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HomeMy WebLinkAbout4.4 Amendment (11)This amendment to the Wholesale Water Contract dated January 9, 1995, is made and entered into by and between the City of Port Angeles, a municipal corporation, hereinafter called the "City", and the Public Utility District No. 1 of Clallam County, a municipal corporation, hereinafter called the "District." Whereas, the City and the District are parties to a wholesale water contract, which as last amended is in effect until December 31, 2001; and Whereas, the City and the District have agreed to increase the wholesale water rates and to extend the wholesale water contract through December 31, 2002; Now, Therefore, the City and the District hereby agree that the Wholesale Water Contract dated January 9, 1995, shall be amended as follows: 1. Paragraph 1. Rates and Water Use Limits is hereby amended to read as follows: A. The District shall pay eighty-nine cents ($0.89) per 100 cubic feet, beginning with the billing cycle starting December 27, 2001, and ending December 26, 2002, at the Gales Addition Reservoir. The City has set the maximum withdrawal rate at 500 gpm 10 gpm) through the meter at the Reservoir. No adjustments or changes to the existing withdrawal rate can be made without approval of the City's Director of Public Works and Utilities. If the meter requires servicing and is taken off -line by the City the billing shall be pro -rated or computed. B. The District shall pay eighty-five cents ($0.85) per 100 cubic feet, beginning with the billing cycle starting December 27, 2001 and ending December 26, 2002 for lower zone purchases at Baker Street. C. The City shall have the option to annually adjust the rate for the future billing cycles consistent with its cost of service studies. 2. Paragraph 4. Termination is hereby amended to read as follows: This contract shall terminate on December 31, 2002, or upon 60 days written notice by either party, whichever is earlier. CIT OF PORT ELE A Gtr Larry D e Ma r /7 ATTEST: APPROVED AS TO FORM: A4 /l. `-4,__ Craig'D. Kniisafl City Attorney SIXTH AMENDMENT TO WHOLESALE WATER CONTRACT DATED this ,5411- day of Q t1 4 4 j)©/ 1 PUBLIC UTILITY DIS T NO. 1 Pre ATTE 'Secretary' OF CLALL ff •UN N Agree- Contract\PUDWaterContract6th wpd November 15, 2001 (2:14pm) <I.4 This amendment to the Wholesale Water Contract dated January 9, 1995, is made and entered into by and between the City of Port Angeles, a municipal corporation, hereinafter called the "City", and the Public Utility District No. 1 of Clallam County, a municipal corporation, hereinafter called the "District." Whereas, the City and the District are parties to a wholesale water contract, which as last amended is in effect until December 31, 2000; and Whereas, the City and the District have agreed to increase the wholesale water rates and to extend the wholesale water contract through December 31, 2001; Now, Therefore, the City and the District hereby agree that the Wholesale Water Contract dated January 9, 1995, shall be amended as follows: 1. Paragraph 1. Rates and Water Use Limits is hereby amended to read as follows: A. The District shall pay eighty-three cents ($0.83) per 100 cubic feet, beginning with the billing cycle starting December 24, 2000, and ending December 23, 2001, at the Gales Addition Reservoir. The City has set the maximum withdrawal rate at 500 gpm 10 gpm) through the meter at the Reservoir. No adjustments or changes to the existing withdrawal rate can be made without approval of the City's Public Works Director. If the meter requires servicing and is taken off -line by the City the billing shall be pro -rated or computed B. The District shall pay seventy-nine cents ($0.79) per 100 cubic feet, beginning with the billing cycle starting December 24, 2000 and ending December 23, 2001 for lower zone purchases at Baker Street. C. The City shall have the option to annually adjust the rate for the future billing cycles consistent with its cost of service studies. 