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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 , '