beaver Water District agrees:
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1. To permit the construction of the jointly approved
fluoridation facilities on the plant grounds of Beaver Water
District.
2. To operate and maintain the fluoridation facilities
in a manner that meets the Arkansas Department of Health'
requirements.
3. To determine the cost of fluoridation on a yearly
basis, and to include said cost at the time the District makes
its yearly reconcillation of costs to the City.
4. To advise and consult with the City in the event of
equipment malfunction or other problems which affect the
operation of the fluoridation facilities.
It is mutually agreed that:
1. This Agreement may be modified upon agreement by
both parties.
2. This Agreement may be cancelled by either Party when
written notice is given at least one (1) year prior to the
scheduled date of cancellation.
3. The facilities constructed pursuant to this Agreement
shall be owned by the City. Said facilities shall not be
used by, or for the benefit of,_any persons other than the
City of Fayetteville and its residents without the express
written approval of the Fayetteville Board of Directors.
IN WITNESS WHEREOF, the City and the District have hereto
set their hands and seals, respectfully.
' !rt =At s.-
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7 _ e.-,
_ D. Koettel, City Clerk
y =.�,;
Attes
CITY OF AYETTEVILLE, ARKANSAS
T. Todd, Mayor
2/7
idney H McCollum, Secretary
BEAVER WATER DISTRICT
Byt
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Hardy W. Cro ton, President
Board of Dir+ctors