2. Paragraph 4. Termination is hereby amended to read as follows: This contract shall terminate on December 31, 2001, or upon 60 days written notice by either party, whichever is earlier. DATED this oZ l'=it day of ATTEST: Becky J. U4ni ity Cle APPR9VJiD AS TO FORM: FIFTH AMENDMENT TO WHOLESALE WATER CONTRACT F \AGREEMENTS &CONTRACTS\PUD -WATER CON wpd Craig D. Knon,'ity Attorney November 16, 2000 (8 47am) 1 PUBLIC UTILITY DISTRICT NO. 1 OF CLALLAM COUNTY President D ATTEST: Secretary 4 AMENDMENT TO WHOLESALE WATER CONTRACT This amendment to the Wholesale Water Contract dated January 9, 1995, is made and entered into by and between the City of Port Angeles, a municipal corporation, hereinafter called the "City and the Public Utility District No. 1 of Clallam County, a municipal corporation, hereinafter called the "District." Whereas, the City and the District are parties to a wholesale water contract, which as last amended was in effect until December 31, 1999; and Whereas, the City and the District have entered into a separate intergovernmental memorandum of understanding, in which they have agreed to investigate opportunities for cooperative and coordinated local area utility planning and operation; and Whereas, the City and the District have agreed to extend the wholesale water contract through December 31, 2000; Now, Therefore, the City and the District hereby agree that the Wholesale Water Contract dated January 9, 1995, shall be amended as follows. 1 Paragraph 1. Rates and Water Use Limits is hereby amended to read as follows: A. The District shall pay seventy -seven cents ($0.77) per 100 cubic feet, beginning with the billing cycle starting December 24, 1999, and ending December 23, 2000, at the Gales Addition Reservoir. The City has set the withdrawal rate at 500 gpm 10 gpm) through the meter at the Reservoir. No adjustments or changes to the existing configuration can be made without amendment to this contract, except that if the meter requires servicing and is taken off -line by the City for a period not to exceed 30 days, the billing shall be pro- rated. B The District shall pay seventy -three cents ($0.73) per 100 cubic feet, beginning with the billing cycle starting December 24, 1999 and ending December 23, 2000 for lower zone purchases at Baker Street. C. The City shall have the option to annually adjust the rate for the future billing cycles consistent with its cost of service studies. 2. Paragraph 2. Other Conditions, paragraphs J and K are hereby amended to read as follows J. The City has provided an interconnection north of Highway 101 opposite DelGuzzi Drive. K. The District has provided a meter installation along Baker Street north of Highway 101. 3. Paragraph 4. Termination is hereby amended to read as follows: 1 This contract shall terminate on December 31, 2000, or upon 60 days written notice by either party, whichever is earlier DATED this IPA— day o CITY OF PORT ANGELES Larry D` yie, Mayer" ATTEST: Becky Upt4 Cif /Clerk APPROk ED AS TO FORM: Ado Craig D. Knutson, City Attorney A \PUD CON 2 UBLIC UTILITY DISTRICT NO. 1 OF CLALLAM COUNTY President ATT T: Secretary j eit_g„. This amendment to the Wholesale Water Contract dated January 9, 1995, is made and entered into by and between the City of Port Angeles, a municipal corporation, hereinafter called the "City and the Public Utility District No. 1 of Clallam County, a municipal corporation, hereinafter called the "District." Whereas, the City and the District are parties to a wholesale water contract, which was originally in effect until January 9, 1998, and was subsequently extended by a contract amendment to August 23, 1999; and Whereas, the City and the District have agreed to extend the wholesale water contract through December 31, 1999, Now, Therefore, the City and the District hereby agree that the Wholesale Water Contract dated January 9, 1995, shall be amended as follows: 1. Paragraph 4 Termination is hereby amended to read as follows: This contract shall terminate on December 31, 1999, or upon 60 days written notice by either party, whichever is earlier. A \APUD CON DATED this _toll-- day of April, 1999. CITY OF PORT ANGELES Gary Ltraun, 1Myor ATTEST: APPRQ'YED AS TO FORM: Craig D. Kitson, City Attorney AMENDMENT TO WHOLESALE WATER CONTRACT 1 PUBLIC UTILITY DISTRICT NO 1 OF CLALLAM COUNTY 1 President ATTEST. Secretary AMENDMENT TO WHOLESALE WATER CONTRACT P s• T AUG 0 19 This amendment to the Wholesale Water Contract dated January 9, 1995, is made and entered into by and between the City of Port Angeles, a municipal corporation, hereinafter called the "City and the Public Utility District No. 1 of Clallam County, a municipal corporation, hereinafter called the "District." Whereas, the City and the District are parties to a wholesale water contract, which