HomeMy WebLinkAbout59-93 RESOLUTIONRESOLUTION NO. 59-93
A RESOLUTION RATIFYING AMENDMENT TO THE
"TOLLING AGREEMENT" BETWEEN THE CITY OF
FAYETTEVILLE AND KUTAK, ROCK & CAMPBELL.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 That the Mayor and City Clerk are hereby authonzed and directed to
execute the Amendment No 8 to the "Tolling Agreement" between the City of Fayetteville and
Kutak, Rock & Campbell allowing for an extension of time until November 30, 1993 to file suit
against Kutak, Rock & Campbell in the incinerator disengagement issue. A copy of the
Amendment No. 8 to the "Tolling Agreement" authorized for execution is attached hereto
marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 1st day of _hine_, 1993.
ATTEST:
By:
Sherry V Tho'mas, City Clerk
APPROVED:
By:
Fred Hanna, Mayor
KUTAK ROCK
A PARTNERSHIP
INCLUDING PROFESSIONAL CORPORATIONS
THE OMAHA BUILDING
1650 FARNAM STREET
OMAHA. NEBRASKA 68102-2186
(402) 346-6000
FACSIMILE (402) 346-1148
May 28, 1993
VIA FACSIMILE
Katherine C. Gay, Esq.
The Niblock Law Firm
Drawer 818
20 East Mountain Street
Fayetteville AK 72702 0818
Re: City of Fayetteville, Arkansas, Incinerator Bonds
Dear Ms. Gay:
ATLANTA
BATON ROUGE
DENVER
LITTLE ROCK
LOS ANGELES
NEW YORK
OKLAHOMA CITY
PHOENIX
WASHINGTON
The letter you sent to me after our telephone conference yesterday mischaracterizes both
the law applicable to our firm's services and the facts with respect to the conduct of your clients.
Your willingness to assert the draft Complaint's improper allegations, however, maintains
continuation of the tolling arrangements as the course least wasteful of the Court's time and
attention. Accordingly, our firm has decided to extend the December 28, 1989 Tolling
Agreement to November 30, 1993 and I have forwarded three executed originals of Amendment
No. 8 to Tolling Agreement to you with the original of this letter.
yours,
caa-m
Enclosures
hael Gottschalk
•
•
AMENDMENT NO. 8 TO TOLLING AGREEMENT
This Amendment No. 8 to Tolling Agreement is entered into as of the 28th day of May,
1993 by and among the City of Fayetteville, Arkansas ("City"), the Northwest Arkansas
Resource Recovery Authority ("Authority") and Kutak Rock ("Kutak").
1. Pursuant to paragraph 7 of their December 28, 1989 Tolling Agreement, as
previously amended (collectively, "Tolling Agreement"), City, Authority and Kutak hereby
further amend the Tolling Agreement by deleting from paragraph 3(b) thereof the date "May 31,
1993," and inserting in its place the date "November 30, 1993."
2. City, Authority and Kutak agree the Tolling Agreement remains in full force and
effect in all respects and exactly as entered mto on December 28, 1989 with the sole exception
of the amendment to paragraph 3(b) stated in this Amendment No. 8 to Tolling Agreement.
CITY OF FAYETTEVILLE, ARKANSAS
By
NORTHWEST ARKANSAS RESOURCE
RECOVERY AUTHORITY
By
KUTAK OC
By
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