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HomeMy WebLinkAboutWater Rights Agreement - Elk City Water District . t� Cam AGREEMENT THIS AGREEMENT, made and entered into in duplicate this /'d day of , 1) „ by and between Elk _ (/ City Water District, a municipal corporation of the County of Jackson, State of Oregon, hereinafter called the "DISTRICT", and the City of Medford, a municipal corporation of the State of Oregon, acting by and through its dulyFconstituted Water Commission, hereinafter called "COMMISSION", WITNESSETH: WHEREAS Commission has surplus waters available in its municipal water system and, WHEREAS District has installed a water distribution system for supply of water to persons residing in an area near to the City of Medford and desires to purchase surplus water from the municipal water system of • Commission, now therefore, the parties hereto hereby agree to and with each other as follows: Commission agrees to permit connection of District's water system with the water system of Commission at a point or points to be designated by Commission and subject to the prior and superior rights of the City of Medford to the water, to furnish at said points of connection as good and full a supply of the surplus waters of the City of Medford as Commission's system and use by others of said surplus waters, will permit at said points of connection, not exceeding, however, 7,000 gallons per minute with a maximum of 1 ,200,000 gallons in any one day. • 2. All regulations governing water service of the City of Medford Board of Water Commissioners as now in effect or as Commission may, from time to time prescribe shall be deemed a part of this Agreement and District agrees to comply therewith and its rights for the supply of water to its distribution facilities shall be governed thereby.,- Nothing contained herein this"Agreementishall be deemed to modify, alter or repeal any such regulations now or hereafter adopted. 3. District shall pay monthly to Commission for all water purchased from • Commission at the uniform rates for utility customers in effect at the particular time: Commission reserves the right to change said rates at any time upon 60 days , written notice to District. The amount of water purchased by District shall be determined as the sum of the use by District's individual customers plus six (6) • percent thereof for unaccounted for water. Agreement -1- . a. Commission agrees as follows: (a) To maintain an account for each District customer and turn on and shut off water service for each such account on customer application. (b) Read the meters for District's customers monthly or on the same schedule as for its own customers and mail statements of District's charges to District's customers and receive payment thereof for District. Billings to District's customers and collection of District's water charges shall be in accordance with Commission's procedure from time to time in use by it for collecting its water charges. Commission shall not be required to make any effort to collect such charges beyond its established procedure therefore or be responsible for the collection thereof or be required to shut off water from any of District's customers except on order of the District. (c) With reasonable diligence, make all ordinary repairs to and provide ordinary maintenance of District's distribution system, including any pumping stations, provided, except in case of emergency, that District's prior approval shall be obtained to perform any repair or maintenance task which would incur a cost to District in excess of $ 900.00 . Commission shall not be required to incur any cost or expense for maintenance or repairs • in excess of the amount of monies of District then in the possession of Commission. (d) On order of District make all service connections to District's distribution system. Such service connections and customer meters shall be supplied by Commission and costs thereof paid by applicants for service. (e) Commission shall be paid its charges for turning on or shutting off water to District's customers and for special services other than water service for District's customers in accordance with its regulations then in effect. Such charges shall be the property of Commission and shall not be accounted for by Commission to District. (f) At regular monthly periods, Commission shall submit a statement to