HomeMy WebLinkAbout46-81 RESOLUTIONRESOLUTION NO. ?/
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A WATER SERVICE AREA RELEASE AGREEMENT
WITH THE MOUNT OLIVE WATER ASSOCIATION.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized and
directed to execute a Water Service Area Release Agreement
with the Mount Olive Water Association. A copy of the
agreement authorized for execution hereby is attached hereto
marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this ,c,,t,/ day of Lilo,
1981.
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ATTEST:
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71, 150 •-u>zatt..-•,Wcia
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•-•• it• 4- CITY CLERK*:
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APPROVED:
CERTIFICATE OE RECC'ER
rftee of Arkansas SS
City of Fayetteville '
I, Vivian Koettel, City Clerk and Ex -Officio
recorder for the City of Fayetteville, do here
by certify that the annexed or .foregoing is
of record in my office and the same ap4
pars in Ordinance cs. 'Resolution book
pag ,7Witness my,
band and seal9 o.y, of
City Clerk and Ex0Officio Reno • er
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WATER SERVICE AREA PELEASE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
That, Wheteas the City of Fayetteville is unable to, serve
water to the following'described area due to high elevation,
All of the land that ia above 1,450 MSL
in the Southwest Quarter (SA) and the
Southwest Quartet (S1414) tf the Northwest
Quartet (NWk) of Section TWenty-nine (29),
Township Sixteen (16) North, Range Twenty-
nine (29) West in WaahingtOn County, Arkansas,
and,
Whereas said property Hee Within the Water' serVice area
of the City of Fayetteville; and,
Whereas the City 6f Fayetteville does not have a water
main or pressure to serve water customers within the above de=
scribed property at this time not in the near fUture; and
several people within the described area have expfessed a de-
sire to teceiVe water service; and,
Whereas it is the will of the Mount Olive Water Association
and City of Fayetteville to provide a Safe, publid water supply
to as many area residents as they teasonably can;
NOW, THEREFORE, for the mutual covenants and considerations
herein expressed, this release agreement is made and entered
into this day by and between the Mount Olive Water Association,
non-profit Corporation, and the City of Fayetteville, Atkansas,
a Municipal corporation, their sqedessors and assigns, as
follows:
lease
1.by this agreement the City of FayetteVilre does re -
the hereinbefore described lands from its water service
area to the Mount Olive Water Association and the Association's
Water Service Area. The Mount Olive Water Association agrees
to provide all maintenance and operation responsibilities and
shall collect and own all revenues from said lands as long as
said lands feMain in the Mount Olive Water Asseciation Service
Area.
EmMINIPMI
re
2. this release agreement, when executed, constitutes
the sole agreeMent between the patties hereto, and any varia-
tions, additions, or changes hetet° must be Made by mutual
consent of the parties and inust be reduced to Writing in the
form of addendums or changes to this agteeMent, and duly exe-
cuted by the patties hereto.
. Witness our hands and seals oh this ,_<„,ckday of Sea,
1981.
MOUNT OLIVE WATER ASSOCIAtION
CITY OF FAYETTEVILLE
By By
I Robert 13, Cutled, Chairman John
ATTEST: ATTEST:
Charles Brink, Secretary ViVian KOetteli City Clerk
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ACKNOWLEDGMENT
STATE OF ARKANSAS )
ss.
COUNTY OF WASHINGTON)
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On this day of , 1981, before the undersigned,
a Notary Public, duly commissioned and acting, within and for
the said County and State, appeared in person the within named
Robert B. Curlee and Charles Brink, to me personally known, who
stated that they were the President and Secretary of the Mount
Olive Water Association, a non-profit corporation, and were duly
authorized in their respective capacities to execute the fore-
going instrument for and in the name and behalf of said non-
profit corporation, and further stated and acknowledged that
they had so signed, executed and delivered said instrument for
the consideration, uses and purposes therein mentioned and set
forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
official seal this day of , 1981.
My Commission Expires:
Notary Public
ACKNOWLEDGMENT
STATE OF ARKANSAS )
ss.
COUNTY OF WASHINGTON)
On this____day of , 1981, before the undersigned,
a Notary Public,dulycommissioned, qualified and acting,
within and for the said County and State, appeared in person
the within named John Todd and Vivian Koettel, to me personally
known, who stated that they were the Mayor and City Clerk of
the City of Fayetteville, Arkansas, a municipal corporation,
and were duly authorized in their respective capacities to
execute the foregoing instrument for and in the name and behalf
of said municipal corporation, and further stated and acknow-
ledged that they had so signed, executed and delivered said
instrument for the consideration, uses and purposes therein,
mentioned and set forth.
IN TESTIMONY WHEREOF, I hav hereunto set my hand and
, 1981.
official seal this j/ day of
My Commission Expires:
1-0E-7
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Notary Public
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