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HomeMy WebLinkAboutCAG1982-001 - Original - King County Water District # 75 - Agreement to Provide Water Service - 07/16/1982 CAHTANO BOTZER LARSON & BIRKHOLZ ATTORNEYS AT LAW WILLIAM H.BOTZER 1300 IBM BUILDING JOHN O. CARTANO FRANK W. BIRKHOLZ SEATTLE,WASHINGTON 98101 JOHN W.CHAPMAN MARION V. LARSON,P.S. OF COUNSEL THOMAS C.Mc KINNON (206) 623-6700 JON G. SCHNEIOLER THOMAS A.STERKEN J.JEFFREY OUOLEY PAUL W. OOEN JOHN W.MILNE CARLYN J.STEINER December 9 , 1982 Mayor Isabel Hogan City of Kent 200 South 4th Kent, WA 98031 Dear Mayor Hogan: Enclosed is an executed copy of the Water District No. 75 "Agreement to Provide Water Service" to the City of Kent, Washington. At the time this Agreement was signed, a new rate structure was under consideration by the District. It was subsequently enacted at a regular District meeting held October 20, 1982. I am enclosing a copy of the new rate schedule which will govern charges for water delivered to Kent after the City of Seattle give its approval to the Intertie Agreement. In the event the City of Seattle should increase its demand charge to Water District No. 75, this increase will be passed along directly to all of the District' s customers - including water wholesalers such as yourself. At the time this contract was executed, the Water District No. 75 rate schedules were based on hypothetical usages established for different meter sizes. Paragraph three of the Contract indicates that the water rates to Kent will be based on an 8" meter size as this reflected the best estimate of your likely consumption of water. Subsequent to executing this contract, the new rate schedules adopted by the District were based on actual rather than hypothetical water consumption and thus the City of Kent will be billed by Water District No. 75 based on the actual number of cubic feet of water delivered to Kent. If you have any questions regarding the new rate schedules in effect for Water District No. 75 , Ray Graeber the Water District No. 75 Manager will be happy to discuss them with you in detail. Please accept my apology for my failure to transmit the CAETANo BOTZEE LARSON & BIEKHOLZ ATTORNEYS AT LAW 1300 IBM BUILDING SE ANTI E.WASHINGTON 98101 executed Contract to you immediately after it was signed by the Commissioners. The District has been involved in a series of major transactions and this letter to you escaped by attention. The fault is mine and is not shared by the District. Sincerely, CARTANO BOTZER LARSON & BIRKHOLZ /9 Carlyn - iner CJS/krp Enclosures cc: Ray Graeber Greg Botch (Contract enclosure) TABLE 23 1982 WATER RATE SCHEDULE SUMMARY RESIDENTIAL RATE SCHEDULE PER 100 CU. FT. RATE PER MO. MINIMUM OVER METER AVERAGE MINIMM CU. FT./tD• MINIMUM SIZE CONSUMPTION 5/8 0- 3,000 $ 9.00 500 $0.60 COMMKRCIAL RATE SCHEDULE 3/4" 0- 3,000 $ 13.00 500 $0.60 " 3,001- 6,000 36.00 3,000 0.60 1 72.00 6,000 0.60 1-1/2" 6,001- 12,000 12,000 0.60 2" 12,001- 25,000 132.00 3" 25,001- 50,000 276.00 25,000 0.60 4" 50,001- 100,000 525.00 50,000 0•60 , - 300,000 1,110.00 100,000 6" 0.60 100001 300,000 0•60 8" 300,001- 600,000 2,690.00 970.00 600,000 0.60 �I 10" 600,001-1,200,000 9,155.00 1,200,000 0•60 12" 1,200,001-UP �I rI O WHOLESALE RATE SCHEDULE OTHER WATER DISTRICTS �I PER 100 CU. FT. �I METER AVERAGE RATE PER MO. MINIMUM OVER CU. FT./MO. MINIMUM SIZE CONSUMPTION (1 rD. MIN.) I 4" 50,001- 100,000 $ 367.00 50,000 $0.49 6" 100,001- 300,000 765.00 100,000 0.49 8" 300,001- 600,000 1,945.00 300,000 0.49 600,000 0.49 �I 1 600,001-1,200,000 6, 660-00 12" 1,200,001-UP 900.00 1,200,000 0.49 39 MISCELLANEOUS WATER USE RATE SCHEDULE METER RATE PER MO. MINIMUM PER 100 CU. FT. SIZE PERIOD-1 MD. MIN.) CU. FT•/l"D• OVER MINIMUM 1" $ 18.00 0 .60 1-1/2" 36.00 0 0.60 2" 60.00 0 0.60 3" 126.00 0 0.60 4" 225.00 0 0.60 6" 510.00 0 0.60 8" 890.00 0 0.60 r INDUSTRIAL RATE SCHEDULE PER 100 CU. FT. METER AVERAGE RATE PER MO. MINIMUM OVER SIZE CONSUMPTION MINIMUM CU* FT. MINIMUM 4" 50,000- 100,000 $ 52 5.00 50,000 $0.49 6" 100,001- 300,000 1,110.00 1009000 0.49 8" 300,001- 600,000 2,690.00 300,000 0.49 10" 6000001-1,2009000 4,970.00 600,000 0.49 12" 1,200,001-UP 9,155.00 1,200,000 0.49 These rates are predicated