Loading...
Annex Utility Agr24 19 z � 26 LS r Webster 07-14-75 �. w Olt to, —31 KI log aq Yi4 1 ��r i g WATER CONNECTION AGREEMENT (OUTSIDE CITY LIMITS) THIS AGREEMENT, made and entered into this 14th day of July, 1975, by and between the City of Salina, Kansas, hereinafter referred to as the "City", and The Trustees of the Kansas West Annual Conference of the United Methodist Church, O.K. Webster and Ila B. Webster, his wife, hereinafter referred to as "Consumer", WITNESSETH: In consideration of the payments herein provided and the mutual covenants and agreements 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 to the following described premises, to - wit: The Southeast Quarter (SE 1/4) of Section Twenty-five (25), Township Thirteen (13) South, Range Three (3) West of the 6th P.M., in Saline County, Kansas, subject to a life estate to O.K. Webster and Ila B. Webster, husband and wife, as joint tenants with rights of survivorship and not as tenants in common, in all of said quarter, and further subject to a grant of all timber rights and one-half (1/2) of the mineral rights on the timber land and all of the mineral rights on the balance of said quarter in O.K. Webster and Ila B. Webster, husband and wife, under the following terms and conditions, to -wit: 1. That Consumer agrees to pay the City for permission to connect to the City water system the sum of Three Hundred Fifty Dollars ($350.00). This fee does not include any costs of connecting to the main, deposit for meter, opening and closing of roadway, trench, special construction requirements for railroad, waterway or highway crossings, backflow preventers, etc. The Consumer shall fund and maintain all water lines required to serve the above described property and the points of consumption thereon. No future expansion or alterations of the system or additional points of receiving or consuming water will be allowed. 2. That City agrees to provide the Consumer with the necessary water meter for which the Consumer 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 Consumer upon return of the meter to the City in proper operating condition; pro- vided, however, that in the event the premises served by this agreement are 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 installa- tion of said meter which 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 amendments thereto. 4. That Consumer grants to 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 the City ordinances now in effect or as hereinafter amended pertainint to water service. 5. That Consumer shall be responsible for maintenance and care of water meter as provided in the City ordinance. 6. That the City reserves the right to curtail or terminate water service in the event of unforeseen emergency or disaster and assumes no responsibility for damage resulting from variance in water pressure or volume. 7. That water service authorized by this agreement shall be used only for the purpose of supplying water to the following buildings located upon the hereinbefore described premises, to -wit: (a) Chapel (b) Boys' Dormitory (c) Girls' Dormitory and Dining Hall (d) Camp Manager's residence and no additional connections may be made thereto. If any unauthorized connections are made, the City shall immediately discontinue service. The Consumer shall pro- vide the City with a plat of the hereinbefore described premises, showing the location of the buildings hereinbefore listed, the locations of the water lines, water mains and water service as the same are to be installed. 8. That 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 this agreement, and the City shall have the right to discontinue the water supply until such new application is made and approved. 9. That Consumer shall not connect the City water supply with his own water supply or to any other systems which would permit water from any other source to be commingled with the City water supply. 10. That Consumer agrees to pay all expenses connected with the instal- lation of a backflow preventer which backflow preventer shall be installed at a location to be designated by the City and in accordance with the specifica- tions and requirements of the City Engineer and the Director of Utilities. 11. All bilings and collections shall be pursuant to City ordinances now in effect or as hereinafter amended. 12. That Consumer agrees that he will not protest annexation into the City at any time the City Commission may determine it to be in the best interest of the City to annex said property. 13. 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 the 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, successors and assigns of the respective parties here- to. The City of Salina, Kansas The Board of Trustees of the Kansas West Annual Conference of the United Methodist Church By:;�A� , O.K. Webster Ila B. Webster