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RESOLUTION NO. <br />A RESOLUTION AUTHORIZING THE MAYOR AND CITY ATTORNEY TO ENTER <br />INTO A SETTLEMENT AGREEMENT WITH MEMPHIS POOL REGARDING THE <br />REPAIR AND REPLASTERING OF THE OUTDOOR POOL AT THE BATESVILLE <br />COMMUNITY CENTER; APPROPRIATING FUNDS; AND FOR OTHER PURPOSES. <br />WHEREAS, there has been an issue of leaking at the outdoor pool at the Batesville <br />Community Center; <br />WHEREAS, Memphis Pool Supply, Inc. was the contractor who constructed the outdoor <br />pool at the Batesville Community Center; and <br />WHEREAS, the parties have negotiated in good faith to resolve issues regarding the <br />construction of said pool, the City Attorney recommends acceptance of the settlement <br />arrangement reached between the parties. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br />OF BATESVILLE, ARKANSAS: <br />SECTION 1: That the Mayor and City Attorney are hereby authorized to enter into a <br />settlement agreement on behalf of the City of Batesville, Arkansas (said agreement being <br />substantially similar in form and content as Exhibit A attached hereto) with Memphis Pool <br />Supply, Inc. <br />SECTION 2: That the sum of $81,322 is hereby appropriated from the Batesville <br />Community Center & Aquatics Park Perpetual Maintenance Fund to be distributed per the terms <br />of the agreement attached hereto. <br />SECTION 3: That this Resolution shall be in full force and effect from and after its <br />passage and approval. <br />PASSED AND APPROVED this _' day of August, 2022. <br />Rick Elumbaugh, Mayor <br />City of Batesville <br />ATTEST: <br />Denise Johnston, City Clerk <br />City of Batesville <br />