was originally in effect until January 9, 1998; and Whereas, the City and the District have entered into a separate intergovernmental memorandum of understanding, in which they have agreed to investigate opportunities for cooperative and coordinated local area utility planning and operation, and Whereas, the City and the District have agreed to extend the wholesale water contract through August, 1999; Now, Therefore, the City and the District hereby agree that the Wholesale Water Contract dated January 9, 1995, shall be amended as follows: 1. Paragraph 1. Rates and Water Use Limits is hereby amended to read as follows: A. The District shall pay seventy -one cents ($0.71) per 100 cubic feet per month, beginning with the billing cycle starting August 24, 1998, and ending August 23, 1999, at the Gales Addition Reservoir. The District shall strive to maintain an average withdrawal rate less than four hundred gallons per minute (400 gpm). The days when peak withdrawal may exceed four hundred gallons per minute (400 gpm) shall be limited to six (6) days per year and at no time shall the District use water at a rate greater than six hundred gallons per minute (600 gpm). B. The District shall pay sixty -eight cents ($0.68) per 100 cubic feet, beginning with the billing cycle starting August 24, 1998 and ending August 23, 1999 for lower zone purchases at Baker Street. C. The District agrees to inform the City, within twenty -four (24) hours, whenever its withdrawal rate at Gales Addition exceeds four hundred gallons per minute (400 gpm). D. The City shall have the option to annually adjust the rate for the future billing cycles consistent with its cost of service studies 2. Paragraph 2. Other Conditions paragraphs J and K are hereby amended to read as follows: J. The City has provided an interconnection north of Highway 101 opposite DelGuzzi Drive. K. The District has provided a meter installation along Baker Street north of Highway 101. 1 3. Paragraph 4. Termination is hereby amended to read as follows: This contract shall terminate on August 23, 1999, or upon 60 days written notice by either party, whichever is earlier. CITY OF PORT ANGELES DATED this _4d- day of August, 1998. ATTEST: Becky Upto .l Clerk APPRO'V'ED AS TO FORM: )6 Craig D. Inutson, City Attorney A SPUD CON 2 PUBLIC UTILITY DISTRICT NO. 1 OF CLALLAM COUNTY President AMENDMENT TO WHOLESALE WATER CONTRACT This amendment to the Wholesale Water Contract dated January 9, 1995 is made and entered into by and between the City of Port Angeles, a municipal corporation, hereinafter called the "City and the Public Utility District No. 1 of Clallam County, a municipal corporation, hereinafter called the "District." Whereas, the City and the District are parties to a wholesale water contract, which is in effect until January 9, 1998; and Whereas, the City and the District have entered into a separate intergovernmental memorandum of understanding, in which they have agreed to investigate opportunities for cooperative and coordinated local area utility planning and operation; and Whereas, the City and the District have agreed to extend the wholesale water contract for eight months through August, 1998; Now, Therefore, the City and the District hereby agree that the Wholesale Water Contract dated January 9, 1995 shall be amended as follows: 1. Paragraph 1. Rates aryl Water Uae Limits is hereby amended to read as follows: A. The District shall pay forty ccnts ($0.40) sixty -seven cents (50.71 per 100 cubic feet per month, beginning with the billing cycle starting August 24, 19947 and ending August 23, 1995-8 at the Gales Addition Reservoir. The District shall pay sixty -four cents (O per loo cubic feet. beginning with the billing cycle starting August 24. 1997 and ending Augus 23. 199A for lower zone purchases at DelGuzzi Drive_, The District shall strive to maintain an average withdrawal rate less than four hundred gallons per minute (400 gpm). The days when peak withdrawal may exceed four hundred gallons per minute (400 gpm) shall be limited to six (6) days per year and at no time shall the District use water at a rate greater than six hundred gallons per minute (600 gpm). B. The City shall have the option to annually adjust the rate for the future billing cycles of August 24, 1995 to August 23, 1996 and August 24, 1996 to August 23, 1997 consistent with its cost of service studies. [The current projects for these two billing cycles i are for a 20o and 15 increase over the previous year's rate.] C. The District agrees to inform the City, within twenty -four (24) hours, whenever its withdrawal rate exceeds four hundred gallons per minute (400 gpm). 