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HomeMy WebLinkAbout1986-08-02-R i RESOLUTION # � s ! RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BATESVILLE, ARKANSAS, TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF BATESVILLE, ARKANSAS, AND THE COUNTY OF INDEPENDENCE, ARKANSAS, SAID AGREEMENT PROVIDING FOR THE ASSUMP- ITION BY THE CITY OF BATESVILLE OF THE RESPONSIBILITY OF SPONSOR OF RECORD FOR A MULTI-PURPOSE ARENA AND FOR OTHER PURPOSES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS, AS FOLLOWS : SECTION 1 : That the City Council of the City of Batesville, Arkansas, hereby authorizes and directs the Mayor and City Clerk of the City of Batesville, Arkansas to execute a contract with (the County of Independence, Arkansas, wherein the City of iBatesville, Arkansas, assumes the responsibilities of sponsor of record for a multi-purpose arena located at the north recre- ational complex of the City of Batesville and for other purposes as more fully set out in said agreement, a copy of said agree- �nent being attached hereto, marked EXHIBIT "A" and made a part ! (hereof as though fully set out herein word for word. ��ADOPTED this day of 1986 . -APPROVED: i on. J Shirrel , Mayor ATTEST: (Hon. Larrf Williams, City Clerk !I (W 'I i I� i I! II , I ! �I II i I� it I . II AGREEMENT i THIS AGREEMENT, by and between the County of Independence, � iArkansas, (hereinafter referred to as COUNTY) and the City of j i IiBatesville, Arkansas, (hereinafter referred to as the CITY) , (WITNESSETH: WHEREAS, the COUNTY, has received funds through the State of Arkansas, Department of Parks and Tourism, as provided by the � I i'United States Department of Interior, to construct a multi-purpose i �arena; and, I WHEREAS, said arena is to be constructed on property owned by the CITY; and, WHEREAS, after the completion of said multi-purpose arena the State of Arkansas will require a sponsor of record for the ii (proper operation and maintenance of said facility; and, WHEREAS, said multi-purpose arena will benefit both the li iresidents of the COUNTY and the CITY and the COUNTY and the CITY i� are desirous of entering into an agreement concerning the manage- ment and maintenance of said multi-purpose arena; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that for and I ii ,,;in consideration of the above premises, and for the mutual obli- gations herein created and the mutual benefits so derived, the I parties agree as follows : 1. The COUNTY agrees to construct a multi-purpose arena j I with funds provided by the COUNTY and with funds provided by the I! State of Arkansas, Department of Parks and Tourism, and United liStates Department of Interior. Said multi-purpose arena shall be i i'constructed on property owned and provided by the CITY of Batesville. The COUNTY shall construct said multi-purpose arena and said project shall include site preparation, lighting, fencing, concrete curbing, announcer' s stand, bleachers, parking area and , such other arena structures as are provided for and planned in V said project. it 2. That the CITY shall provide adequate real property area I '`for the construction of said multi-purpose arena as proposed in I I I� II I I! (I i the Department of Parks and Tourism Project No. 05-00625 . Said i i site of construction shall be at the north recreation complex. (W 3 . Upon the completion of construction of said project by Ithe COUNTY, the CITY agrees to assume the responsibility as sponsor of record for the proper operation and maintenance of said multi- purpose arena. 4 . The COUNTY agrees to allow the CITY to perform the role of sponsor of record and assigns total responsibility for operation land maintenance of said multi-purpose arena to the CITY. The CITY I �Ifurther assumes the responsibility for compliance with all State land Federal regulations governing the operation and maintenance f said arena. �I 5. The CITY shall be granted complete authority to operate 'said arena in the manner in which the CITY sees fit and the COUNTY ,relinquishes all control over said arena to the CITY. 6 . In consideration of the CITY assuming responsibility of ;,sponsor of record and accepting the responsibility of operation land maintenance of said arena and in consideration of the CITY 1, Allowing said arena to be placed on CITY property and in recogni- ji ;',tion of the fact that all COUNTY residents have access to all parks land recreational facilities of the CITY, the COUNTY specifically i agrees to continue to contribute the necessary funds to the CITY' S ,parks program for the maintenance and upkeep of public parks and ;recreational facilities. !� IN WITNESS HERETO, the COUNTY of Independence, Arkansas, and i ,the CITY of Batesville, Arkansas, have executed this document by i I �itheir duly elected officials who are authorized to represent the I ii ;irrespective parties hereto in assuring the rights and obligations set forth herein, this day of 1986 . INDEPENDENCE COUNTY, ARKANSAS CITY OF BATESVILLE, ARKANSAS t �Hn. David Wyatt on. Jim Shirrell, Mayor unty Judge ATTEST: ATTEST: ^ , Hon. Margaret Boothby Hon. Lar y Williams IiCounty Clerk City Clerk i' I i! I II �I li I !