District showing the amount collected from District's customers, Commission's charges for maintenance and repairs, charges to District for meters and service ' connections and for the District's use of water during the preceding month and remit to District such amount due to District after deducting therefrom all amounts payable by District to Commission during each such period and in the event that there shall be a deficit, District agrees to pay the same to Commis- sion on demand. (g) To the extent authorized under Section 6 hereof, Commission forces will review preliminary proposals for extensions and modifications to District's distribution system and make recommendations regarding such proposals Agreement -2- • L to District and such reviews and recommendations shall be included as operations and no extra charges shall be made by Commission for such work. When an extension or modification has been authorized by District and Commission, the detailed plans and specifications therefore as prepared by • others and the construction inspection thereof as performed by others shall be reviewed and approved by Commission to the extent as determined by Commission and District shall pay Commission for its costs of such work plus ten percent (10%) thereof, not to exceed two percent (2%) of the project cost. (h) To do any and every other thing necessary or incident to the operation and management of an efficient water system as requested by District or as recommended by Commission and approved by District. j. District shall pay to Commission for Commission's costs of main- tenance and repair of District's system, plus 10% thereof. 6. Extension or modification of District's water distribution system shall be done only with prior written approval of Commission. Extensions or • modifications shall be in accordance with the standards prevailing within the City of Medford including the Medford Water Commission standards for and its specifications for materials and construction as now in effect or as Commission may, from time to time prescribe. 7. The area to be served by District is described in Exhibit A, which• is attached and made a part of this Agreement and District shall not supply water to customers located outside of such area. 8. District agrees to indemnify Commission, and the City of Medford, and to hold the same harmless from any liability or obligation it may incur or become liable for to District's customers or third persons and arising out of its performance of this Agreement. Commission shall not be required to service or repair District's distribution system other than in its ordinary course of business in connection with the service and maintenance of its own water distribution system. 9. This contract shall be in full force and effect until the 31st day of Dpremhpr , 19 86 , and District shall make no assignment of the rights or interest herein granted without written permission from Commission. • Agreement -3- L 10. It is further understood and agreed by and between the parties hereto that this Agreement is conditioned upon faithful performance by District of all of the terms and provisions hereof, and should the District breach any of the terms of said Agreement, Commission shall notify the District of such alleged breach, and if the District fails to correct such breach within the ten (10) days from the date of written notice by Commis- sion, Commission shall have the right to discontinue furnishing water as herein provided and Commission may, at its option, terminate this Agreement. 11 . In the event any suit, action or other proceeding is brought with regard to this Agreement, onto enforce any of the provisions hereof, the prevailing party in any such suit, action or other proceeding, or any appeal therefrom, shall be entitled to reasonable attorney's fees. IN WITNESS WHEREOF, the Elk City Water District has caused this Agreement to be executed in duplicate by its duly authorized officers and City of Medford, acting by and through its Water Commission has caused the same to be executed in duplicate by the Chairman of said Commission and its City Recorder, all on the day and year first above written. ELK CITY WATER DISTRICT /\\/'/�/� ✓ /,,CChJa i rmaa o —Secretary CITY ORD, •LOUGH ITS SMMISS ION ,ins Chairman //iL2c An q_„ Cip Recorder/Treasurer - Agreement -4- 6'9 EXHIBIT "A" • DESCRIPTION OF ELK CITY WATER DISTRICT -- - _ Beginning al the must southerly southwest entries of the N,„I•- --- District, o municipal Curly..al,c,, as described ,n Vol oy Water and 443 of the Commissioner's Vaurnol of Jackson Couni O I' t1e4e westerly along the south Eric of Donetn,n Loner L'a,.n r4o 6v, !Oregon,, R2 Y/ \Y. M., Jackson County, O,egon and the cant,ne,ation t`ere01 to the south. westerly r:ghtml•..oy line of thy Southern Poo Lc Railroad uia•nre not tli• • westerly along said riyh:.of•way line to iI$ intersection with the ;otirr;y Gni of the Ehrman \Yorenouse Industrial ()ismer, a rec ontrd suhil,vr..ur, Wrote 5 0' 02' 29” E 1.95 a leer more or less t0 tie. •nwl„mu tone, al subdivision thence S BS 54' 1Y 534 96 Ir et : sine corner of Donol.On-Lund Claim Nu, ' °' less. to Ili,. . JQ icon on County, Oregon; thence westerly along the south line of lso,d U,I+„I „oc4 nu Claim No 02 and the continuation the teal to 0 t.Ln1 + Lund • .corner of the f e 44 rucks°,. property described Ocd in Volume Jmo PC,, 449 0l trio tai l•,sun County Deed Records; thence North 30 feel more or less h• Ihru'hwesl comer of sod property; thence northerly along the westerly line int said property to the southwest (Omer of Donation Land (loon No, AJ, T 37 S, • R 2 W, NY, M., locksan County, Oregon; thence northerly along said westerly Donation Land Claim Lnc to its intersection wilh the soupse•..city n,jhi.of. way line of the SoWi:rn Pacific Ra;livau, thence riot th..r'ne,ly along •.mal r,ghl'af'woy line to tits inlet cCI,on with the noriheily line of Uor,uoos Land Claim No 04, T 37 1: 2 W, W, h\ , Incl•son County, Oregon, thence westerly along the northerly line of said Donation point south of the southwest coiner of L.01 V none Ii It lila or04 .a o reCOidrd subdivision then,v North t esi Snow e o snha.dt. o Ilienee N 09' 54' \Y o loud south we a lou,fe of sn,J the ce 10 feel to Ihr cd cruelline of a t' kat ,unJ, lhu+ye North along Ihr centerline. of sm0 rood iv is n4•nrc lu•„ „,Ili Ihr Saulh line of Lot "K'' sold Snowy bunt OrClssrJs, Sheol(e wsarrll °lung the South line of said Lot 'f,'' Ia the southwest corner tvrred, If i'nse northerly along the well line of said Lot ''K'' to Ilse sou thwe si a Omer ,d Ilse property described in Volume 25'0. Purr 30, ul the lad • thence emletl yin County : :cJ GcCu41n, y o�h,, the .c soh tine of lune properly' and IL•• oiin,nthem.r Northwesterly to the alo g ontois rynl.ul west line of the I'acihc li„fit, .,i ter Nurlhc.rsrerly along sone ,.gni uf.woy hnr Iv tiro vni st•, u �d, the properly descnbru .n Valun•r 273, hu,. ” of Deed Records; timer n Je J Oc.d the lino r ni.r, Cuu„ly properly to the north line of Demotion y11g Ilia' fONu 54,1 / rI said V/ M., Loud dCe,ln Nu. S4, r J i r , V: JacksonronLand Clen Oregon, thence ra;l<rly aloes suit nr t, I,nr of said Donation Cla„n Nc• 54 la Ihr mirth. g n souther) aunt comer floe,,ul ll t an Y along Ih< ria 1-.., ,C!.ry of said U.,nu ear+ Load I the southeast Corner Ihr.iolC a„h s:, 4 said oou llq•u” canner also being' the southwest ofso corner of Donation Lunt Claun No. 53, 7 37 5, R 2 W W. t.1 , Jud son County, Oregon; then(' easterly along the souihrel L,unh . Land Claim Na 5B a,ii 'mi,n I y lacy of .n%rl Unnp tion common IU seci,mn I I •,o in3 I tin rot h, , Vt' , res an. ,ort C h„r Oregon: thence soother's,•,allong T 37 5, R 2 1V \Y .M i i ii,• „ <h. ley, to the seclian 10 said s.sGI I 12,1rt91.5 5 hit n, w rlrss cornu unninon sections I I, �� i� and range.; thence southerly along.ih li 13 unJ I4 wse heas5 p and 14 said low nnhip and range e sic nail line common aless to ;re.hoot I l : • westerly '3760.60 feet more or to the mous • 1•', i,r. Y soW hweU earner of said Midway \Vater District; ii 'oboe cost rely .1 "rr'sJ” along the Wundo, cal said •n Ica o comer there ol; thvnr, 1 M,dh ay Water District , f 7 It moor ' tels t' ', ;, 11 c south along the b)unJory of said N,nlwav Wntr, I'�: i'n District 273.9 1 ` ill said Anal,. Water to a noel the enoon Item le eine o ten, . r L,• 1.•.n,.A, ., 71'i-• ,}�'rtj/ . sty (_uni`ir 6VI eel nw,e tr les( to o <on.r, mew iry W sauth along the Lound.,: ,.I Wenn s said m,Jwar Vnarch ,e,rof 1119 14 het sir or lass to phe shunt etahvly south..rsi coiner thereof arid bw,n. rroint • of beginning, 1 a.r point Excepting therefrom those portions withir, the Cities. of Medford and Central Point which have br:en with- drown from the District by those Cities . • • EXHIBIT "IA”'