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HomeMy WebLinkAbout1243 ResolutionRESOLUTION NO. 1243 WHEREAS, the Franklin County Irrigation District #1 has the present ability to provide excess or uncommitted irrigation water for sale; and WHEREAS, the City of Pasco desires to purchase and acquire the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: The City Council of the City of Pasco does hereby approve the Water Delivery Agreement between the Franklin County Irrigation District #1 and the City of Pasco, Washington, a copy of said Water Delivery Agreement is attached hereto and by this reference incorporated herein, and authorizes the Mayor and City Clerk of the City of Pasco to execute said Water Delivery Agreement. PASSED by the City Council of the City of Pasco this 16 day of April , 1979. r Chet Bailie, Mayor A ve yn W lls, City Clerk APPROVED AS TO FORM: Anis J. 16 elice, City Attorney WATER DELIVERY AGREEMENT THIS AGREEMENT made and entered into this day of April, 1979, by and between FRANKLIN COUNTY IRRIGATION DISTRICT #1, a municipal corporation (hereinafter referred to as F.C.I.D.), and THE CITY OF PASCO, WASHINGTON, a municipal corporation (hereinafter referred to as the City) , W I T N E S S E T' H: WHEREAS, the F.C.I.D. has the present ability to provide excess or uncommitted irrigation water for sale; and WHEREAS, the City -desires to purchase and acquire the same upon the terms as hereinafter more particularly set forth; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants herein contained, the parties do hereby agree as follows: 1. y'he F.C.I:D. does hereby agree to sell to the City and the City to buy from the F.C.I.D. irrigation water for irrigable land situate and constituting the Pasco Municipal Golf Course, for a. term commencing with the 1979 water season and terminating with the closing of the 1981 water season. 2. The price for the water shall be the annual lump sum of Two Thousand Five Hundred & 00/100 ($2,500.00) Dollars payable in advance on an annual basis by April lst of each year during the term hereof. 3. It is specifically understood and agreed that the F.C.I.D. is to convey only such water that is excess to the needs of the district and that is uncommitted for other purposes as the F.C.I.D. is able to provide. The water provided by the F.C.I.D. shall be on an interruptable basis. However, the F.C.I.D. covenants with the City that it will make its best efforts to supply sufficient water to sustain a draw of seven hundred (700) gallons per minute by the City as needed to irrigate the Pasco Municipal Golf Course and that it will do all things reasonably necessary within the capacity of the system to supply the water consistent with its other obligations. 4. The City shall notify the water master of those days or times when it does not need or is unable to draw the water. The water master shall notify the City of those days and those times when the F.C.I.D. is able or is not able to provide the water. Both parties shall•make their best effort through their respective employees and agents to coordinate the supply and draw of the water as well as the interruption of the water supply and.the interruption of the water draw. 5. The water shall be drawn from the tailrace of the F.C.I.D. irrigation ditch which is located north of Road 40 in the vicinity of its intersection with Argent Street which is where the City presently draws excess water. 6. The City, solely at its cost, expense and effort, shall construct such works as are required to procure the water from the location under the supervision of the water master of the district. -2 - The City shall be responsible for protecting its works from damage as a result of its use and shall install an automatic shut-off device to protect its pump in the event water is not available. The City shall also install and maintain a measuring device which. shall indicate the volume of'water usage and the records of such device shall be made available to the water master of the district as requested. The water master of the district shall have control of the flow of water as needed to meet the needs of the F.C.I.D. The F.C.I.D. shall utilize such device or devices as it deems necessary to control the r flow of water to the tailrace area from which the City shall draw its water in order to control, regulate, and interrupt the provision of water to the City. 7. In the event the F.C.I.D. is unable to provide the water delivery in the amount and for`the.purpose contemplated by the parties for a -period of more than two weeks, the City shall be entitled to a pro rata reduction in that year's annual charge. The ratio for the reduction shall be based on the number of days that the service described herein was not provided the City and the total number of - days of that year's water season. 8. The City shall indemnify and hold the F.C.I.D. free and harmless from and against all claims, demands, and causes of actions of any nature whatsoever arising out of and by reason of the City's activities relating to this water delivery agreement and the establishment and maintenance of such water line as the City may provide itself in order to receive the water delivery service described herein. IN WITNESS WHEREOF the parties have hereunto set forth their hands and seals the day and year hereinabove first written. FRANKLIN COUNTY IRRIGATION DISTRICT #1 CITY OF PASCO, WASHINGTON By: ! By:y Ross Steele, President Chet Bailie, Mayor ATTEST: AT T: Richard D. Brown, Secretary Wdlls, City Clerk APFR? AS TO FORM: AP ROVED AS TO FO uane E. Taber, Attorney for Franklin De nis J. 3e ice, County Irrigation District #1 Pasco City Attorney =19 STATE OF WASHINGTON) :ss. County of Franklin ) - On this 13' day. of April, 1979, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Ross Steele and Richard D. Brown,'to me known to be the President and Secretary, respectively, of Franklin County Irrigation District #1, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the -seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed he day and,, year first above written. Notary Public in and for the State of Washington, residing at Pasco STATE OF WASHINGTON) .ss. County of Franklin ) On this � day of April, 1979, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Chet Bailie and Evelyn Wells, to me known to be the Mayor and City Clerk, respectively, of the City of Pasco, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the' -day and year first above written. Notary is in and for the State id.ng at of Washington, res{i�'GNGc�,