� I RESOUTION # 128-86 A RESOLUTION AUTHORIZING AND DIRECTING THE COUNTY JUDGE AND COUNTY CLERK OF INDEPENDENCE COUNTY, ARKANSAS , TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF BATESVILLE, ARKANSAS AND THE COUNTY OF INDEPENDENCE, ARKANSAS , SAID AGREEMENT PROVIDING FOR THE ASSUMPTION BY THE CITY OF BA_TESVILLE OF THE RESPONSIBILITY OF SPONSOR OF RECORD FOR A MULTI-PURPOSE ARENA AND FOR OTHER PURPOSES . BE IT RESOLVED BY THE QUORUM COURT OF INDEPENDENCE COUNTY, ARKANSAS , AS FOLLOWS : SECTION 1 : That the Quorum Court of Independence County, Arkansas , hereby authorizes and directs the County Judge and County Clerk of Independence County, Arkansas , to execute a contract with the City of Batesville , Arkansas , wherein the City of Batesville, Arkansas , assumes the responsibilities of sponsor of record for a multi-purpose arena located at the north recreational complex of the City of Batesville and for other purposes as more fully set out in said agreement, a copy of said agreement being attached hereto , marked EXHIBIT "A" and made a part hereof as though fully set out herein word for word. ADOPTED this day of OC�� 1986 . APPROVED: D d Wyate, C,,gdnt Judge ATTEST: Cou ty lerk FILED 0 C T 14 1986 � 9aM. ....... ............ . MARGARET BOOTHBY COUNTY 6 PRATe.CL[RK ....... ......... ................ .....,.......:....DC. AGREEMENT THIS AGREEMENT, by and between the County of Independence, Arkansas , (hereinafter referred to as COUNTY) and the City of Batesville, Arkansas , (hereinafter referred to as the CITY) , WITNESSETH: WHEREAS , the COUNTY, has received funds through the State of Arkansas , Department of Parks and Tourism, as provided by the United States Department of Interior, to construct a multi-purpose arena; and, WHEREAS , said arena is to be constructed on property owned by the CITY: and, WHEREAS, after t:ie completion of said multi-purpose arena the State of Arkansas will require a sponsor of record for the proper operation and maintenance of said facility; and (W WHEREAS , said multi-purpose arena will benefit both the residents of the COUNTY and the CITY and the COUNTY and the CITY are desirous of entering into an agreement concerning the management and maintenance of said multi-purpose arena; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the above premises , and for the mutual obligations herein created and the mutual benefits so derived, the parties agree as follows : 1 . The COUNTY agrees to construct a multi-purpose arena with funds provided by the COUNTY and with funds provided by the State of Arkansas , Department of Parks and Tourism, and United States Department of Interior. Said multi-purpose arena shall be constructed on property owned and provided by the CITY of Batesville . The COUNTY shall construct said multi-purpose arena and said project shall include site preparation, lighting, fencing, concrete curbing, announcer' s stand, bleachers , parking area and such other arena structures as are provided for and planned in said project. 2. That the CITY shall provide adequate real property area for the construction of said multi-purpose arena as proposed in the Department of Parks and Tourism Project No. 05-00625. Said site of construction shall be at the north recreation complex. 3 . Upon the completion of construction of said project by the COUNTY and acceptance by the Department of Parks and Tourism, the CITY agrees to assume the responsibility as sponsor of record for the proper operation and maintenance of said multi- purpose arena. 4 . The COUNTY agrees to allow the CITY to perform the role of sponsor of record and assigns total responsibility for operation and maintenance of said multi-purpose arena to the CITY. The CITY further assumes the responsibility for compliance with all State and Federal regulations governing the operation and maintenance of said arena. 5 . The CITY shall be granted complete authority to operate said arena in the manner in which the CITY sees fit and the COUNTY relinquishes all control over said arena to the CITY. (W 6 . In consideration of the CITY assuming responsibility of sponsor of record and accepting the responsibility of operation and maintenance of said arena and in consideration of the CITY allowing said arena to be placed on CITY property and in recogni- tion of the fact that all COUNTY residents have access to all parks and recreational facilities of the CITY, the COUNTY specifically agrees to continue to contribute funds to the CITY' S parks program for the maintenance and upkeep of public parks and recreational facilities . IN WITNESS HERETO, the COUNTY of Independence, Arkansas , and the CITY of Batesville , Arkansas , have executed this document by their duly elected officials who are authorized to represent the respective parties hereto in assuring the rights and obligations set forth herein, this day of 1986. 1986. INDEPENDENCE COUNTY, ARKANSAS CITY OF BATESVILLE, ARKANSAS do Hon. David Wy t n. J ' Shirrell, Mayor County Judge ATTEST: ATTEST: r Hon. Madgaret Bootfiby Hon. Lar y Willi County Clerk '�� City Clerk T1 L E D OCT 14 1986 MARGARET BO T COUNTY 6 p E HBY ATE CLERK .. ... ...........D.C.