1528RESOLUTION NO.
A RESOLUTION TO APPROVE AN AGREEMENT BETWEEN THE WEST
MEMPHIS UTILITY COMMISSION AND WILLIAMS DIESEL SERVICE
FOR THE RESALE OF WATER, TO AUTHORIZE THE UTILITY
COMMISSION TO EXECUTE THE AGREEMENT AND FOR OTHER
PURPOSES.
~ WHEREAS, the West Memphis Utility Commission has received a request from Williams
`°' n t resell water and
Diesel Service for permissio o ,
WHEREAS,the policies of the West Memphis Utility Commission require any authorization
to resell water to be by written agreement; and
WHEREAS, the Utility Commission has reviewed and approved the attached written
agreement with Williams Diesel Service to authorize the resale of water and the Utility Commission
has recommended this agreement be approved by the West Memphis City Council;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WEST MEMPHIS, ARKANSAS, THAT the attached agreement with Williams Diesel Service
for the resale of water is hereby approved and the West Memphis Utility Commission is hereby
authorized to enter into such agreement on behalf of th ity of West Memphis.
ADOPTED this day of , 1997.
AL BOALS, MAYOR
REG'EiVED
CITY CLERK OFFICE
DATE_~~.s~'~~
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APR-14-97 MON 213 PM CITY OF W.MPHS UTILITY FAX N0. 501 732 7623
AC3RERMRNT
This Agreement, made and entered into this day of
1997, by and between the City of West
Memphis, Arkansas, a municipal corporation of the State of
Arkansas (hereinafter referred to as the "City") acting by and
through the west Memphis Utility Commission (hereinafter
referred to as the "Commission") and Williams Diesel Service
(hereinafter referred to as "Williams"):
~ WHERBAB, Williams is presently being furnished with water
from the City's water mains at the city limits; and
~`' WHRREAB, Williams has requested permission to resell water
subject to the policies and regulations of the Commission and
the Commission has agreed to grant this request; and
WHEREAS, The policies of the West Memphis Utility
Commission do nvt permit customers receiving water service to
resell water to other customers except under a written contract
agreement;
NOW, therefore, in consideration of the mutual covenants
and agreements hereinafter contained, the parties hereby agree
as follows:
1. The City agrees to furnish to Williams and Williams
agrees to purchase and take from the City a supply of water
through metered connections authorized by the Commission from
the City's water mains at the city limits to be used by Williams
in supplying water to consumers located beyond the present city
limits.
2. Williams shall pay to the City all. charges for water
furnished hereunder when due and at the rate fixed by the
ordinance of the City now in force and effect or which may
hereafter be amended.
3. City reserves the right to any time during the term of
this agreement, or any extension or renewal thereof, to class~,fy
water consumers and to fix rates for each class of consumers,
and also to £ix rates for water furnished to Williams and
persons or other water users, for consumption outside the
corporate limits of the City, higher than the rates fixed for
water furnished to consumers of the same class for consumption
within the corporate limits of the City, subject to such
limitations as are then applicable by law.
4. This agreement shall be in force and continue in
effect far a period of not longer than ~,.. yearns) from the
date hereof, unless sooner terminated ae herein provided.
5. Williams, at its own cost and expense, shall provide
and install the master meter or meters and metering equipment
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APR-14-97 MON 214 PM CITY OF W.MPHS UTILITY FAX N0. 501 732 7623 P. 6
measuring and controlling the said supply of water, which meters
and meter equipment shall be of such type, size and design as
shall be satisfactory to and approved by the Commission. The
control valves and the master meter or meters and meter
equipment shall at all time$ be under the control of the City,
but the full and complete maintenance and protection of such
meters and meter equipment shall be the obligation of Williams.
6. The properly authorized officers, agents and
representatives of the City shall at all times have free access
~, to the master meter or meters and alI other facilities herein
;~ provided for, for the purpose of shutting off the water for
failure to pay the water rates or charges in this agreement
provided to be paid by Williams, and for the purpose of reading
the registrations of said master meter or meters, and to
examine, shut off and test the same to ascertain whether or not
they are in good condition and repair, and to make such repairs
upon the same as may be necessary, the expense of any and all
necessary repairs to be borne by Williams.
7. Williams, at its own cost and expense, shall provide
and keep in repair all feeder mains, connections, meter vaults,
receiving tanks, booster or other pumps, and slow acting valves.
or other appliances deemed necessary by the Commission. 1t at
any time the master meter or meters or meter housing, which also
are to be provided by Williams, shall prove unsatisfactory to
the Commission or be out of repair they shall be replaced or
repaired by the City and the cost and expense of such
replacements or repairs shall be charged to and paid by
Williams.