upon (1) use during low demand periods and (2) user having a demand factor of not more than 1.25 times average demand. It will be the responsibility of the user to verify that these conditions exist. r STANDBY FIRE SCHEDULE r FIRE-FLOW MINIMUM RATE MINIMUM CU. FT. PER 100 CU. FT. METER SIZE PER NDNTH PER MONTH OVER MINIMUM 3" $ 3.25 0 $0.60 4" 5.75 0 0.60 6" 12.75 0 0.60 8" 22.75 0 0.60 10" 35.50 0 0.60 12" 51.00 0 0.60 These rates are based upon a reapportioned annual debt service of $11,489 for the cost of facilities, per 1978 Standby Fire Protection Rate Study. Document No. 39.6 40 Document No. 26.17 Revised 7/16/82 WATER DISTRICT N0. 75 AGREEMENT TO PROVIDE WATER SERVICE THIS AGREEMENT made this day of 19_, between Water District No. 75, King County, and The City of Kent , (municipality) . WHEREAS, Water District No. 75 and The CitY of Kent (municipality), are corporations organized under the laws of the State of Washington; and WHEREAS, the State Department of Social and Health Service recommends Water Service Agreements between adjacent water utilities; and WHEREAS , the Comprehensive Plan of Water District No. 75 anticipates such needs; and WHEREAS, the Rules and Regulations of the Water District set forth conditions for providing water service; and WHEREAS, the rate structure of Water District No. 75 specifies the cost of providing water for certain classes of users; NOW THEREFORE it is hereby agreed as follows: 1. Definitions a) Continuous Service: Two (2) utilities connected by an unlocked operating meter for a term of more than one year. b) Emergency Service: Two (2) utilities connected by a locked meter with service provided at the request of one or the other recipient for a sudden unplanned event or set of circumstances demanding immediate to prevent serious losses to personnel and/or property. c) Other: Shall be miscellaneous water use, not defined. 2. Scope of Service Water District No. 75 will provide the following service to The City of _,Kent _— (municipality)- Type of Service: (a) Emergency ( ) (b) Continuous (X ) (c) Otber ( ) T_ ,:anon of .7-ter will be: S , 242nd St . & tli 1 i tart - --- - — of t r »ill be: 8'' Water Specialties , Propeller Size and type _——---- fier or ti_`ic: tion: 781230_----------- ------ Meter gill ` ow-led by: Water District- No . -75 ", ter gill =intai;.ed ;- �d read by: Water -District No . 75 "`eter mill �a ir.�talled �;-�d � --id for by: Water District No . 75 Hydraulic gradient at meter will be: (max.) S 6 0 W 0 #7 S HWL (max.) 529 Kent HWL. 1 , 000 GPM Estimated available flow will be: (max.) (min.) 200 GPM Estimated annual consumption will be: (max.) 5 MG (min.) 105 MG Meter will be normally: Locked ( ), Unlocked (X) 3. Cost of Water Charges for water will be based upon the Water District No. 75 current rates as amended. The applicable rate for this service will be for the following class of service: (a) Wholesale (X ) (b) Industrial ( ) (c) Standby Fire ( ) (d) Miscellaneous ( ) The size of meter for billing purposes will be determined by historical annual demand. This meter size is initially esti- h diameter) . This hypothetical meter mated to be 8 (inc y appropriate credits or size will be verified annuall and app p adjustments will be made each year (this applies to continuous service only). A copy of the current Water District No. 75 rate is attached hereto, and made a part hereof. 4. City of Seattle Demand Charge In the event water usage through the intertie causes either municipality to incur a City of Seattle demand charge, as estab- lished by City of Seattle Ordinance No. 109398, or in the event that it causes an increase in the City of Seattle demand charge that one of the municipalities must pay, then in that event, the parties shall negotiate additional compensation for the water used. The additional compensation shall be as the two munici- palities shall agree as reasonable under the circumstances. 