0744RESOLUTION NO, 744 (#10-2016)
A RESOLUTION AUTHORIZING AND APPROVING AMENDMENT NO, 3 TO THE
AGREEMENT BETWEEN THE CITY OF JACKSONVILLE, ARKANSAS AND THE
MID ARKANSAS WATER ALLIANCE.
WHEREAS, the City of Jacksonville, Arkansas (the "City") operates both 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 Mid -Arkansas Water Alliance, a nonprofit corporation
organized and existing under the laws of the State of Arkansas ("MAWA"), the City of
Cabot, by and through the Cabot Water and Wastewater Commission, 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 Ward, Arkansas, North Pulaski Waterworks
Association, the City of Jacksonville, Arkansas, and Central Arkansas Water (collectively,
the "Members");
WHEREAS, the Allocation Agreement assigns the Members' individual shares of
the Two and 476/1000 Percent (2.476 %) joint -use storage space in Greers Ferry Lake
(the "Storage Allocation") pursuant to a Water Storage Agreement (the "Water Storage
Agreement") between MAWA and the United States of America;
WHEREAS, the execution, delivery and performance of the Allocation Agreement
by City has been duly and effectively authorized by City;
WHEREAS, it has been determined that it is in the best interest of City to enter
into a Third Amendment to the Allocation Agreement ("Amendment No. 3 to the
Allocation Agreement") with the Members of MAWA, authorizing the change in the legal
status of North Pulaski Waterworks Public Facilities Board, a public facilities board
created pursuant to ACA § 14-137-101 et seq., to the Mid -Arkansas Utilities Public
Water Authority of the State of Arkansas, a public water authority created pursuant to
ACA § 4-35-201 et seq., and the assignment of the North Pulaski Waterworks Public
Facilities Board's Zero and 80724/100000 Percent (0.80724 %) Membership Share to
the Mid -Arkansas Utilities Public Water Authority of the State of Arkansas.
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Resolution No. 744 (#10-2016)
Page Two
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OFIACKSONVILLE, ARKANSAS, THAT. -
SECTION ONE: Amendment No. 3 to the Allocation Agreement, in
substantially the form presented at the meeting at which this Resolution is addressed, is
hereby approved, and Mayor Gary Fletcher is hereby authorized to execute Amendment
No. 3 to the Allocation Agreement on behalf of the City.
SECTION TWO; 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. Such actions heretofore taken by Mayor Gary
Fletcher and consistent with the purposes of this Resolution, including execution of
Amendment No. 3 to the Allocation Agreement, are hereby ratified.
APPROVED AND ADOPTED THIS 20TH DA Y OF OCTOBER, 2016.
CITYDFJACKSONVILLE, ARKANSAS
6AkKFL&CHtR,`MA YOR
ATTEST.•
SUSA A VITT, CITY CLERK