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HomeMy WebLinkAboutWater Agreement 1945 Medford Water Commission (. A G .REEMEN T THIS AGREEMENT, Made'and executed this ;23 A, day of November, • 1945, by and between the•City ofentral Point, a municipal Corporation, _ of the County of Jackson, State of Oregon', hereinafter called the Purchaser, and the 'City of. Medford, a municipal. .Corporation, of the • County of Jackson, State of "Oregon, acting brand through its duly constituted Water Commission, by Paul- Rynning, Chairman, and J. R. • Woodford, City Recorder of the City of Bedford, and ex-officio'Clerk: • of said Water Commission of said City,: hereinafter called the Vendor, A ''i Y'7ITNESSETHi WHEREAS, the said Purchaser desires to obtain water from the said Vendor through its said Water Commission, as aforesaid, to supply the consumers of. 'said• Purchaser with water for domestic purposes as • hereinafter •set forth, and said Vendor, through its• said Commission, • as aforesaid, is willing to furnish such water out ' of its surplus, waters upon the terms• and conditions as hereinafter set forth; - ' , NOW THEREFORE, In consideration of the covenants hereafter named on the part of said Purchaser 'to be kept and performed, the ' Vendor, _.through its said 'Commission as aforesaid, agrees to permit such • .connection- and/or connections as may be necessary or desirable to be made between the Vendor's water system and the water mains of the said - • Purchaser, and subject to the prior and superior. rights of the citizens • of the said Vendor to the water, to furnish at Said points of connection ' as good and full ' supply of water out of its surplus waters as may from • 'time to time be available to the Vendor therefor, as the Vendor's .system at said point or 'points Of connections will permit, not exceeding, however, 400,000 gallons per day, .for,a period of-Ten '(10) years from ' the date hereof, it' being and agreed that all . connections • made with said water system of the Vendor 'shall be at the cost and ex- ' pense of the'Purchaser and that said Vendor shall designate such point • or points. ' The Purchater agrees to provide and maintain in proper order • on its- main at a point near the connection with the \reader's water system a compound meter of. pattern approved by the Water Commission of • the Vendor, which will at all times measure` aceurately the water supplied . to the Purchaser. The Water Commission may at - its option furnish and maintain said meter. .. The: Purchaser further agrees to provide and maintain its present _storage facilities , or facilities of like or greater capacity, for use of the Purchaser should it be necessary for the Commission at any time to discontinue temporarily the supply, of water to the Purchaser. . It is understood and• agreed ,by and between the parties' hereto that the Commission may in its discretion temporarily discontinue or • restrict the supply of water to the Purchaser in order to relieve its . distribution system during "peak loads" periods, and the Vendor shall not be liable for temporary discontinuance in the supply of• said"Vendor • • when made necessary by repairs pr alterations in the system, accident , Act of God, or other cause bpyend tho -control of t'he Vendor. • Not later than November 30th' of each year the Purchaser agrees to furnish . to the Commission a written description of the area supplied Ior• to be supplied by said distributing agency , together with a report and map or maps showing all mains now existing or that may hereafter lkbe laid. Such description,, reports ',and map or Maps shall be filed with the 'Superintendent 'of the Water Commission of the Vendor. Page l' • It is understood by and between .the parties hereto that the . ' Vendor is under no obligations to furnish water to the Purchaser to • be sold, outside the boundaries of the distribtitihg area as shoeun bj .. Such. deseription and maps filed with the Superintendent of the ' Commission at the date •of this• contract he rein written. The Purchaser also' agrees to furnish, not later than tdovpsiber 30th of, each, year, •t'o the Superintendent of the Commission a full list '. of• all -consumers on the' system, giving the nurdber of active and vacant .services. In consideration of the premises the Purchaser agrees to pay monthly to the Vendor',s •water department, for all tater. gassing. through .said-main 'and meter, an amount for. each active service' to -its 'consumers,, depending .upon the eine of .thecmeter su, .follows,,-to-wit :. . • ' . 