5. Indemnification The City of Kent (municipality) , agrees to Indemnify and hold harmless Water District No. 75 from any claim arising from this agreement. Furthermore, it is understood and agreed that Water District No. 75 makes no warranties or assur- ances as to water availability, pressure or volume at any given time. It is understood that if Water District No. 75's water service to the interconnection point is temporarily interrupted for repair; in an emergency; or for any other reason; it is not obliged to provide an alternative source of supply. ater District No. 75 does, now-ver, T, arrant that it will not, except for reasons such as the fo-= oing, interrupt the water supply to the interconnection. 6. Term This Agreement , e-ccpt for the .::ter rate , shall extend for five years from the date hereof, and s .all continue indefinitely on nless either of the parties notifies an annual basis thereafter u the other of its intention not to continue this agree ent by giving ninety days (90) written ,,otice prior to the end of the first term of this agreement or any eat =need tern thereof. 7. Miscellaneous Conditions _. Demand monitoring required . Install P . R .V . WATER DISTRICT NO. 75, KING COUNTY The City of Kent (MUNICIPALITY) 4B , BY�,.. RESIDENT OE-THE BOARD OF WATER OMMISS RS' BY: SECRETARY OF THE BOARD OF WATER COMMISSIONERS BY: COMMISSIONER WHOLESALE RATE SCHEDULE (OTHER WATER DISTRICTS) Meter Rate Per Mo. Minimum Per 100 Cu. Ft. Size (Period-1 Mo. Min.) Cu. Ft./Mo. Over Minimum: 4" S 180.00 100 SO.30 6" 400.00 100 0.30 8" 710.00 100 0.30 10" 1,100.00 100 0.30 12" 1,600.00 100 0.30 MISCELLANEOUS WATER USE 1 $ 14.00 100 $0.42 iv'" 27.00 100 0.42 2" 44.00 100 0.42 3" 100.00 100 0.42 4" 180.00 100 0.42 6" 400.00 100 0.42 g" 710.00 100 0.42 10" 1,110.00 100 0.42 12" 1,600.00 100 0.42 INDUSTRIAL RATE SCHEDULE Meter Average Rate Per Mo. Minimum Per 100 Cu. Ft. Size Consumption Minimum Cu. Ft. Over Minimum 4" 50,000-100,000 $ 390.00 50,000 $0.30 6" 100,001-300,000 820.00 100,000 0.30 8" 300,001-UP - 1,970.00 300,000 0.30 These rates are predicated upon (1) use during low demand periods and (2) user having a demand factor of -not more than 1.25 times average demand. It will be the responsibility of the user to verify that these conditions exist. STANDBY FIRE SCHEDULE Fire-Flow Minimum Rate Minimum Cu. Ft. Per 100 Cu. Ft. Meter Size Per Month Per Month Over Minimum 3" $ 3.50 0 SO.42 4" 6.00 0 0.42 6" 13.50 0 0.42 8" 25.00 0 0.42 10" 40.00 0 0.42 12" 55.00 0 0.42 These rates are based upon an annual debt service of $12,331 for the cost of facilities, per 1978 Standby Fire Protection Rate Study. :1 CITY OF MINT April 17, 1985 Ken Hall , Manager King County Water District 75 19863 28th Avenue South Seattle, Washington 98188 RE: Kent/W.D. 75 Agreement to Provide Water Service Dear Mr. Hall : Enclosed is a copy of the above referenced agreement which has been modified to reflect the changes we presented to and were concurred with by your Commissioners. The Kent City Attorney did modify the indemnity clause. Please review the agreement and the modifications which have been high- lighted on the attached and let me know if you have any comments or concerns. If there are none, I will have our Mayor execute the agreement and return it to you for the necessary District signatures. Very truly yours, Don E. Wickstrom, P.E. Director of Public Works Enclosure '4e 220 4th AVE.SO.,/KENT,WASH INGTON 98032-5695/TELEPHONE 1206)872.3300 WATER DISTRICT NO. 75 AGREEMENT TO PROVIDE WATER SERVICE THIS AGREEMENT made this day of 198 between Water District No. 75, (Water District), King County, and The City of Kent (City) : WHEREAS, Water District NO. 75 and the City of Kent are corporations organized under the laws of the State of Washington; and WHEREAS, the State Department of Social and Health Service recommends Water Service Agreements between adjacent water utilities; and WHEREAS, the Comprehensive Plan of Water District No. 75 anticipates such needs; and WHEREAS, the Rules and Regulations of the Water District set forth conditions for providing water service; and WHEREAS, the rate structure of Water District No. 75 specifies the cost of providing water for certain classes of users; NOW THEREFORE it is hereby agreed as follows: 1 . Definitions a) Continuous Service: Two (2 ) utilities connected by an unlocked operating meter for a term of more than one year. b) Emergency Service: Two (2) utilities connected by a locked meter with service provided at the request of one or the other recipient for a sudden unplanned event or set of circumstances demanding immediate action to prevent serious losses to personnel and/or property. c) Other: Shall be miscellaneous water use; not defined. 