0711RESOLUTION NO, 711 (#06 - 2014)
A RESOLUTIONAUTHORIZINGANDAPPROVING TWOAMENDMENTS
TO THE AGREEMENT BETWEEN THE CITY OF JACKSONVILLE,
ARKANSA 5AND THE MID ARKANSAS WA TER ALLIANCE, FORMERL Y
KNOWN AS LONOKE-WHITE; AND, FOR OTHER PURPOSES,
WHEREAS, the City of Jacksonville, Arkansas (the "City's operates both a water
distribution and sewer collection systems which serve the City and its inhabitants;
WHEREAS, on September 10, 2009, an agreement (the "Allocation Agreement) was
entered into by and among the Mid -Arkansas Water Alliance, a nonprofit corporation
organized and existing under the laws of the State of Arkansas ("MAWA'% the City of
Cabot, Arkansas, Conway Corporation, Conway County Regional Water Distribution District,
Community Water System, the City of Lonoke, Arkansas, Grand Prairie Bayou Two Public
Facilities Board of Lonoke County, Arkansas, the City of Jacksonville, Arkansas, North
Pulaski Waterworks Association, and Central Arkansas Water (collectively, the "Members';
WHEREAS, the Allocation Agreement assigns the Members' individual shares of the
Two and Four Hundred Seventy-six Thousandths Percent (2.476%) joint -use storage space
in Greers' Ferry Lake (the "Storage Allocation', pursuant to the Water Storage Agreement
(the "Water Storage Agreement') between MAWA and the United States of America;
WHEREAS, it has been determined that it is in the best interest of the City to enter
into an amendment to the Allocation Agreement ('Amendment No. 1 to the Allocation
Agreement) with MAWA to approve the sale of the City of Lonoke's Eight Hundred Seven
Thousandths Percent (0.807%) Membership Share in the Storage Allocation to the
Lonoke/White Public Water Authority; and,
WHEREAS, it has also been determined that it is in the best interest of the City to
enter into a second amendment to the Allocation Agreement ("Amendment No. 2 to the
Allocation Agreement' } with MAWA, to approve the change in the legal status of the Grand
Prairie Bayou Two Public Facilities Board, a public facilities board created pursuant to ACA §
14-13-101 etseq., which has changed its formal name to Grand Prairie Bayou Two Public
Water Authority, a public water authority created pursuant to ACA § 4-35-201 etseq., and
the assignment of the Grand Prairie Bayou Two Public Facilities Board's One and Six
Hundred Fourteen Thousandths Percent (1.614%) Membership Share to the Grand Prairie
Bayou Two Public Water Authority.
RESOLUTION NO, 711 (#06-2014)
Page Two
NOW, THEREFORE, BE IT RESOL VED BY THE CITYCOUNCIL OF THE CITY
OFIACKSONVILLE, ARKANSAS, THAT.
SECTION ONE. Amendment No. 1 to the Allocation Agreement, in
substantially the form presented at the meeting at which this Resolution is addressed, is
hereby approved. Mayor Gary Fletcher is hereby authorized to execute Amendment No. 1
to the Allocation Agreement on behalf of the City, which such changes as may be approved
by the Mayor consistent with Amendment No. 1 to the Allocation Agreement presented and
the terms of this Resolution.
SECTION TWO; Amendment No. 2 to the Allocation Agreement, in
substantially the form presented at the meeting at which this Resolution is addressed, is
hereby approved. Mayor Gary Fletcher is hereby authorized to execute Amendment No. 2
to the Allocation Agreement on behalf of the City, with such changes as may be approved
by the Mayor consistent with Amendment No. 2 to the Allocation Agreement presented and
the terms of this Resolution.
SECTION THREE.- (a) Gary Fletcher, Mayor of the City of Jacksonville,
Arkansas is authorized to execute such writings and take such action as may be appropriate
to carry out the terms of this Resolution.
(b) Action heretofore taken by Mayor Fletcher and
consistent with the purposes of the Resolution, including execution of Amendments No. 1
and No. 2 to the Allocation Agreement, is hereby ratified.
SECTION FOUR; It has been found that Amendments No. 1 and No. 2 to the
Allocation Agreement are plainly in the interest of the City and that their execution is
essential to the development of a future supply of water to be made available pursuant to
the Allocation Agreement. Therefore, this Resolution, being necessary for the preservation
of the public health and safety, shall be in effect from and after its date of adoption.
SECTION FIVE; Any and all other Resolutions in conflict herewith are
hereby repealed to the extent of said conflict. This Resolution shall be in effect from and
after its date of passage.
RESOL UTION NO, 711(#06-2014)
Page Three
APPROVED AND ADOPTED THIS` DA Y OF MA Y, 2014,
CITY OFJACKSONVILLE, ARKANSAS