HomeMy WebLinkAbout4.4 Amendment (8)WHOLESALE WATER CONTRACT
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 thirty -two cents ($0.32) per 100 cubic feet per
month, beginning April 1, 1992. The District shall maintain an average withdrawal rate less
than four hundred gallons per minute (400 gpm). The days when peak withdrawal may exceed
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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 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.
B. The District agrees to continue to investigate and develop other feasible
sources to supply water to the area serviced by this contract. The District shall provide the City
with a report on the status of development of an additional source by September 1, 1992 and at
that time negotiations shall begin for extending this contract.
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.
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
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prior approval of the City when any one or combination of new customers of the District are
projected to increase the District's water usage, which is served by this contract, by two (2)
percent over the flows existing as of April 1, 1992; provided that the District's water use will
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.
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 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
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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 agrees to install at its expense a meter or device, approved
by the City, on the service to physically restrict the rate of flow delivered to the District in
accordance with the provisions of this contract.
I. 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.
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. Termination.
This contract shall terminate April 1, 1993 or upon 60 days written notice by
either party, whichever is earlier.
DATED this 4th day of August 1992.
CITY OF PORT ANGELES
fes D. (Hallett, MAyor
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PUBLIC UTILITY DISTRICT NO.
1 OF CLALLAM COUNTY
President
ATTEST: ATTEST:
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Alecky x .71 Wity5celtukcx Secretary
Dorothy J. McFarland, Deputy City Clerk
APPR 7ED AS TO FORM:
Craig D. kiutson, City Attorney
PUDRATE \CONTRACT. PU5