2. Scope of Service Water District No. 75 will provide the continuous service, as defined above, to the City of Kent. Location of meter will be: S. 242nd St. & Military Rd. S. Size and type of meter will be: 8" Water Specialties, Propeller Meter Number or identification: 781230 Meter will be owned by: Water District No. 75 Meter will be maintained and read by: Water District No. 75 Meter will be installed and paid for by: Water District No. 75 Hydraulic gradient at meter will be: (max. ) 560 WD #75 HWL (max. ) 529 Kent HWL Estimated available flow will be: (max. ) 1 ,000 GPM (min. ) 200 GPM Estimated annual consumption will be: (max. ) 525 MG (min. ) 105 MG Meter will be normally unlocked. 3. Cost of Water Charges for water will be based upon the Water District No. 75 current rates as amended. The applicable rate for service to the City will be wholesale. The size of meter for billing purposes will be determined by historical annual demand. This meter size is initially estimated to be 8 inches in diameter. This hypothetical meter size will be verified annually and appropriate credits or adjustments will be made each year. A copy of the current Water District No. 75 rate schedule is attached hereto, and made a part hereof. 4. City of Seattle Demand Charge In the event water usage through the intertie causes either municipality to incur a City of Seattle demand charge, as estab- lished by City of Seattle Ordinance No. 109398, or in the event that it causes an increase in the City of Seattle demand charge that one of the municipalities must pay, then in that event, the parties shall negotiate additional compensation for the water used. The additional compensation shall be as the two munici- palities shall agree as reasonable under the circumstances. 5. Indemnification The City and the Water District agree to protect and save one another harmless from and against all claims, demands and causes of action of any kind or character, including the cost of defense thereof, from any claim on account of personal injuries, death or damage to personal property arising out of this agreement; except such claims as are finally determined to be the result of the sole negligence of either party. Furthermore, it is understood and agreed that Water District No. 75 makes no warranties or assurances as to water availability, pressure or volume at any given time. It is understood that if Water District No. 75's water service to the interconnection point is temporarily interrupted for repair; in an emergency; or for any other reason not within the control of the Water District; it is not obliged to provide an alternative source of supply. Water District No. 75 does, however, warrant that it will not, except for reasons such as the foregoing, interrupt the water supply to the interconnection. 6. Term This Agreement, except for the water rate, shall extend to January 1 , 1990, and shall continue indefinitely on an annual basis thereafter unless either of the Parties notifies the other of its intention not to continue this agreement by giving ninety days (90) written notice prior to the end of the first term of this agreement or any extended term thereof. 7. Miscellaneous Conditions a. Demand monitoring required. Install P.R.V. b. In the event the City of Kent determines to construct a new intertie to the Water District No. 75 utility system, in the area of S. 240th and 35th Ave. S. , the Water District agrees to allow such connection to abandon the existing intertie at S. 242nd St. and Military Rd. S. , and relocate its water meter to the location of the new intertie. The new intertie shall be constructed at the sole cost and is the sole responsibility of the City. WATER DISTRICT N0. 75, KING COUNTY THE CITY OF KENT BY: BY: PRESIDENTBOARD WATER COMMISSIONERS BY: BY: sn—RUARRY OF THE BOARD OF WATER COMMISSIONERS BY: OMM SS ONER 0945L-08L CITY OF KENT 220 4th Avenue South !,- Kent, WA 98032-5895 Fax Number (206)859-3334 FROM: ( .