2. Paragraph 2. Other Conditions is hereby amended by adding the following conditions: 1T. The City shall jovide an interconnection north of Highway 101 opposite DelQuzzi Drive. The District shell nrovide. subject to successful pressure testing. a meter installation along Baker Street north of Highway 101. 4. Paragraph 4. Termination is hereby amended to read as follows: This contract shall terminate thrcc (3) after signature by the e C y below oil Auat 23. 1998 or upon 60 days written notice by ither party, whichever is earlier. DATED this fq L day of August, 1997. TY OF PO'' ANGELES osper Ostro i, Mayor ATTEST: .Aa0 1 Becky Uptn, /C ity 'Clerk A. \PUDWATR.CDW APPRO3T,ED AS TO FORM: Craig Knutson, City Attorney 2 PUBLIC UTILITY DISTRICT NO. 1 OF CLALLAM COUNTY President WHOLESALE WATER CONTRACT RECEIVED DEC 20 1994 PU D No 1 THIS CONTRACT, made and entered into by and between the CITY OF PORT ANGELES, a municipal corporation, hereinafter called the "City and the PUBLIC UTILITY DISTRICT NO. 1 OF CLALLAM COUNTY, a municipal corporation, hereinafter called the "District "WITNESSETH" WHEREAS, there has been in existence between the City and the District a Wholesale Water Contract, and the parties hereto desire to continue said contractual relationship and to extend the sale of water by the City to the District as set forth herein; and WHEREAS, the City and the District realize certain mutual benefits from cooperative efforts in the operation and maintenance of their respective water systems and desires to cooperate in planning for the future supply of their customers; and WHEREAS, the City's policy is that the City's primary obligation is to supply water to current and future City residents and businesses and that the District's purchase of City water is subservient thereto; NOW, THEREFORE, the City agrees to deliver and sell to the District, and the District agrees to buy from the City, wholesale water under the following provisions: 1. Rates and Water Use Limits. A. The District shall pay forty cents ($0.40) per 100 cubic feet per month, beginning with the billing cycle starting August 24, 1994 and ending August 23, 1995. The District shall strive to maintain an average withdrawal rate less than four hundred gallons per minute (400 gpm). The days when peak withdrawal may exceed four hundred gallons per minute (400 gpm) shall be limited to six (6) days per year and at no time shall the District use water at a rate greater than six —1— hundred gallons per minute (600 gpm). B. The City shall have the option to annually adjust the rate for the future billing cycles of August 24, 1995 to August 23, 1996 and August 24, 1996 to August 23, 1997 consistent with its cost of service studies. [The current projections for these two billing cycles are for a 20% and 15% increase over the previous years rate.] C. The District agrees to inform the City, within twenty -four (24) hours, whenever its withdrawal rate exceeds four hundred gallons per minute (400 gpm). 2. Other Conditions. A. The District agrees to manage its water system to stabilize demand on the City's system. In the event of water supply or capacity problems, the District agrees to develop, in cooperation with the City, and deliver a targeted conservation message to the affected District customers. B. The District agrees to continue to investigate and develop other feasible sources to supply water to the area serviced by this contract, in accordance with the joint plan for the urban growth area. This joint plan shall provide for the District and the City to jointly participate in City water system capital improvement projects of mutual benefit. C. In case of emergency, water shortage, or whenever the public health, safety, or the distribution of water so demands, the City may reduce or limit the time for, or temporarily discontinue, delivery of water to the District. Water delivery may also be temporarily interrupted for the purposes of making repairs, extension, or doing other necessary work. Before altering the delivery of water to the District, the City will attempt to notify the District, in advance, of any changing, reducing, limiting, or interruption