Agr Annex 9th & Euclid
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AGREEMENT
1 . PARTIES :
The parties to this agreement are STEELE, INC., and CLIS, INC., all
Kansas corporations, of the first part, herein referred to as "Owners"; and the
CITY OF SALINA, KANSAS, of the second part, herein referred to as "City".
2 . REC ITALS :
The City operates a municipal waterworks system as a utility.
Owners and others own land, outside the corporate limits of the City,
at various points North from the intersection of Ninth Street and Euclid Avenue,
in said City, abutting U. S. Highway 81 North to the North line of Sections
Thirty-five (35) and Thirty-six (36), Township Thirteen (13), Range Three (3)
West of the 6th P. M. in Saline County, Kansas, to which land Owners desire
water utility service.
The Owners and the City have agreed to a formula and criteria under
which water service for all said lands abutting said highway may be procured
by and through the facilities of said City.
3. AGREEMENT:
In consideration of the articles and covenants hereof, and the mutual
advantages to be had and received by the respective parties, it is agreed:
(A) INSTALlATION:
Owners, or their designees, shall, from time to time, at their
sole and separate expense install water mains and fire plugs as may be necessary
to serve the said lands, all in compliance with plans and specifications to be
furnished by Owners, at their expense, but to be approved by the City Engineer
of the City and the Department of Health of the State of Kansas, without charge
therefor. Fire plugs shall be installed in public roads or highways.
(B) HOOK ON:
Owners shall have the privilege of connecting to an eight inch
(8") water main to the water system of the City six feet (6 I) north of the
north toe of the Flood Protection Levee at its intersection with Ninth Street,
extended, in the environs of Thomas Park. The City will, prior to July 1, 1962,
install such facilities as may be necessary to service an eight inch (8") water
main from the point of connection, aforesaid.
(C) RESERVATION OF OWNERSHIP:
Owners hereby reserve the entire title to the said water system
to be installed and the City shall not permit any tenants or owners of any land
to procure the right to use said system except upon the written consent of one
of first parties having been first had and obtained, provided that, if and when
the land abutting said highway and the highway right-of-way adjacent thereto
are incorporated into the City, that the portion of said water system thereby
included in the City shall revert to the City, subject to the following condi-
tions:
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Owners shall file with the Svper-fntendent of
Utilities of the City a statement under oath on
completion of installations, from time to tUne,
setting forth the cost of the installation. With-
in ten (10) days thereafter, from time to time, a
representative of Owners and the City Engineer shall
in good faith certify the usable front footage of
the various extensions unto the said s\iperintenden.t;'..
and the average cost thereof, per foot. Usable front
footage is defined as any non-governmentally owned
property abutting the highway that is in a condition
conducive to development.
When and if the abutting land and the said high-
way right-of-way are incorporated within the City,
and some abutting property has not availed itself of
the water system, then the City shall, at any tUne
within five (5) years from such incorporation, charge
the said average front footage cost for new taps for
water service on all the abutting land owned by the
applicant for said service and future acquisitions
(within said tUne) and pay the sum thereof from
time to time unto Owners.
(D) ORIGINAL PARTICIPANTS:
All property owners, owning property abutting U. S. Highway 81,
shall be offered the right by Owners to purchase the right to connect property
for water service from said system, upon the payment of a fair and reasonable
proportion of the aggregate of the cost of said system as determined, in good
faith, by Owners, dependent, nonetheless, upon the area of property to be
served thereby.
(E) SUBSEQUENT PARTICIPANTS:
The City will permit service connections unto said system for
subsequent participants, only upon written consent of one of Owners, without
any charge, except at rates for water volume and tapping fees as hereinafter
prescribed, subject, nonetheless, to the provisions of paragraph "(C)" hereof.
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(F) RATES:
(1) WATER:
Each consumer of water connected to the water system
to be installed shall timely pay unto the City double the minimum City rate
for the minimum volume of water for customers within the City and One Hundred
Twenty-five per centum (125%) of the City rate for consumption in excess of the
said minimum, i.e., City rate, plus one-fourth (1/4th).
(2) DEFAULT:
Any consumer of water from the water system that fails to
timely pay the charges for the service by the City, as aforesaid, may be dis-
connected from the system by the City and any such consumer or user shall be
liable to the City for the sum due and the cost of the disconnection effected
by the City.
(G) METERS AND SERVICE:
The City shall furnish meters, shall have the exclusive right
and duty to effect taps into the water main for use of authorized property in
exchange for the payment of a tapping fee to the City in an amount established
by the ordinances of the City for residents. No charge is to be made by the
City for a front footage fee, subject, nonetheless, to the provisions of
paragraph II CC)II hereof.
(H) MANAGEMENT AND MAINTENANCE:
Subject only to the limitations herein set forth, the City shall
maintain the main lines of the system and the appurtenances that are situate
in highway rights-of-way or utility easements.
(I) FIRE PROTECTION:
The City is not under duty hereunder to furnish fire protection
on the said abutting land, except to the extent that may be provided by separate
contract between the City and said abutting Owners.
(J) STANDARDS:
The City shall maintain standards of pressure and service to
the water system equal to the average standards within the City.
4. TREES AND INSPECTION:
Owners in extending the water main in the highway right-of-way in the
environs of Thomas Park shall do so only pursuant to plans approved by the City
Engineer. Owners shall notify the City Engineer prior to the covering of new
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mains in ample time so that the City has the right to inspect the installation.
All installations shall be completed in compliance with the requirements of the
City Engineer.
5. EXTENS ION OF COVENANTS:
The articles and covenants hereof shall extend to and bind the successors
and assigns of the parties hereto.
IN WI-qmsS WHEREOF, t~ p,rties have caused this instrument to be
executed this ......b.- day of ""Y.( ~/~' 1962.
STEELE'~
By ~
Its President
By
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, V,
CI [/1,\
CL'S INC.
Its President
As authorized and specifically directed by the Board of Commissioners
of the City of Salina:
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ATTEST.: .... / I _
J~i~t
. ,X;r c/ ~ u ~!Iv;l-1~
City Clerk
CITY OF SALINA
By/~52~,"~
)/I./fo.-<( ,/\/.
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