- � li Dept. Senders-�� � Fax Number _ s,5 2 - Organization Attention The following document(s) consists of / rages (including cover page). Date Sent Time Sent Reply Requested Ins truc tions/R.emarks: r � � CITY OF KENT ' e DEPARTMENT OF PUBLIC WORKS TO: � 0� a DATE: RE: .l .it�a �' �� OCACI az- l l BY I ( 1 r � ' CITY OF MINT April 17, 1985 r. Ken Hall , Manager King County Water District 75 19863 28th Avenue South Seattle, Washington 98188 RE: Kent/W.D. 75 Agreement to Provide Water Service Dear Mr. Hall : Enclosed is a copy of the above referenced agreement which has been modified to reflect the changes we presented to and were concurred with by your Commissioners. The Kent City Attorney did modify the indemnity clause. Please review the agreement and meknowmodifications havewhich any comments been origh- lighted on the attached and let e concerns. If there are none, I will have our Mayor execute the agreement and return it to you for the necessary District signatures. Very truly yours, , Don E. Wickstrom, P.E. Director of Public Works Enclosure ift 220 41h AVE.SO.,/KENT,WASHINGTON 98032.5895/TELEPHONE(206)872.3300 WATER DISTRICT NO. 75 AGREEMENT TO PROVIDE WATER SERVICE THIS AGREEMENT made this day of 198 , between Water District No. 75, (Water District), King County, and The City of Kent (City) : WHEREAS, Water District NO. 75 and the City of Kent are corporations organized under the laws of the State of Washington; and WHEREAS, the State Department of Social and Health Service recommends Water Service Agreements between adjacent water utilities; and WHEREAS, the Comprehensive Plan of Water District No. 75 anticipates such needs; and WHEREAS, the Rules and Regulations of the Water District set forth conditions for providing water service; and WHEREAS, the rate structure of Water District No. 75 specifies the cost of providing water for certain classes of users; NOW THEREFORE it is hereby agreed as follows: 1 . Definitions a) Continuous Service: Two (2 ) utilities connected by an unlocked operating meter for a term. of more than one year. b) Emergency Service: Two (2 ) utilities connected by a locked meter with service provided at the request of one or the other recipient for a sudden unplanned event or set of circumstances demanding immediate action to prevent serious losses to personnel and/or property. c) Other: Shall be miscellaneous water use; not defined. 2. Scope of Service Water District No. 75 will provide the continuous service, as defined above, to the City of Kent. Location of meter will be: S. 242nd St. & Military Rd. S. Size and type of meter will be: 8" Water Specialties, Propeller Meter Number or identification: 781230 Meter will be owned by: Water District No. 75 Meter will be maintained and read by: Water District No. 75 Meter will be installed and paid for by: Water District No. 75 fir. Hydraulic gradient at meter will be: (max. ) 560 WD #75 HWL (max. ) 529 Kent HWL Estimated available flow will be: (max. ) 1 ,000 GPM (min. ) 200 GPM Estimated annual consumption will be: (max. ) 525 MG (min. ) 105 MG Meter will be normally unlocked. 3. Cost of Water Charges for water will be based upon the Water District No. 75 current rates as amended. The applicable rate for service to the City will be wholesale. The size of meter for billing purposes will be determined by historical annual demand. This meter size is initially estimated to be 8 inches in diameter. This hypothetical meter size will be verified annually and appropriate credits or adjustments will be made each year. A copy of the current Water District No. 75 rate schedule is attached hereto, and made a part hereof. 4. City of Seattle Demand Charge In the event water usage through the intertie causes either municipality to incur a City of Seattle demand charge, as estab- lished by City of Seattle Ordinance No. 109398, or in the event that it causes an increase in the City of Seattle demand charge that one of the municipalities must pay, then in that event, the parties shall negotiate additional compensation for the water used. The additional compensation shall be as the two munici- palities shall agree as reasonable under the circumstances. 