6.2 Agr Annex Golden Acres CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TJME
06/03/96 4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. 6 AGENDA:
Engineering & Utilities
ITEM ~
NO. 2
BY: Don Hoff ' ~ BY:
Item
Consideration of an agreement between the City oF Salina and Salina Engine Supply,
Inc. for water service.
~ck~rouqd
Salina Engine Supply, Inc. has expressed interest in connecting to a city water
line. The firm is located outside of our current city limits. Our standard
document, entitled "Water Connection Agreement and Consent to Future Annexation"
was prepared and sent to the company. Their representatives reviewed and signed the
attached agreement. The agreement contains provisions which address backflow
protection; installation costs; metering requirements; termination of services'
changes 'in ownership; use restrictions; etc.
Also in consideration of allowing Salina Engine Supply, Inc. to connec~ to a city
water line, the agreement includes a provision consenting to annexation of the
property being served if the City Commission determines it to be in the best
interest of the City to annex their property. This consent to annexation runs with
the propert,y and is binding upon subsequent owners.
Our current policy allows the extension of utility services to industrial firms
located outside our city 'limits but prohibits the extension of services to new
residential and commercial uses located outside the city limits.
Salina Engine Supply, Inc. is classified as an industrial firm. Therefore, this
agreement with would be in conformance with our current policy relating to utility
extensions for firms located outside the city limits.
Recommendation
We, 'therefore, recommend the City Commission approve the attached agreement between
the City of' Salina and Salina Engine Supply, Inc. for a water connection and consent
to future annexation.
Attachment' Water Connection Agreement and Consent to Future Annexation
WATER CONNECTION AGREEMENT
AND CONSENT TO FUTURE ANNEXATION
(OUTSIDE CITY LIMITS)
THIS AGREEMENT, made and entered into this ~ day of
, 1996, by and between the City of Salina, Kansas,
hereinafter referred to as the "City", and Salina Engine Supply, Inc.
hereinafter referred to as the "Consumer".
WITNESSETH:
In consideration of the payments herein provided and the mutual
covenants and agreement herein contained, the parties hereto do hereby
mutually promise and agree as follows.
Consumer hereby requests permission to make connection with the City
water main and the City agrees to furnish water service to the following
described property, to-wit:
A tract of land in the Southwest Quarter (SW1/4) of Section Six
(6), Township Fourteen (14) South, Range Two (2) West of the 6th
P.M., Saline County, Kansas, more particularly described as
follows: Beginning at a point 398 feet South and 74.81 feet
East of the Northwest corner of the SW1/4 of said Section;
thence N89°39'30"E a distance of 439.83 feet; thence NOO°OO'OO"E
a distance of 2.5 feet; thence N89°39'30"E a distance of 143.06
feet; thence SOO°OO'OO"E a distance of 304.71 feet; thence S89°
39'30"W a distance of 597.7 feet; thence NOO°OO'OO"E a distance
of 99.61 feet; thence NO4°10'42"E a distance of 203.23 feet to
the point of beginning. The above described real estate
constitutes part of Lots 2, 3, and 4, Golden Acres Addition to
Saline County, Kansas.
under the following terms and conditions, to-wit:
1. That Consumer shall fund and maintain all water lines required
to serve the above described property and the Consumer shall own all
said water lines, valves, etc. installed by Consumer.
2. That City agrees to provide the Consumer with the necessary
water meter. The Consumer agrees to post a cash deposit with the
City, which shall be equal to the City's cost for the meter. The
WATER CONNECTION AGREEMENT
AND CONSENT TO FUTURE ANNEXATION
(OUTSIDE CITY LIMITS)
PAGE TWO
deposit shall be refunded to the Consumer upon return of the meter to
the City in proper operating condition; provided, however, that in
the event the property served by this agreement is annexed into the
corporate limits of the City within two (2) years following the date
of this agreement said deposit shall be refunded to the Consumer.
3. That Consumer agrees to pay all expenses connected with the
installation of said meter. The meter shall be installed at a
location to be designated by the City and in accordance with the
specifications and requirements of all existing City ordinances or
policies.
4. That Consumer shall be responsible for damages to said water
meter as provided in the City ordinances.
5. That the Consumer grants the City and its duly authorized
employees or agents the right to inspect their premises at all
reasonable times to determine compliance with this agreement and the
City ordinances now in effect or hereinafter amended pertaining to
water service.
6. That water service authorized by this agreement shall be used
only for the purpose of serving industrial uses within the above
described property.
7. That the City reserves the right to curtail or terminate water
service in the event of unforeseen emergency or disaster. The City
assumes no responsibility for damage resulting from variance in water
pressure or volume.
8. That a new application for water service must be made for any
change fn tenancy of the above described property, or in the service
as described in this agreement, and the City shall have the right to
discontinue the water supply until new application is made and
approved.
9. That Consumer shall not connect the City water supply with their
own water supply or to any other system which would permit water from
any other source to be commingled with the City water supply.
WATER CONNECTION AGREEMENT
AND CONSENT TO FUTURE ANNEXATION
(OUTISDE CITY LIMITS)
PAGE THREE
10. That Consumer agrees to furnish and pay all expenses connected
with the installation of a backflow preventer which shall be
installed at a location to be designated by the City and in
accordance with the specifications and requirements of the Director
of Utilities.
11. All billings and collections for water service shall be pursuant
to City ordinances now in effect or as hereinafter amended.
12. The Consumer agrees to pay the City a connection fee of $5.32
per front foot of property. This tract has 302.20 ft. of frontage
along Ohio Street. The total connection fee, therefore, is
$1,607.70. This fee shall not include tapping charges or other
plumbing costs.
13. That in consideration of the City's delivery of water services
to the above described property the Consumer hereby covenants that
they shall consent to annexation of this property into the City at
such time in the future that any part of this property adjoins the
City and the City Commission determines it to be in the best interest
of the City to annex said property. This covenant shall be binding
upon and run with the property described above.
14. That the Consumer shall hold the City harmless for any
expenses, costs, claims, injuries or damages arising out of the
construction, maintenance and use of the water service herein
requested to be provided to said Consumer, except for expenses, costs
claims, injuries or damages which are caused by the negligence of an
employee or agent of the City.
This agreement shall be binding upon and extend to the heirs,
executors, administrators, trustees and assigns of the respective parties
hereto.
WATER CONNECTION AGREEMENT
AND CONSENT TO FUTURE ANNEXATION
(OUTSIDE CITY LIMITS)
PAGE FOUR
THE CITY OF SALINA, KANSAS
By:
Don Hoff, Director of Utilities
CONSUMER:
SALINA ENGINE SERVICE~ INC.
To~91:~rg, President
STATE OF KANSAS COUNTY OF SALINE, SS:~
_ of '~ ~£~--.,~' 1996, before me a Notary Public in
On this ~,,~- day
and for said state, personall~ appeared Russell Roberg, CEO and Tod
Roberg, President of Salina Engine Supply, Inc. known to me to be the
persons who executed on behalf of said Corporation, the within Water
Connection Agreement and Consent to Future Annexation, and acknowledged to
me that they executed the same for the purposes therein stated.
STATE OF KANSAS ! Notary Public ' -
My appointment expires' /L~
STATE OF KANSAS COUNTY OF SALINE, SS:
On this day of, 1996, before me a Notary Public in
and for said state, personally appeared Don Hoff, Director of Engineering
and Utilities for the City of Salina, Kansas, known to me to be the person
who executed on behalf of the City of Salina, Kansas, the within Water
Connection Agreement and Consent to Future Annexation, and acknowledged to
me that he executed the same for the purposes therein stated.
Notary Public
My appointment expires: