HomeMy WebLinkAbout4.4 Amendment (7)WHOLESALE WATER CONTRACT
4 4 F i. 7- 89
RECEIVED
SEP 8 1989
'J 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 #1 OF CLALLAM COUNTY, a
municipal corporation, hereinafter called the "District
W I T N E S S E T H:
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, commencing May 1,
1989, and continuing until April 30, 1990, or termination upon 30
days' written notice by either party, whichever is earlier.
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. The District shall pay Twenty -Five Cents
($0.25) per 100 cubic feet per month, beginning May 1, 1989,
through April 30, 1990. The amount of water to be delivered and
purchased at said rate shall be limited to 55,000 cubic feet per
day.
Should the District require water in excess of 55,000
cubic feet per day, the rate shall be Thirty -Eight Cents ($0.38)
per 100 cubic feet for all amounts in excess of 55,000 cubic feet
per day.
1
2. Other Conditions.
A. The District agrees to aggressively manage its
water system to reduce the demand on the City's system between
the hours of 9:00 p.m. to 6:00 a.m.
B. The District further agrees to continue to
investigate the use of other sources to supply water to the area
serviced by this contract.
C. In case of emergency, or whenever the public
health, safety,- or the equitable 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.
D. In the event of a water shortage or drought
conditions, the City may restrict the volumes of water delivered
to the District. The District will be notified when a shortage
condition exists and be informed of the limitations that will be
placed on the volumes delivered by the City.
E. The water purchased by the District shall be for
the customers of the areas served by said District east of the
2
City of Port Angeles. The District agrees to notify the City when
any significant increases in its service area are proposed.
F. All water supplied under this contract, after it
passes the point of delivery, shall be the property of the
District, and the City shall not be liable for any loss or damage
to any person or property, whatsoever, resulting directly or
indirectly from the use thereof by the District or its customers,
and the City shall further not be liable for any interruptions in
supply of water to the District or its customers, and 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 any such claim against the City,
including all fees, costs, expenses, and attorney fees incurred
in defending against such claims.
G. The point of delivery of the water shall be at the
present service connection to the District at Gales Addition
Reservoir.
3. It is further specifically agreed that 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.
4. This contract shall terminate on April 30, 1990, or
upon 30 days' written notice by either party, whichever is
earlier.
DATED this 5th day of September 1989.
CITY OF PORT ANGELES
L....— ..1))44-7
Frank McPhee, Mayor Preside
ATTEST: ATTEST:
Michelle M. Maike,
City Clerk
APPR ED AS TO FORM:
Craig D son,
City Attorney
ActingSecretary
PUBLIC UTILITY DISTRICT #1
OF CLALLAM COUNTY
L I1 NnA__ f&tt-e-s