5. Indemnification The City and the Water District agree to protect and save one another harmless from and against all claims, demands and causes of action of any kind or character, including the cost of defense thereof, from any claim on account of personal injuries, death or damage to personal property arising out of this agreement; except such claims as are finally determined to be the result of the sole negligence of either party. Furthermore, it is understood and agreed that Water District No. 75 makes no warranties or assurances as to water MISCELLANEOUS WATER USE RATE SCHEDULE METER RATE PER MO. MINIMUM PER 100 CU. FT. SIZE (PERIOD-1 MO. MIN.) CU. FT./M . OVER MINIMUM in $ 18.00 0 $0.60 1-1/2" 36.00 0 0.60 2" 60.00 0 0.60 3" 126.00 0 0.60 4" 225.00 0 0.60 6" 510.00 0 0.60 8" 890.00 0 0.60 INDUSTRIAL RATE SCHEDULE PER 100 CU. FT. METER AVERAGE RATE PER MO. MINIMUM OVER SIZE CONSUMPTION MINIMUM CU. FT. MINIMUM 4" 50,000- 100,000 $ 525.00 509000 $0.49 6" 1009001- 3009000 1,110.00 100,000 0.49 8" 300,001- 600,000 2,690.00 3009000 0.49 10" 6009001-1,200,000 4,970.00 600,000 0.49 12" 1,200,001-UP 9,155.00 1,200,000 0.49 These rates are predicated upon (1) use during low demand periods and (2) user having a demand factor of not more than 1.25 times average demand. It will be the responsibility of the user to verify that these conditions exist. STANDBY FIRE SCHEDULE FIRE-FLOW MINIMUM RATE MINIMUM CU. FT. PER 100 CU. FT. METER SIZE PER MONTH PER MONTH OVER MINIMUM 3" $ 3.25 0 $0.60 4" 5.75 0 0.60 6" 12.75 0 0.60 8" 22.75 0 0.60 10" 35.50 0 0.60 12" 51.00 0 0.60 These rates are based upon a reapportioned annual debt service of $11,489 for the cost of facilities, per 1978 Standby Fire Protection Rate Study. Document No. 39.6 40 Document No. 26.17 Revised 7/16/82 WATER DISTRICT NO. 75 AGREEMENT TO PROVIDE WATER SERVICE THIS AGREEMENT made this day of 19— , between Water District No. 75, King County, and The City of Kent (municipality) . WHEREAS, Water District No. 75 and The City of Kent (municipality), are corporations organized under the laws of the State of Washington; and WHEREAS, the State Department of Social and Health Service recommends Water Service Agreements between adjacent water utilities; and WHEREAS , the Comprehensive Plan of Water District No. 75 anticipates such needs; and WHEREAS, the Rules and Regulations of the Water District set forth conditions for providing water service; and WHEREAS, the rate structure of Water District No. 75 specifies the cost of providing water for certain classes of users; NOW THEREFORE it is hereby agreed as follows: 1. Definitions a) Continuous Service: Two (2) utilities connected by an unlocked operating meter for a term of more than one year. b) Emergency Service: Two (2) utilities connected by a locked meter with service provided at the request of one or the other recipient for a sudden unplanned event or set of circumstances demanding immediate action to prevent serious losses to personnel and/or property. c) Other: Shall be miscellaneous water use; not defined. 2. Scope of Service Water District No. 75 will provide the following service to The C i ty of Kent (municipality)- Type of Service: (a) Emergency ( ) (b) Continuous (X ) (c) Other ( ) T:o_ation of :peter will be: S ,_ 242nd S_t . & Mi 1 i tary+__Rd . S_ e of meter will be : 8" Water—Specialties , Propeller Size and type -- _ `ieter ..�T:ber or ;ue�tiI -1tion: 781230 -- `-:eter will be o_.:ned by: Water District No . 75 will be �aintair.ed and read by: Water District No 75 �zter , r District No . Meter '.-ill be installed and paid for by: W a t e Hydraulic gradient at meter will be: (max.) S60 WD 1{75 HWL (max.) 529 Kent HWL Estimated available flow will be: (max.) 1 , 000 GPM (min.) 200 GPM Estimated annual consumption will be: (max.) 52S MG (min.) 105 MG Meter will be normally: Locked ( ), Unlocked (X) 3. Cost of Water Charges for water will be based upon the Water District No. 75 current rates as amended. The applicable rate for this service will be for the following class of service: (a) Wholesale (X ) (b) Industrial ( ) (c) Standby Fire ( ) (d) Miscellaneous ( ) The size of meter for billing purposes will be determined by historical annual demand. This meter size is initially esti— meter mated to be 8 (inches diameter) . This hypothetical size will be verified annually and appropriate credits or adjustments will be made each year (this applies to continuous service only). A copy of the current Water District No. 75 rate is attached hereto, and made a part hereof. 