Water Service Agreement
AGREEMENT
THIS AGREEMENT is entered into this <t!L day of ~. ,2004, by
and between the City of Salina, Kansas (the "City") and Ottawa County Rural Water District
No.2, Ottawa County, Kansas ("the District").
RECITALS
A. By adoption of Ordinance No. 01-10059 published on October 20, 2001, the
governing body annexed into the city limits of the City of Salina that area on either side of North
Ohio Street depicted on the attached and incorporated Exhibit A (the Annexed Area").
B. Prior to annexation, water service in the Annexed Area was provideà by the District.
C. The City desires to assume water service to customers within the Annexed Area.
D. Kansas law (KS.A. 12-527) requires that whenever a city annexes land located within
a rural water district, the city shall negotiate with the district to acquire title to all facilities owned
by the water district and used for the transportation or utilization of water distribution to the
water district benefit units within the area annexed by the city (the "District Facilities").
E. The City and the District wish to enter into this Agreement to provide for assumption
of water service to the Annexed Area, including service to those water customers previously
served by the District; to provide for the acquisition of the District Facilities located within the
Annexed Area and to provide for the use of the proceeds from such acquisition in the relocation
of certain of those District Facilities.
THE PARTIES agree and covenant as follows:
1. Purchase of District Facilities. The City agrees to purchase from the District the
District Facilities located within the Annexed Area for the purchase price of $48,270. The
purchase price shall be paid by th~ City Ü. exchaftge for a bili of saie Írom the District for the
District Facilities within five business days of the execution of this Agryement by both the City
and the District.
2. Responsibility for Water Service. The City assumes responsibility for service to the
existing water customers of the District within the Annexed Area. In addition, upon completion
of the new water main for the District pursuant to paragraph 3, below, the District will abandon
the existing line and as a result, will have no facilities to serve a District water customer located
outside the Annexed Area. The City also agrees to provide water service to that customer. The
City and the District agree to cooperate in the time and manner of transfer of water service to
these customers.
3. Use of Proceeds. The District agrees to apply the purchase price to be paid by the
City for the District Facilities toward payment of the cost of serving its customers by the prompt
relocation of its solenoid control valve vault and installation of a new water main in the location
depicted on Exhibit A (the "Relocated District Facilities").
4. Satisfaction of Obligation. The District acknowledges that upon payment by the
City of the purchase price set forth above the City shall have fully satisfied its statutory
obligation to the District resulting from annexation of the Annexed Area.
5. No Representations. In the course of entering into this Agreement, the City, its
elected officials, and its appointed staff make no representations regarding the nature of nor the
likelihood of success of any applications for actions by any governmental authority or
authorizations by private landowners required in the course of lawfully relocating or installing
the Reiocateå District Facilities.
6. Assignment. This Agreement shall not be assigned by the District without the
advance written consent ofthe City.
7. Binding Effect.
successors and assigns.
This Agreement shall be binding upon the parties and their
WHEREFORE, This Agreement is executed by the duly authorized officers of the City
and the District as of the date and year first written above.
CITY F SALI~: KA~SA~
By (~
onte D. Shadwick, Mayor
~
Lieu Ann Nieol., ~
eJ~J
OTT A W A COUNTY RURAL WATER
DISTRICT NO.2
By /¿~ ~ 1 ;n~..-e
. "~Board Chairman
ATTEST:
~ ~ Jtr [ ü¡ úJ?Y;~'J
Secretary
S:\8. Water Dist\#2 OttawalAgreementslAgreement with City of Salina 8-20-04. wpd