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HomeMy WebLinkAboutCAG1983-001 - Original - King County Water District #111 - Sale of Water by the City to the District - 11/21/1983 AGREEMENT FOR THE SALE OF WATER BY THE CITY OF KENT TO KING COUNTY WATER DISTRICT #111 Thi s Agreement made and entered i nto thi s D.10t, day of `iL,•..- 1983, by the CITY OF KENT, a municipal corporation of the State of Washington, here- inafter called "THE CITY," and KING COUNTY WATER DISTRICT N0. 111 , a municipal corporation of the State of Washington, hereinafter called "THE DISTRICT." WITNESSETH: WHEREAS, the parties desire to enter into a contract providing for the sale of water by THE CITY to THE DISTRICT, NOW, THEREFORE, IT IS AGREED AS FOLLOWS: (1 ) Term of Contract. The effective date of this AGREEMENT shall be December 1 , 1983. The contract shall be for a one (1 ) year period. (2) Rates. THE DISTRICT shall pay to THE CITY for all water delivered at a rate of $0.68 cents per 100 cubic feet except during the period of and including June 1 through August 31 . During said period, THE DISTRICT shall pay to THE CITY for all water delivered at a rate of $1 .59 cents per 100 cubic feet. (3) Metering Equipment. THE CITY shall own and maintain an appropriate metering device to measure the water flowing from THE CITY's system to THE DISTRICT's system at every service connection point. (4) Meter Charge. A monthly demand charge of twenty-one dollars and five cents ($21 .05) for each 6-inch meter and twenty-eight dollars and five cents ($28.05) for each 8-inch meter shall be paid by THE DISTRICT. (5) Point of Delivery. The water to be supplied by THE CITY under the provi- sions hereof shall be delivered to THE DISTRICT at the following four loca- tions at whatever pressure may be available. Meter Size Location 6" 124th Avenue S.E. & S.E. 282nd Street 6" 124th Avenue S.E. & S.E. 277th Street 6" 256th Street S.E. & approximately 470 feet east of 124th Avenue S.E. 8" SR 516 (Kent-Kangley) & 150th Place S.E. (6) Priority and Continuity of Service. Continuity of service to THE DISTRICT shall be maintained by THE CITY to the extent feasible in the same manner as service to THE CITY' s own residences and other consumers served directly by it. THE CITY is not obligated, however, to maintain any desig- nated water surface level in THE DISTRICT's 150,000 gallon reservoir. Main- tenance of said level shall be THE DISTRICT' s sole responsibility. In the event of a general emergency or water shortage requiring restrictions on the delivery of water, THE CITY shall have the right to restrict service to THE DISTRICT. No greater restrictions, however, shall be placed upon deliveries to THE DISTRICT than are placed upon deliveries to similar classes of consumers served directly by THE CITY. THE CITY may temporarily interrupt or reduce deliveries of water to THE DISTRICT if THE CITY determines that such interruption or reduction is - 2 - necessary or reasonable in case of system breakdowns or in order to install equipment and make repairs, replacements, investigations and inspection of, or perform other maintenance work on THE CITY's water system or those parts thereof supplying THE DISTRICT. Except in cases of emergency and in order that THE DISTRICT' s operations will not be unreasonably interfered with, THE CITY shall give THE DISTRICT reasonable notice of any such interruption or reduction, the reason therefore, and the probable duration thereof. (7) Payments. THE CITY shall read the meter or meters once each month at approximately thirty (30) day intervals. It is recognized the THE DISTRICT can make payment only upon claim processed through the County Treasurer and payment shall be made by THE DISTRICT as soon as possible after receipt of statement from THE CITY, and in any event, not later than the tenth (loth) of the second month following the presentation of the bill . In the event the meter or meters shall fail to register, or obviously register incorrectly, the amount of water delivered through said meter or meters shall be estimated on the basis of the meter readings for the same month, or months during the preceding year, when said meter or meters were properly functioning. (8) Penalties for Late Payment. THE CITY may assess a late charge on THE DISTRICT for failure to comply with the provisions in Section (7). This charge shall be twelve percent (12%) per year or the maximum amount permiss- able by law. In the event that THE DISTRICT should fail to make any payment to THE CITY for a period of sixty (60) days after the same becomes due, THE CITY shall have the right to terminate further water services until such delinquency is cured. - 3 - (9) Access to Facilities and Records. Each party shall be entitled to inspect the facilities of the other at any reasonable time. Both parties agree to make mutually available such information or records as are at their disposal and as may be reasonably necessary to properly implement any section of this contract. (10) Non-Assignability. Neither this contract nor any interest therein shall be transferred or assigned by THE DISTRICT without prior written consent of THE CITY. (11 ) Water Quality. The quality of water delivered under this AGREEMENT shall be subject to applicable provisions of State and Federal law and rules and regulations of the appropriate State agency governing water quality, and subject also to applicable provisions of THE CITY ordinances relating thereto and not inconsistent herewith. THE CITY agrees to deliver water which shall be of no less quality than is delivered to its customers throughout THE CITY service area. IN WITNESS WHEREOF the parties hereunto set their hands the day and year first above written. KING COUNTY W TER DI T CT NO. 111 By e�i nt ommi ssi over By ommission r By ommissioner - 4 - ATTEST: Secretary, Board of Commissioners CITY OF NT Q By ..cam Mayor ATTEST: City Cle r 15:/, 0155E-51A - 5 -