4. City of Seattle Demand Charge In the event water usage through the intertie causes either municipality to incur a City of Seattle demand charge, as estab— lished by City of Seattle Ordinance No. 109398, or in the event that it causes an increase in the City of Seattle demand charge that one of the municipalities must pay, then in that event, the parties shall negotiate additional compensation for the water used. The additional compensation shall be as the two munici— palities shall agree as reasonable under the circumstances. 5. Indemnification The C_ity of Kent (municipality) , agrees to indemnify and hold harmless Water District No. 75 from any claim arising from this agreement. Furthermore, it is understood and agreed that Water District No. 75 makes no warranties or assur— ances as to water availability, pressure or volume at any given time. It is understood that if Water District No. 75's water service to the interconnection point is temporarily interrupted for repair; in an emergency; or for any other reason; it is not obliged to provide an alternative source of supply. Water District No. 75 does, however, warrant that it will not, except for reasons such as the foregoing, interrupt the water supply to the interconnection. 6. Term This 'agreement , except for the water rate , shall extend for five years from the date hereof, and shall continue indefinitely on an annual basis thereafter unless either of the parties notifies the other of its intention not to continue this agreement by giving ninety days (90) written notice prior to the end of the first term of this agreement or any extended tern thereof. 7. Miscellaneous Conditions Demand monitoring required . Install P . R .V . WATER DISTRICT NO. 75, KING COUNTY T h e City of Kent (MUNICIPALITY) B . BY RESIDENT 0 IFM BOARD OF WATER COMMISS � J lam—•, BY: BY: SECRETARY OF THE BOARD OF WATER COMMISSIONERS BY: COMMISSIONER WHOLESALE RATE SCHEDULE (OTHER WATER DISTRICTS) Meter Rate Per Mo. Minimum Per 100 Cu. Ft. Size (Period-1 Mo. Min.) Cu. Ft./Mo. Over Minimum 4" $ 180.00 100 $0.30 6" 400.00 100 0.30 81, 710.00 100 0.30 100 0.30 1,100.00 10" � 12" 1,600.00 100 0.30 ` MISCELLANEOUS WATER USE 1" $ 14.00 100 $0.42 1 " 27.00 100 0.42 4400 100 2.. . 0.42 3" 100.00 100 0.42 4" 180.00 100 0.42 6" 400.00 100 0.42 8" 710.00 100 0.42 10" 1,110.00 100 0.42 12" 1,600.00 100 0.42 INDUSTRIAL RATE SCHEDULE Meter Average Rate Per Mo. Minimum Per 100 Cu. Ft. Size Consumption Minimum Cu. Ft. Over Minimum 4" 50,000-100,000 $ 390.00 50,000 $0.30 6" 100,001-300,000 820.00 100,000 0.30 8" 300,001-UP - 1,970.00 300,000 0.30 These rates are predicated upon (1) use- during low demand periods and (2) user having a demand factor of -not more than 1.25 times average demand. It will be the-responsibility of the user to verify that these conditions exist. STANDBY FIRE SCHEDULE Minimum Rate Minimum Cu. Ft. Per 100 Cu. Ft- Fire-Flow Per Month Over Minimum Meter Size Per Month 3" $ 3.50 0 90.42 4" 6.00 0 0.42 6" 13.50 0 0.42 8" 25.00 0 0.42 10" 40.00 0 0.42 12" 55.00 0 0.42 These rates are based upon an annual debt service of $12,331 for the cost of facilities, per 1978 Standby Fire Protection Rate Study. � , 1 �vl 7 1 CAa R R TANO BOTZE CARBON & BIRKIiOLZ ATTORNEYS AT LAW WILLIAM H.BOTZER 13oo IBM BIIILDING JOHN D.GARTANO FRANK W. BIRKHOLZ MARION V. LARSON.P.S. SEATTLE,WASHINGTON 98101 JOHN W.CHAPMAN OF COUNSEL THOMAS C.MCKINNON (206) 623-6700 JON G. SCHNEIDLER THOMAS A.STERKEN J.JEFFREY DUDLEY PAUL W.OOEN JOHN W.MILNE CARLYN J.STEINER December 9 , 1982 Mayor Isabel Hogan City of Kent 200 South 4th Kent, WA 98031 Dear Mayor Hogan: Enclosed is an executed copy of the Water District No. 75 "Agreement to Provide Water Service" to the City of Kent, Washington. At the time this Agreement was signed, a new rate structure was under consideration by the District. It was subsequently enacted at a regular District meeting held October 20, 1982. I am enclosing a copy of the new rate