HomeMy WebLinkAbout1165 ResolutionRESOLUTION NO. 1165
WHEREAS the City of Pasco has recently annexed to it the
following described real property situate in Franklin County,
Washington:
Section 14, Township 9 North, Range 29 E.W.M., and
also the north 30 feet of Section 23, Township 9 North,
Range 29 E.W.M., lying between Roads 36 and 52; and
WHEREAS it is in the best interest of the City of Pasco to
enter into an agreement with Bosch Development Company and Northwest
Developers, Inc., for the constructing and building of a water booster
station to provide adequate water supply to the area above described;
NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PASCO:
That the proper officials of the City of Pasco be and the
same are hereby authorized to execute an agreement with Bosch
Development Company and Northwest Developers, Inc., for the constructing
and building of a water booster station to provide adequate water supply
to the area above described, said agreement to be substantially in the
form as the agreement attached hereto and by this reference incorporated
herein.
Dated this 17 day of Apri 1 , 1978.
Chet Bailie, Mayor
A
Wells, City Clerk
APPROVED AS TO FORM:
chael E. Cooper ity Attorney
A G R E E M E N T
THIS AGREEMENT made and entered into this day of ,
1978, by and between THE CITY OF PASCO, a municipal corporation in the
State of Washington, hereinafter referred to as the "City",.and
BOSCH DEVELOPMENT COMPANY and NORTHWEST DEVELOPERS, INC., hereinafter
referred to as the "Seller";
WITNESSETH:
WHEREAS the City of Pasco has recently annexed to it the following
described real property situate in Franklin County, Washington:
Section 14, Township 9 North, Range 29 E.W.M., and also the
north 30 feet of Section 23, Township 9 North, Range 29 E.W.M.,
lying between Roads 36 and 52; and
WHEREAS the Seller is the owner of a portion of the above
described property and is in.the process of developing a portion
thereof and as a part of said development is constructing and building
a water booster station to provide adequate water supply to the area
above described; and
WHEREAS the City of Pasco pursuant to Chapter 35.92 R.C.W. has
the authority to construct, condemn and purchase, acquire, add to,
maintain and operate water works, within or without its limits, for
the purpose of furnishing the City and its inhabitants, and any other
persons, with an ample supply of water for all purposes, public and
private; NOW, THEREFORE,
In consideration of the mutual covenants and promises hereinafter
set forth, the parties hereto agree as follows:
1. The Seller agrees to sell to the City of Pasco the above
mentioned water booster station and the City of_Pasco agrees to purchase
the said water booster station for the actual cost of construction of
said water booster station, PROVIDED, however, in any event said amount
shall not exceed Ninety -Five Thousand & 00/100 ($95,000.00) Dollars
and upon the following conditions.
2. The water booster station shall have the capability when
connected or.coupled with a feature elevated storage tank of providing
an adequate.volume of water at an acceptable pressure to an area which
would include at least Sections 14, 15 and 16, Township 9 North, Range
29 E.W...M., all of which are within the City of Pasco's franchised water
service area and also within the water service area of the City itself
and as filed within the Benton -Franklin Governmental.Conference.
3. The design.of the,water booster station shall make provision
for the providing from zero to five thousand gallons per minute of water
at a boost of.95 to 115 feet of water head. Moreover, there shall be
standby power or alternate drive to pumps so as to provide a flow of
at least fifteen hundred gallons per minute in case of power outage.
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4. The actual design of the water booster station shall include
normal "good practice" municipal water system features including
metering, monitoring and other items to insure that the facility and
its functional capability are economical and are efficient as
determinated by "good practice".
5. A design report and the plans and specifications shall be
submitted to the City of Pasco and the City of Pasco shall have the
opportunity to review said design report and other documents including
the plans and specifications. Moreover, the City shall be entitled
to determine by actual testing and operation of the facility whether
the facility does in fact function within the design criteria and as
indicated in the design report.
6. The City of Pasco will assume no responsibility for the design
of the water booster station.
7. The City of Pasco is not required to purchase said water
booster station until and unless all of the conditions hereinabove
set forth have been met and approved by the City.
8. In the event that the initial cost of construction and
engineering of said water booster station exceeds the amount of
Ninety -Five Thousand & 00/100 ($95,000.00) Dollars, the City of Pasco
at its.option may participate above that amount. In any event,
invoices of the actual construction cost, including design and
engineering, .shall be submitted to the City of Pasco for its review
prior to the payment of any funds hereinabove mentioned on the part
of the City of Pasco to the Seller for the purchase of said water
booster station.
9. This agreement constitutes the entire agreement between the
parties hereto.
IN WITNESS WHEREOF the parties hereto have executed this
agreement on the day and year first above written.
ATTEST:
James F..Somborovich,
Ex Officio City Clerk
APPROVED AS TO FORM:
CITY OF PASCO
By:
Chet Bailie, Mayor
BOSCH DEVELOPMENT -COMPANY
By:
Gary Bosch, President
Michael E. Cooper, City Attorney NORTHWEST DEVELOPERS, INC.
Um
ames P. Sargent, President
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STATE OF WASHINGTON)
.ss.
County of )
On this'day personally appeared before me Gary Bosch to me known
to be the President of Bosch Development Company and who executed the
above and foregoing instrument and acknowledged that he signed the same
as the free and voluntary act and deed for said Bosch Development
Company and for the uses and purposes set forth therein and on oath
stated that he is authorized to execute the said agreement.
. Witness my hand and official seal hereto affixed the. day
of 1978.
Notary Public in and for the State
of Washington, residing at
STATE OF WASHINGTON) '
:ss.
County of )
On this day personally appeared before me James P. Sargent to
me known to be the President of Northwest Developers, Inc., and who
executed the above and foregoing instrument and acknowledged that he
signed the same as the free and voluntary act and deed for said
Northwest Developers, Inc., and for the uses and purposes set forth
therein and on oath stated that he is authorized to execute the said
agreement.
Witness my hand and official seal hereto affixed the day
of ,. 1978.
Notary Public in and for the State
of Washington, residing at