'wan';SIZE: , . •At Otil'3T TO ,E:G PF�ID i . - ' 3/4'aihoh, or less • • • . vl.db .. - •• • '1 inch 1.20 • . , •l. i .••inoli • • •• 1.40, 2 inch '. ' . 1.80 : . ' :3.:inch: _ '• . ' ' 3.2d '. • • 4 inch ' ,' • ,• ' 4.40' • 6' iitch, 5'.60• .: • For.:all. water Used :above '5,00© gallons per-service the . - excess' shall be. -paid. for• at' en- additional. rate,„of.Fdit'een . • (15)' 'cents per'.'1;000 gallons ; 'but -in' any: 'event the total'•% rc • amount to be ,paid •by the Putiaber •hereunder, shall' not ' be • • •lesaiTthfin ..0 125,0' 0,. • ' • •• • Bills are'•,to bp ••computed'and;renderedt'inonth1y to the Purchaser by the. Commission. An aetive 'Service shall bp detined :as one, user, - • - • J • family„..unit'; building-,. 'or residence receiving•-eater : .', Ori' connections, services', ser meters where .more than. one user,.,`faciily' unit,: building, • • -• '`•or' residence •obtain water; each ,user,. sha11, be:; cl-assed as an active . service, with the exceptions of:apartment,, houses,. hotels, courts, d.uplgxes „ sad' auto_ :courts. _ • . • . ' ,: On :the,,24th day gof !each-month the Purchaser shall compute the 'active servioes •as of• record •on that date and,file with' the ' S'uperintendent.of -.the 'Uedford;liater. Commission. , •, , ' , , 'i The 'Vendor :shall ;have the right •to audit the records' of. the, Purchaser at any reasonable time., t : ' . • • „Should the, meter at'' any: time fail to' measure accurately the tater passing';throughc.sa:id connection-and ,muter, ' theacharge' for ' water, died during ,the- time the meter is out. of order shall be based 'on .the average :daily consumption as, shoivn by, the meter;when, o in order. , ' Said;'payments for rater supplied are to be madeori or before' the'10th- • ' day ' f' each tcth•as they`.fa11 due. • • . • ' • ; ,, , • .. • The'Purchas'er• agrees n_ot'•-to permit consumers of. water, within its district to 'use water for irrigating field,-truck gardens; eta. , and will not, sujiplycoater for any .purpose other than :hotiselidid, '•lawn or family rd-en sprinkling,- stable purposes; or for fire protection, or munfcsspea . or. ,industrial•• purposes . . I. . Page 2 - Agreement. • A The Purchaser agrees to never charge during the life of this agreement its individual water• users less than the City of ' Medford rates.-for outside users. of water. . . . It is further. 'understood and agreed by and between the ' - parties hereto :that this agreement is conditioned. upon the faithful ' . performance by the Pu;ohaser. of all the. terms and conditions hereof . which 'on its part areit© be kept and performed and any failure so to do shall give the Vendor the right to discontinue furnishing water 'as herein• provided, and ' in case of• such failure by said Purchaser • the• said Vendor, by its Water Commission, may at its option annul and • void this agreement: . . This contract is limited to ten years because the charter of the gondol' limits the power of said Vendor to enter into 'eontracts for a longer period than ten years; but. it is the purpose and intention of both parties that this contract shall be, renewed from time to . . tithe by the parties thereto. .. • , • IN WITNESS WHEREOF, The City of. Central Point' has' caused: this . • agreement to be executed in duplicate by' its duly authorized officers . . and the •same to be executed in duplicate by the Chairman' of said Commissionw end its City Recorder; all on the de.y'and year first above • written: . . • • THE CITY OF CENTRAL POINT - ' . Mayor • By.:. ;. P . . .. ..2'.-,1.6,....2 _•. .:._ r~ • I Recorder - . CITY OF. MLOFFOlRIh, THROUGH IITS .WATER COMMISSION . By ( / :e...� a •L•�s: -y / Cha iri,y By. t--2/0-61i,----79.,..-a"✓ / . .L6'.ity Recorder & Ex-Off ichor Clerk Page '.3 - Agreement . '