schedule which will govern charges for water delivered to Kent after the City of Seattle give its approval to the Intertie Agreement. In the event the City of Seattle should increase its demand charge to Water District No. 75, this increase will be passed along directly to all of the District' s customers - including water wholesalers such as yourself. At the time this contract was executed, the Water District No. 75 rate schedules were based on hypothetical usages established for different meter sizes. Paragraph three of the Contract indicates that the water rates to Kent will be based on an 8" meter size as this reflected the best estimate of your likely consumption of water. Subsequent to executing this contract, the new rate schedules adopted by the District were based on actual rather than hypothetical water consumption and thus the City of Kent will be billed by Water District No. 75 based on the actual number of cubic feet of water delivered to Kent. If you have any questions regarding the new rate schedules in effect for Water District No. 75 , Ray Graeber the Water District No. 75 Manager will be happy to discuss them with you in detail. Please accept my apology for my failure to transmit the CARTANO BOTZER LARSON & BIRKHOLZ ATTORNEYS AT LAW 1300 IBM BuiznixG SEATTLE.WASHINGTON 98101 executed Contract to you immediately after it was signed by the Commissioners. The District has been involved in a series of major transactions and this letter to you escaped by attention. The fault is mine and is not shared by the District. Sincerely, CARTANO BOTZER LARSON & BIRKHOLZ Carlyn ' . S iner CJS/krp Enclosures cc: Ray Graeber Greg Botch (Contract enclosure) TABLE 23 1982 WATER RATE SCHEDULE SUMMARY RESIDENTIAL RATE SCHEDULE PER 100 CU. FT. METER AVERAGE RATE PER NO. MINIMUM OVER SIZE CONSUMPTION MINIMUM CU. FT./M). MINIMUM 5/8 0- 3,000 $ 9.00 500 $0.60 COMMERCIAL RATE SCHEDULE 3/4" 0- 3,000 $ 13.00 500 $0.60 1" 3,001- 6,000 36.00 31000 0.60 1-1/2" 6,001- 129000 72.00 6,000 0.60 2" 12,001- 25,000 132.00 121000 0.60 3" 25,001- 50,000 276.00 25,000 0.60 4" 509001 1003,000 525.00 50,000 0.60 6" 100,001- 300,000 1,110.00 100,000 0.60 8" 3009001- 6009000 2,690.00 3009000 0.60 10" 60031001-1,200,000 4,970.00 600,000 0.60 12" 1,200,001-UP 99155.00 1,200,000 0.60 �1 WHOLESALE RATE SCHEDULE OTHER WATER DISTRICTS �l PER 100 �) CU. FT. METER AVERAGE RATE PER MO. MINIMUM OVER SIZE CONSUMPTION (1 M). MIN.) CU. FT./Mo. MINIMUM 4" 509001- 1001000 $ 367.00 50,000 $0.49 6" 1009001- 3009000 765.00 1009000 0.49 8" 300,001- 600,000 1,945.00 300,000 0.49 �I 10" 600,001-1,200,000 3,660.00 6003-000 0.49 12" 1,200,001-UP 6,900.00 1,200,000 0.49 �J 39 �l availability, pressure or volume at any given time. It is understood that if Water District No. 75's water service to the interconnection point is temporarily interrupted for repair; in an emergency; or for any other reason not within the control of the Water District; it is not obliged to provide an alternative source of supply. Water District No. 75 does, however, warrant that it will not, except for reasons such as the foregoing, interrupt the water supply to the interconnection. 6. Term This Agreement, except for the water rate, shall extend to January 1 , 1990, and shall continue indefinitely on an annual basis thereafter unless either of the Parties notifies the other of its intention not to continue this agreement by giving ninety days (90) written notice prior to the end of the first term of this agreement or any extended term thereof. 7-. Miscellaneous Conditions a. Demand monitoring required. Install P.R.V. b. In the event the City of Kent determines to construct a new intertie to the Water District No. 75 utility system, in the area of S. 240th and 35th Ave. S. , the Water District agrees to allow such connection to abandon the existing intertie at S. 242nd St. and Military Rd. S. , and relocate its water meter to the location of.the new intertie. The new intertie shall be constructed at the sole cost and is the sole responsibility of the City. WATER DISTRICT NO. 75, KING COUNTY THE CITY OF KENT BY: BY: -PRESIDENT OF THE BOARD COMMISSIONERS BY: BY: SECRETARY OF THE BOARD OF WATER COMMISSIONERS BY: -COMMISSIONER 0945L-08L