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�,