HomeMy WebLinkAboutWater Agreement 1963 Medford Water Agreement g/G 3 +o 377517;
AGREEMENT
THIS AGREEMENT made and entered into In duplicate on this 15th day
of August , 1963, by and between the-City of Central Point, a municipal
corporation of the State of Oregon herein caned the -PURCHASER, and the City of
Medford; a municipal corporation of the State of Oregon, acting by and through its
duly constituted Water Commission, herein called the VENDOR, witnesseth:
WHEREAS the City of Medford has surplus 'waters available in its municipal
water system and the City is now riling and contef%piates that it will hereafter
sell and dispose of such surpiuJ4 tees to ubee'scfh roof without the boundaries of
the City of Medford, and
WHEREAS Purchaser end Vendor heretofore on the 1st day of August, 1956,
entered into an agreement whereby Vendor sold surplus waters to Purchaser upon the
terms and conditions In said agreement contained and, whereas it is the intention
of both parties that said agreement be cancelled in favor of a new agreement, now
therefore, the Parties hereto hereby agree to and with each other as follows:
1.
That the agreement made and entered into by the Parties hereto on the
1st day of August, 1956, whereby Vendor sold surplus waters to Purchaser, upon the
1
terms and conditions in said agreement contained be cancelled and declared null and
void effective on the date of this agreement.
2.
Vendor agrees to permit connection of the Purchaser's water system with
the water system of Vendor at a point or points to be designated by Vendor and,
subject to the prior and superior rights of said Vendor to the water, to furnish
at said point of connection as good and full a supply of the surplus waters of
Vendor as Vendor's system and use by others of said surplus waters will permit at
said points of connection, not exceeding, however, 800 gallons per minute with a {{1
maximum of 750,000 gallons in any one day, provided, however, that, if Purchaser
1
provides and uses water storage of not less than 500,000 gallons capacity as a
part of its water distribution system, that Purchaser may, subject to water being
available, withdraw up to 1 ,000 gallons per minute with a maximum of 1 ,100,000 is
.
F '
1 .
Agreement - 1
1 '
gallons in";any•one,day. : .r" _"''•
-All :rules, - regulations and-rates.:of:the City of N&dford or- its Board of
Water.`COMM;ssioners•-relating: to water'users 'outside 'of`-the;Ciity;of 'Medford as now.
.,,,.,
-in effect or?as the.Boa rd :of::Water;Commiss'ione rs''.'oCthe City::;of Medford may,'_frem -=
time to time4 prescribe shalibe deemed a part of.this'agreement and; Purchaser, ;:, t
:agrees t6 comply therewith ano its- rights:for:the supply:,of,;water:.to' its '- '
distribution facilities, shall -be-:governed'thereby Nothing contained herein this -'• J
agreement shall be'deeded -to•mod ify, alter or repeal any, such rules; -regulations '
• - or rates •now`.'or -hereafter;adapted. -
4:
•
Purchaser agrees that; it"wi 11' not' se) 1-.-or disposeof any of said water
•
outside of:Its corpor.ate;boundarie'sr;without ,Written :permisslen',froma.Vendor and
that' it wi i l%�not' supp1y;water :obtainedfrom Vendore,to;additional .areas .annexed to ,
- ?pts •:.�,'y.tri, ,' ..,
the City of Central Point without written,permission' from:Vendor:, ; ati_= ,
tr b ,'-
-Purchaser monthly -to Vendor for,`al1 water:purchased_from Vendor -
: :. •
"at the:rates in effect at'the 'particular: time, Vendor. reserves the right to change
said: rates`at any, time. in no.event;'-however,'shafl', the mini mum.monthly payment
- to-be made ;by'Purchaser be less than eleven,hundred, dol lars`.?($1:;100:'00) per month.
rte''.• a . .. ` ..-
• ' • :':This contract shall,-be effect, for'tell (-i0) "years from " � ' .•�'' 'the date hereof'and Purchaser::shall:make no"'assignment2of':the-rrigilts or -interests •
herein-granted without.written'permission from Vendor.' :• , 3 •_
7. _
It ts 'further understood and agreed by and between the parties•::hereto .
that this. agreement 'is,condi tioned upon`.the- faithful 'performance-:by:Purchaser : '
• ..of al 1,-of'rvthe'''terms and 7pliovisiona .hereof which, on iti:part; are, to be- kept-,and ' •
• -- performed' and any failure so•'to'do shall' give the:Vendor the::right 'to discontinue°'
"
Agreement - 2,
- _ - - - - ``
.. « •-t,• :ial" - .`?'-•- .v ems:• -. .
- 'furnishing water 'as here;n.'provided and -the Vendor may;,at its'-option,,terminate- '•
th1s •agreemen£. ,'•: "*_ .`t .
IN_WITNESS WHEREOF;., the City of Central Point has caused,:this:`agreement... ' •
• to'be-.executed-in du licate:by: its 'duly authoriz}ed
officers •and'the •City of
.Medford, 'act irig.by and through«-its Water Commission has causedrthe',same to •be
' .executed in duplicate by the`Chairmen:of.-saId'Commission-and 'its:City; Recorder,`1i'• '
, all on the day'and year, above written. -. °
' .
- "CITY' OF-CENTRAIJ PO ,NT.`" • ' _ 1
6) (...7 al/WI:- --
: Recorder,:: '
-•_ • - . . - - . ,:‘:-.,,.•,..:. OF, FORD, . •, ,OHI WATER' COMM,'SSI ON -
•
44::: _ 'Chairman' ,•
? _
;.` City Recorder and Ex-offucto Clerk
P.
_ ` t•!". 'l I ) .. \•':s2' ... v''.,Y: Ili' '�) .- .:.'�
S.
. Agreement - 3: ; '.
I"
•
MEDFORD WATER COMMISSION
City of Medford TT :i. .
` +•
CITY HALL • TELEPHONE 773-7355
MEDFORD„OREGONY kas-„•
'�.
•
RY
• • !�.wq ;+d7, � r. ='f.���S • Every Home”
August 15, 1963
•
' Mr. Freeman Mason, City Administrator ` __
City of Central Point •
City Hall •
Central Point, ' Oregon
Dear Freeman:
The Water Commission at their regular meeting held today
•
officially approved the contract with Central Point and I am
enclosing the original and one copy which have been signed by
the Chairman of the Commission and the Recorder of the City;
• Also enclosed is the copy of the agreement which was
signed by Mayor• Saxsbury and yourself. This is the agreement
which was prepared in 1961 and which has become obsolete. We
typed up a new agreement which the changes that I discussed
with you by telephone, with the changes being that paragraph
5 on water rates is considerably simplified and that paragraph
4, having to do with the service of water to additional areas
annexed to Central Point, is clarified,' •
We have dated the new contract this date, being August 15,
1963. Please sign both copies and return one of them to us.
Very truly yours ,
•
MEDFORD WATER COMMISSION
•
•
By c-22�. e.- --K.��---7:ert •
Robert L. Lee, Manager
RLL/re -
• enc. - 3 •