8. Williams agrees to comply with all applicable rules
and regulations of the City and the Commission. Williams
further agrees that the duly authorized engineers and inspectors
of the City, in collaboration with the representatives of
Williams, shall be allowed to make inspections and require tests
for tightness of the piping of the waterworks installations and
of all plants or other buildings of water users within the
service area of Williams and Williams further agrees to make
such changes in its piping and to eliminate such cross
connections or other connections as in the judgment of the
Commission are necessary. The failure, neglect or refusal on
the part of Williams to make promptly and properly such changes
in its piping, to maintain tightness, or to eliminate
undesirable connections upon notice in writing to do so from the
Commission, shall furnish sufficient ground for the City to shut
off the water and discontinue the service hereunder until
changes and corrections in said piping or connections required
by the Commission are made by Williams.
9. Williams agrees to prevent excessive use and waste of
water.
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APR-14-97 MON 2:14 PM CITY OF W.MPHS UTILITY FAX N0. 501 732 7623 P. 7
10. In order to safeguard its water supply received
hereunder and the City's water supply, Williams hereby agrees to
maintain a safe water supply throughout i.ts system, and to
provide, maintain, and operate at all times during the period of
this agreement, and any extension or renewal thereof,
chlorinating equipment of such kind and capacity that a proper
chlorine residual or similarly effective result may be carried
throughout its water supply system. All proposed waterworks
improvements which must be approved by the Commission shall be
disinfected in accordance with the requirements of the
Commission and the State of Arkansas.
11. Williams agrees to notify the Commission as promptly
as possible of all emergency and other conditions which may
directly or indirectly affect the quality of the water received
hereunder and the City's water supply and further agrees that
the duly authorized engineers and inspectors of the City shall
be allowed to make inspections and required tests of the quality
of the water within the service area of Williams.
12. Williams agrees not to resell or permit any water
furnished hereunder to be used to supply any other municipality
or any consumer of water located or residing outside the present
service area of Williams except if and when it should be
specifically authorized in writing by the Commission.
13. Williams further agrees not to sell, lease or give any
interest in or right or privilege to utilize its water supply
main or mains to any other municipality or any consumer of water
whose premises are located outside the present service area of
Williams, and further agrees not to permit any connection to be
made to its water supply main or mains without first securing
the consent in writing of the Commission.
14. At the end of each billing period, but at least
quarterly, Williams agrees to submit to the Commission a
complete list of all water consumers serviced by Williams.
15. The City and the Commission shall not be responsible
in damages for any failure to supply water or for interruption
of the supply. Williams agrees to save and hold harmless the
City and the Commission, their agents, servants and employees,
from all damage to real and personal property occasioned or
caused by the making of the water connection or connections
herein referred to, or caused by the furnishing of water
hereunder, and shall also keep and save the City and the
Commission harmless from all damage of every kind, nature and
description which may arise as the result of the making of this
agreement.
16. Zf Williams shall refuse, neglect or fail to pay
promptly the water bills rendered for the water supplied it
APR-14-97 MON 215 PM CITY OF W,MPHS UTILITY FAX N0. 501 732 7623 P. 8
hereunder within the time prescribed by the ordinances of the
City or the regulations of the Commission, or if Williams shall
fail to comply with or perform any of the conditions or
obligations on its part to be complied with or to be performed
hereunder, and if after such failure the City or the Commission
shall deliver to Williams a notice in writing of its intention
to shut off the supply of water on account of such failure,
refusal or neglect, then the City shall have the right to shut
off the supply at the expiration of ~ days after the giving
of such notice and to terminate this agreement unless within
such ~,~ days Williams shall make good such failure. The
shutting off of the supply of water far any such cause shall not
release Williams from its obligation to make payments of any
amount or amounts due or to become due in accordance with the
terms hereof.
17. No assignment or transfer of this agreement shall be
made by Williams.
18. In the event that all or any portion of the area
serviced by Williams is annexed to the City of West Memphis, or
in the event that the City of West Memphis extends water service
to all or any portion of the area serviced by Williams, this
agreement shall be null and void as to such area or areas.
In witness whereof, the parties hereto have set their
respective hands this day of 1997.
WEST MEMPHIS UTIT,zTY COMMISSION
By:
CHAIRMAN
WILLIAMS DIESEL SERVICE
By:
CHES wILLIAMS
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