Consent to Annex - Water AGREEMENT
This agreement made this 13th day of January , 19 70 ,
by and between the Coleman Company of the first part,hereinafter referred
to as "Company" and the City of Salina, Kansas, of the second part,~herein-
after referred to as "City".
WITNESSET~:
WHEREAS, the City operates a municipal water works and sewerage system
as a utility;
WHEREAS, the Company is the owner of real estate located in Plat of
Industrial Area in Section l, Township 15 South, Range 3 West, West of the
6th PI,l, Saline County, Kansas, more particularly discribed as follo~;s:
Lots 13 and 14 of Block 1, South Industrial Area.
WHEREAS, in order to provide water for the non residential use made of
said real estate, the parties enter into this agreement.
NOW THEREFORE, for and in consideration of the mutual promises and
the performances thereof by the parties hereto it is agreed as follows:
-(1) The City s'hall construct an 8-inch water main beginning at the
present 8-inch main on the Northeast corner of Lot 2, Block 2, South
Industrial Area, thence North 300-feet, thence West ~,800-feet and ending,
for which the Company agrees to pay its pro rata share. The amount to be
paid by the Company shall be based on the cost of installing a 6-inch water
line based on the area served by the 8-inch water line located between the
Union Pacific Railroad tracks and U. S. Highway 81, and as defined above
and shown in more detail by the attached map.
(2) The Company shall pay the City a connection charge based on
$100.00 per acre or a total of $1,000.00, payable to the City Clerk prior
to awarding of construction contract. Description of area to be served
is defined above and shown in more detail by the attached map.
(3) The owner of the distribution line shall be the City.
(4) The said water line~ shall be installed pursuant to complete
plans and specifications which will be supplied by the City and approved
by the Company and the City.
-2-
(5) City agrees to provide the Company ~.~ith the necessary water meter
for which the Corn. party agrees to post a cash deposit with the City which shall
be equal to the City's cost for the meter. The deposit shall be refunded to
the Company upon return of the meter to the City in proper operating condition;
provided, ho,,~evelT, that in the event the premises served by thisapplication
are annexed into the corporate limits of the City within t,,~o years following
the date of this agreement said deposit shall be refunded to the Company.
(6) Company agrees to pay all expenses connected with the installation
of said meter which meter shall be installed at a location to be designated
by the City and in accordance with specifications and reouirements of all
existing City ordinances or amendments thereto.
(7) Company agrees that any plumbing no;.~ existing or to be installed
on the above premises will comply with all ordinances of the City and shall
be subject to inspection by the City prior to connection with water main.
Cost of inspection to be paid by Company. Company grants the City and its
duly authorized employees or agents the right to inspect said premises at
all reasonable times to determine compliance with this agreement and City
ordinances pertaining to water service.
(8) Company shall be responsible for maintenance and care of water
meter as provided in City ordinances.
(9) City reserves the right to curtail or terminate water service in
the event of unforeseen emergency or disaster and assumes no responsibility
fo.r damage resulting from variance in water pressure or volume.
(10) Water service authorized by this agreement shall be used only
for purpose of supplying water to existing structures located upon the
area defined on Page 1 and shown in more detail by the attached map, and
no additional connections may be made thereto without the written consent
of the City. If any unauthorized connections are made, City shall immediately
discontinue service.
(ll) A new application must be made and approved by the City for any
change in ownership of the property, or in tenancy, or in the service as
described in the application , and City shall have the right to discontinue
the water supply until such ne~ application is made and approved.
(12) Company shall not connect the City ~.~ater supply with its ot~n
water supply or to any other system ~..,hich would permit water from any other
-3-
source to be countermingled uith the City ;~ater supply.
(13) All billings and collections shall be pursuant to City ordinances
now in effect or as hereafter amended.
(14) Company agrees t~iat it will not protest annexation into the City
at any time the City Commissio'n ma? determin'e it in the best interest of the
City to annex said property.
This agreement shall be binding upon and extend to the successors and
assigns of the parties hereto.
CITY OF SALINA, KANSAS
COLE~AN COMPA~tY
Contract
Tap
Final plumbing inspection compl'eted and approved , 19
Plumbing Inspector