HomeMy WebLinkAbout1987-03-02-R RESOLUTION NO. ? 7 - -2
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 ROCKMOORE 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 ROCKMOORE 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 Rockmoore 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
Rockmoore 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 thoug/h� fully set out herein word for word.
ADOPTED this Th day of 1987.
APPROVED:
im Shirre11 , Mayor
ATTEST:
Larry Will ams, City Clerk
AGREEMENT
THIS AGREEMENT, by and between the City of Batesville ,
Arkansas (hereinafter referred to as the CITY) and the Rockmore
Water Association , Inc . (hereinafter referred to as the WATER
ASSOCIATION) :
W I T N E S S E T H:
WHEREAS the CITY and the WATER ASSOCIATION recognize that
they have certain obligations to provide services to their
citizens 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 to 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
residents;
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 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
CITY, and its assigns ( including the Batesville Water Utility
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4W Department) , the right , privilege and authority to install ,
operate and maintain fire hydrants on water lines owned by said
WATER ASSOCIATION. The CITY shall further have the right to
enter upon property or easements owned by said WATER ASSOCIATION
for the purpose of constructing and building and installing said
fire hydrants and for the maintenance and operation thereof and
for 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
hydrants 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 CITY shall be allowed the use of water without
charge and at no cost to the CITY for fire-fighting purposes and
such other purposes as are necessary and connected with fire-
fighting purposes including but not limited to actual fire-
fighting, prevention of fires or potential fires and maintenance
of said fire hydrants .
4 . The CITY shall be allowed to pump water through said
fire hydrants by use of pumper trucks or other apparatus using
trained pump operators and soft-suction hose.
5 . The CITY shall be allowed the right to place fire
hydrants at such locations as the CITY deems necessary or •
appropriate.
IN WITNESS HERETO, the CITY of Batesville, Arkansas , and
(W
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Rockmore Water Association, Inc . , have executed this document by
their duly elected or appointed officers who are authorized to
represent the respective parties hereto in assuring the rights
and obligations set forth herein, this day of CO
1987 .
CITY 0 BATE V LLE, ARKANSAS ROCKMORE WATER ASS/OQ. , INC.
/ y�
BY: Ga
Ho . im Shirrell, Mayor Paul E. Barrett, President
ATTEST: ATTEST:
Hon. Larry Williams, City Secretary
Clerk
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