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Home My WebLink AboutRES 0744RESOLUTION NO. 744 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RENTON: SECTION I: The Mayor and City Clerk are authorized and �irect- ed to execute and attest with Seal of the City that certain ';Water Agreement">in the form and content as hereto attached marke d Exhibit "A", same being by this reference incorporated herein and made a part hereof; which latter Agreement provides the terms and conditions under which the City of Renton agrees to furnish water to Water District No. 78 of King County, Washington, fort he period of three years. SECTION 2*. This Resolution is adopted and said Agreement made in contemplation of the fact that Ordinance No. 855 of the City of Renton, and particularly the amendments thereof made by Ordinance No. 1215, in so far as they fix rates for sale of water by the City to persons or districts outside of the City of Renton, are not applicable to the above Agreeme t with Water :District No. 78, uz;nder Which (a) Master Meter is to be furnished by the District, and (b) use of water for irrigation and industrial purposes is excluded by said Agreement with the District. 29f– Passed by the City Council this /d day of 1949. iley ook - City Clerk Approved by the Mayor this day of 1949. �—FederlrAy�.ull c �e�-May�®r� FA WATER A GfE EMENT THIS AGREEMENT, entered into this �� day of August 1949, by and between CITY OF RE NTON, a municipal corporation, hereinafter referred to as the City, and WATER DISTRICT N0* 78, of King County, hereinafter referred toas the District, W I T N E S S E T H: 1. In consideration of the covenants, conditions and terms hereinafter stated, the City agrees to sell water to the District, and the District agrees to buy water from the City, upon the terms and conditions hereinafter set forth, for a period of three (3) years from the date hereof above stated. 2. The District shall at its own expense connect its own water lines to and take delivery from, the City's reservoir (known as Springbrook Water Reservoir) at a point thereat convenient and satisfactory to both parties to be determined by agreement between them. The manner, method and work of connecting thereto shall be such as meets the City's requirements, and be subject to approval by Its Superintendent of Utilities. At a suitable place on the Dis- trict's said main water line from the Reservoir, the District shall furnish and install at its own expense a Master Meter and a shut-off valve of such design, type and construction as will meet the City's requirements as determined by its Utilities Superintendent, adequate to correctly measure the volume of water delivered to and taken by the District from the City. Such Master Meter shall at all times be maintained by the District in such satisfactory operating con- dition, to the satisfaction of the City's Utilities Superintendent, who.shall have the right to inspect, read and test such Master Meter at any time, and torequire immediate correction of any defects or inadequacies therein. 3. This agreement contemplates the sale and purchase of water 4"x h i b i t A �o ��ese1K'f'ieNo. -z5. M in such quantities as may be normally and reasonably required for house- hold use by the householders residing within the limits of the District as now established, who are now or during the term hereof the customers of, and supplied water by, the District for household use, provided the District may sell to consumers living outside the District, but in close proximity thereto. The District shall not use, sell or permit the use of water obtained under this agreement for purposes of irrigation, nor for industrial uses, or any uses other than normal household uses, with- out consent of the City; and such consent at any time given may be revoked by the City at any time. It is understood that certain persons residing in the District are now using water for purposes which might be deemed industrial and the City will permit such present uses being continued by the District. 4. The District shall pay the City monthly for water sold and delivered to the District hereunder on the following basis; a) A minimum charge of $1.25 during each month or fraction thereof for each household unit to which the District may sell or supply such water during each month or fraction thereof. 'For the purposes hereof, normally each dwelling or family to which the District may sell or deliver water shall be deemed one house- hold unit). Said minimum monthly charge per household unit shall entitle the District to deliver to said household unit 800 cu.ft. of water each month or fraction thereof. b) .A further charge of six (6) cents per 100 cu. ft. of water, or major fraction thereof, delivered to any such household unit in any month, in excess of above 800 cu. ft. c) For such quantity of water, if any, as may be sold and deliv- ered to the District in any month, as measured by aforesaid master meter or master meters, for whatever purposes used, which is in excess of the quantities paid for under (a) and (b) above, the District shall pay the City at the rate of six '6) cents per 100 cu. ft. of such excess. Payment for all.water sold and delivered hereunder during any calendar month shall be paid to the Cityls Treasurer on or before the 10th day of each succv ding month during the term hereof.. The District shall be responsible for measuring, metering or otherwise determining quantities of water used, re -sold, or delivered by it to household units under the foregoing in each month, and shall keep records there- of, which records shall be available to inspection by the Cityts Superintendent of Utilities at reasonable times, and monthly if deemed necessary. The City assumes no duty or responsibility for measuringp -2-,,, r .. i J metering, billing or collecting for water used, re -sold or deliver- ed by the District. Except as here"hri otherwise expressly provided or stipulated, this agreement is entered into with reference to, and is in all re- spects subject to the provisions of Ordinance No. 855 of the City of Renton, entitled "An Ordinance relating to the Municipal Water Supply System of the City of Renton, regulating the use of water therefrom, providing for the sale of same, fixing the price thereof, and providing a method of collecting rates therefor, providing penalties for violations of this Ordinance, and repealing all ordinances or parts thereof in conflict herewith", and any amendments thereof heretofore or hereafter adopted; reference being hereby made to such ordinance and amendments as the same are or may be filed of record in the office of the Clerk of the City of Renton; and all provisions thereof, excepting rates and charges ' which may be at variance with the -rates and charges herein stipulated, shall be applicable to and govern this agreement and the furnishing, sale, and delivery of water to the District hereunder; including but not limited to rights and powers by such ordinances reserved to the City to regulate or limit the use of water for sprinkling, and to limit or shut off supply of water when the supply is short. The City shall not be held responsible for any damage by water or other cause resulting from defective plutrbing or appliances on premises supplied with water. In case the supply of water shall be interrupted or shall fail for any reason, the City shall not be held liable for damages, interruptions or failures, nor shall such interruptions or failures for any reasonable period of time be held to constitute a breach of contract or of this agreen_ent. 7. The City reserves the right in event of default in, or non- payment by the District of, charges and rates herein required, re- maining in default more than 30 days, or in event the District violates any of the agreements or limitations hereof or aforesaid ordinances, to discontinue performance hereunder and to shut off -3- 1 a� ' deliveries of water hereunder; all without prejudice to any other rights of the City by reason thereof. 8. The District shall have the right to erect, maintain and operate at a point at or near said Springbrook Reservoir, to be determined by agreement between the District and the City's Utilities Superintendent, a water pump and a moveable pressure tank, and small shed to house the same; and for that purpose to use and occupy during the term of ,this agreement only, an area of land selected as above not exceeding 20 feet square, together with the right to install and maintain necessary pipes connecting the District's water lines to said Reservoir and pump and pressure tank. 9. At expiration of three years from date hereof this agree- ment shall terminate and be of no further effect, unless then ;or sooner extended by agreement of the parties in writing; and on expiration or any sooner termination of this agreement all connect- ions of the District's water lines to the City's Reservoir lines, togetly-- r with aforesaid pump, pressure tank and shed, shall be re- moved at the District's expense. IN WITNESS WHEREOF the parties have caused this agreement to be executed by their officers thereunto duly authorized. CITY OF RENTON, a municipal corporation B �ayr ATTEST: BY _Wj_ i£y Clerk WATTEER� D�IISTRICT No. 78 4� is Com si oners -4-