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HomeMy WebLinkAbout1986-09-01-R RESOLUTION NO. ' 6 -9 - I (W A 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 BATES- VILLE, ARKANSAS, AND THE DENNY HILL WATER ASSOCIATION, SAID AGREEMENT PROVIDING FOR THE RIGHT, PRIVILEGE AND AUTHORITY TO INSTALL, OPERATE AND MAINTAIN FIRE HYDRANTS BY THE CITY OF BATESVILLE ON WATER LINES OWNED BY THE DENNY HILL WATER ASSOCIATION 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 Denny Hill Water Association, wherein the City of Batesville, Arkansas, assumes the right, privilege and authority to install , operate and maintain fire hydrants on water lines owned by the Denny Hill Water Association 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 T'F. day of 1986. r APPROVED: m ShirrelI , Mayor ATTEST: Larry Williams, City Clerk AGREEMENT THIS AGREEMENT, by and between the City of Batesville, Arkansas (hereinafter referred to as the CITY) and the Denny Hill Water Association „(hereinafter referred to as the WATER ASSOCIATION) . WITNESSETH: WHEREAS, the CITY and the WATER ASSOCIATION recognize that they have certain obligations to provide services to their citizen; and patrons ; and, WHEREAS, the WATER ASSOCIATION serves an area of which a part is located within the CITY limits of the CITY; and, WHEREAS, the CITY may provide better fire protection insurance ;for the patrons of the WATER ASSOCIATION should fire hydrants be ;installed on the lines belonging the WATER ASSOCIATION; and, WHEREAS, an agreement allowing the placement of fire hydrants along the lines of said WATER ASSOCIATION will be beneficial to 'both the WATER ASSOCIATION, its patrons, the CITY and its resident ; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the above premises and for the mutual obliga- tions herein created and the mutual benefits so derived by the parties hereto and the patrons and citizens of the parties hereto, the parties agree as follows : 1 . The WATER ASSOCIATION hereby grants and gives unto the iCITY, and its assigns (including the Batesville Water Utility ;Department) , the right, privilege and authority to install, operate and maintain fire hydrants on water lines owned by said VATER ASSOCIATION. The CITY shall further have the right to tenter upon property or easements owned by said WATER ASSOCIATION ;for the purpose of constructing and building and installing said lfire hydrants and for the maintenance and operation thereof and i� Ifor repairing, reconstructing, improving, replacing or otherwise ,:dealing with said fire hydrants at any and all times. The CITY .,shall be allowed to perform such maintenance upon said fire 1hydrants as it deems necessary. 2. The parties acknowledge that the WATER ASSOCIATION shall remain the owner of its water lines and the CITY shall ,:be the sole owner of fire hydrants which it installs. 3. The CIT shall be allowed the use Wwater without 'bharge and at no cost to the CITY for fire-fighting purposes and ii (W 1�uch other purposes as are necessary and connected with fire- (Fighting purposes including but not limited to actual fire-fighting} 16revention of fires or potential fires and maintenance of said Dire hydrants. 4. The CITY shall be allowed to pump water through said fire hydrants by use of pumper trucks or other app ratus using trained ,pump operators and soft-suction hose. 5. The CITY shall be allowed the right to place fire hydrants jet such locations as the CITY deems necessary or appropriate. 6. In consideration of the fact that the placement of fire 1�ydrants will increase the efficiency of fire fighting to the �benefit of the patrons of the WATER ASSOCIATION and will greatly benefit said WATER ASSOCIATION, the WATER ASSOCIATION agrees that the CITY, its assigns, the Batesville Water Utility Department, Batesville Fire Department, their officers, agents and employees ,shall not be liable for any loss, damage or injury caused due to the installation of said fire hydrants and/or use of said fire hydrants or use of lines or water of the WATER ASSOCIATION and said WATER ASSOCIATION agrees to indemnify and hold harmless said CITY, its assigns, or others against any loss or damage except any loss or damage which may be occasioned by a malicious inten- tional act of the CITY. IN WITNESS HERETO, the CITY of Batesville, Arkansas, and Denny Hill Water Association ,have executed this document by their duly elected or appointed officers who are authorized to represent the respective parties (W hereto in assuring the rights and obligations set forth herein, this � day of 1986 . CITY OF BATESVILLE, ARKANSAS n ).. Mim _tMrr_el_1_, Mayor TTEST: ATTEST- .,L� BY: Hon. Lai!ry Williams, City (W Clerk