of service. The City, however, shall not be responsible for any damage resulting from interruption, change, or failure of the water supply system. —2— D. The water purchased by the District shall be for the customers of the areas served by said District easterly of the City of Port Angeles. The District agrees to obtain the prior approval of the City when any one or combination of new customers of the District are projected to increase the District's monthly water usage, which is served by this contract, by two (2) percent over the monthly usage measured as 2.387 million cubic feet; provided that the District's water use shall continue to be governed by the limits set forth in paragraph 1 above. The City agrees to inform the District of any significant new customers that request service inside the City within the area that is serviced by this contract. The City's policy shall be that all new and existing customers inside the City have priority over the District for use of City water and that the City may, at its sole discretion, reduce the delivery of water to the District in order to better supply City customers or may terminate this Contract upon 60 days written notice as set forth in paragraph 4 below. The City reserves the right to install flow restriction devices on the PUD service line to restrict the flow available to a range of 400 gpm to 600 gpm, if the City determines that flow restriction is necessary to preserve reliable service for city customers. E. All water supplied under this contract, after it passes the point of delivery at the present service connection at the Gales Addition reservoir, shall be the property of the District. The District shall be responsible for all monitoring and reporting requirements to comply with the Safe Drinking Water Act. F. The City shall not be liable for any loss or damage to any person or property, whatsoever, resulting directly or indirectly from the use by the District or its customers of the water supplied under this contract, and the City shall further not be liable for any interruptions in supply of water to the District or its customers. The District agrees to indemnify the City for, and save it harmless from, all losses or damages which the City may suffer or incur by reason of the assertion of -3- any such claim against the City, including all fees, costs, expenses, and attorney fees incurred in defending against such claims. G. The District agrees to allow the City to use access roads and the District's bridge across Morse Creek for access to City facilities However, the bridge across Morse Creek may be removed if structurally unsound. The District will maintain three -phase electric lines for potential service to the City's Elwha River pump station. H. The District and the City agree to jointly participate in the development of a cooperative water supply plan for the area within the Urban Service Area between the east City Limits and Morse Creek. Each party shall use its best efforts to ensure that such plan shall be completed by August 1, 1995. I. The City and the District agree to investigate an additional point of delivery of water to the PUD from the City water system. If this additional point of delivery is found through engineering study to be of mutual benefit to both agencies, then the such point of delivery shall be acceptable under this contract. The City and the District shall confirm the engineering mutual benefits through signatures of the Director of Public Works for the City and the PUD Manager. 3. Payment Billings for services rendered shall be paid by the District monthly, and in the event the District fails to receive a monthly billing, such failure shall not release the District from liability for payment. The billing, payment, and collection of this contract shall be as specified in the City's Utility Accounts Ordinance, Chapter 13.16 of the Port Angeles Municipal Code. The District shall provide the monthly meter readings to the City for billing purposes. -4- f i 4. Termination This contract shall terminate three (3) years after signature by the City below or upon 60 days written notice by either party, whichever is earlier. DATED this q t day of CITY OF PORT ANGELES ATTEST: Becky Upt APPROVED AS TO FORM: Craig D. Kn1utson, City Attorney PUDRATE \94fma1 agm Sargent, Mayor 1/i Chi Clerk 5 199 PUBLIC UTILITY DISTRICT NO. 1 OF CLALLAM COUNTY President ATTEST: `Secretary