Furnish Water Agreement •
•
•
•
•
• AGREE i•'., E. N. T
•
THIS AGREE;RENT, made the 27th day of September, 1955, .
betweenErnest Oehlert, Bennett E. - Olsson and Robert L.
Marietta, of the first part, and the City of Salina, Kansas ,
of the second part:
WHEREAS ; first parties desire to constrdct. a private
water line in the easement granted for that purpose by the
County Commissioners of Saline County, Kansas in Eastborough
• Addition, a sub-division, in Greeley Township, Saline County,
Kansas ;
WHEREAS , the City of Salina is willing tb "furnish water
through said private water line ;
WHEREAS; first parties desire to protect- themselves in
the financing, cost and construction of said private water
line against any adjoining -land- owner failing to pay, a proper •
charge before using water fron said line;
Now, . it is hereby agreed as follows :
First parties plan to construct and pay for a six inch
• water line to be placed in the easement granted for this
purpose by the County Commissioners of Saline County, Kansas
in Eastborough Addition, a sub-division;' in Greeley Town-
ship, Saline County, itante, -,Wid7COotruction to be in
accordance to existing or provided specifications of the
City of Salina,
The seco,ndtparty' willsuppiya�;ater^ fit all times o and
through said private-water line , make all taps into said
• - 1'ne-zra- provide _ae.paL&te ,meters_fgr_all_ users ,
No taps will -be madeand 'no water' supplied by second party
into said private water line for the use and benefit of anyone
not a party to this agreement unless the party requesting
service shall- have a written approval therefor from first parties ,
first parties will not refuse such approval if the following
charges are paid; to be paid pro rata for differentials between
one half and a full lot .
The charge for connecting to said private water line
shall be $450.00 for each one half -lot or $900.00 for each
•
full lot plus interest at the rate of six per cent (6%) per
annum from November .1 , 1955 up to the time payment is made
to connect to said private Water line . All payments hereunder
shall be made to first parties or their successors or assigns .
If at any time it is ascertained that water is being supp-
lied to any property for which the charge for connection has
not been paid, the second party will immediately discontinue
such service upon being notified thereof,
_Hates established •by ordinance by 'second party from
time to time for tapping or service will be paid by the
separate owners severally and rates prescribed for rural
consumers shall apply until the area , if ever, is incorpor-
ated in the City of Salina, Kansas,
•
•
•
•
• -1-
•
•
If the said Eastborough Addition is ever incorporated
within the corporate limits of the City of Salina, it is
understood and agreed that the said six inch water line will
then become the sole property of the City of Salina and shall
be -subject to such use as the City desires except that no new
connections will be made into said line for properties now
next adjacent thereto except in accordance with the -terms of
this agreement and the charges aforesaid shall not apply in
the event the line is at any time extended from the terminus
contemplated by this agreement in so far as such additional
property is concerned.
shall bind time _parties hereto their._
respective heirs , administrators , executors; successors'
and assigns .
IN WITNESS WHEREOF, the first parties hereto have set
their hand the day and year first above written. The second
party has hereunto caused the common seal of the 'City of
Salina to be affixed on the day and year. fist. above written.
•
FIRST PARTIES
•
By order of the Board of Commissi hers- of. the City of -
'Saline, Kansas the foregoing agreement is hereby approved .
- this 27th day of September, 1955.
"\ CHAIRMAN OF THE BOARD OF COi.`:i$ISSllONERS
- •
"• /ttiEST: ::
7 i iy 'lerk
City AtLorney r.< .•
•
t`
V .. .
•
•
•
•
•
•
7 , '