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HomeMy WebLinkAbout95- Arts Agreement for the Provision of Municipal Water Service, 1995 , . . . AGREEMENT FOR THE PROVISION OF MUNICIPAL WATER SERVICE WHEREAS, Montana Department of Health and Environmental Services (MDHES) conducted an analysis of groundwater in that area of Gallatin County, State of Montana in 1989 and 1990, now known as the Bozeman Solvent Site (BSS); and WHEREAS, the groundwater analyses disclosed that groundwater was impacted by perchloroethylene (PC E), tetrachloroethylene (TCE), and dichloroethylene (DCE) at levels in excess of those permitted in drinking water by various federal and state regulations; and WHEREAS, GILBERT M, and HELEN B, ARTS maintain their principal place of residence within that area commonly known as the BSS, but outside the territorial boundaries of the City of Bozeman; and WHEREAS, GILBERT M, and HELEN B, ARTS utilized this groundwater for domestic and irrigation purposes and are not now provided municipal water; and WHEREAS, MDHES issued an Interim Water Supply Order, Docket No. WQ-93- 101, on June 18, 1993, directing the City to provide municipal water service to the Arts' residence located at 907 North 17th Avenue; and WHEREAS, GILBERT M. and HELEN B, ARTS are desirous of accepting municipal water supply for domestic purposes only and the City is required to undertake at its sole expense those steps necessary to provide municipal water service; WHEREFORE, IT IS HEREBY AGREED, by and between GILBERT M. and HELEN B. ARTS and the City of Bozeman as follows: 1. That the City of Bozeman, within 120 days following the execution of this Agreement by GILBERT M, and HELEN B. ARTS, shall hook up the Arts' residence BCW/ASC-6089 , located at 907 North 17th Avenue to the municipal water supply at the City's sole expense. 2, That the construction of the line and service connections shall be performed in the least invasive fashion so as not to destroy trees, flower beds, vegetable gardens, lawns, shrubbery, or other permanent fixtures located upon the Arts' property. 3, That the City, at its sole expense, shall also install those valves and other mechanical items necessary to reduce water pressure from the service line to the interior of the home, 4. That the City, at the time of the installation of the service line, shall also install a water meter with a remote reader at the Arts' residence. S, That GILBERT M. and HELEN B. ARTS, as long as they own the premises as identified herein and utilize the same as their principal place of residence, will not be required to pay for municipal water utilized for domestic purposes. 6. That GILBERT M. and HELEN B, ARTS shall execute those documents necessary so as to grant to the City an easement upon that portion of their property necessary for the City to install the water service line, and water meter, which line and meter shall remain the property of the City of Bozeman, Specifically, GILBERT M, and HELEN B. ARTS shall execute that document entitled, "Bozeman City Water Works Application for Service Connection" which is attached hereto as Exhibit "A," and by this reference is made an integral part of this Agreement. To the extent that Exhibit "A" conflicts with this "Agreement for the Provision of Municipal Water Service," the latter document shall govern, 2 ---------- - ---------- -- - , 7. That upon GILBERT M. and HELEN B, ARTS' sale of the property or upon the property's utilization for other than GILBERT M, and HELEN B. ARTS' principal place of residence, the municipal water will no longer be provided free of charge, but rather shall be charged as all other City water accounts are then charged, 8. That GILBERT M. and HELEN B. ARTS, by accepting municipal water service, have not agreed to the annexation of their residence into the City of Bozeman, nor shall the City cause annexation of the Arts' residence due solely to its provision of municipal water to said residence. The City, however, shall retain the right to commence annexation proceedings for any other reasons permitted by state law. g, That GILBERT M. and HELEN B, ARTS shall execute those documents necessary so as to grant the City an easement upon their property to the extent necessary to permit the periodic reading of the water meter. 10, That GILBERT M. and HELEN B. ARTS shall use municipal water only for domestic (in-home) purposes, and not for irrigation purposes or any other outdoor purpose. 11, This Agreement contains the entire agreement between GILBERT M, and HELEN B. ARTS and the City of Bozeman with regard to all matters set forth herein, and shall be binding upon and inure to the benefit of the executors, administrators, personal representatives, heirs, successors, and assigns of each. 12. This Agreement is entered into within the State of Montana and shall be construed and interpreted in accordance with the laws of said jurisdiction. 3 13. The parties hereto agree to cooperate fully and execute any and all supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement. 14, This Agreement shall become effective immediately upon its execution by each of the parties hereto, IN WITNESS WHEREOF, the parties have hereunto set their hands this 3rd day of Apr i] . 1995. CITY OF BOZEMAN -"-', ) 'tr ~ I ,,' )) 'I" ," ' ~s~c~~~~k~ d /AL /?1Z dt.$ GilBERT M, RTS City Manager ~~ &8 aJ;; ~JJ,~ HELEN B, ARttS PHilLIP J, ORB'ES, Director 4 Service RY 'CONNEll, " ttorney' for City of BozSm n 4 BCW/ASC-6089 " ",'- EXHIBIT J A BOZEMAN CITY WATERWORKS 6089 APPLlCATION..EQJ3-SEffilJCE CONNECTION To the CITY OF BOZEMAN, MONTANA The undersigned, hereinafter referred to as the applicant, hereby makes application for service connection with Bozeman City WaterworXs, owned and operated as a public utility by the City of Bozeman, a municipal corporation and body politic of the State of Montana, in Gallatin County, hereinafter referred to as. ~ ... City" ,.... ""'~ .., be mad. will> propeity . ... ..., _ ..... """.......... ., .....'" deerne' ... ... ... ..........., os ...,.... fe, ~ MflBl<atiePl to lha OK), G1ll14ti.. OOl:lIlt), Mu..h..,.. owned by the applicant. and descnbed as follows: .eJi House No, Street or Avenue Lot l,IOCk Addition GILBEaT . and HELEN B. ARTS Owned by Occupied as This application, if granted, is subject to all of the rates, rules and regulations of the Bozeman City Waterworks on file with and approved by the Public Service Commission of the State of Montana, as the same exist at the date hereof and as they may hereafter from time to time be changed or amended, The applicant hereby acknowledges notice of the aforesaid rates, rules and regulations, and that a comply thereof is on file in the Office af the Cieri< of the City Commission of the City of Bozeman, in the Municipal Building of the City. and open to examination and inspection at any time said office is open for the transaction of business, This application is also subject to the following specific provisions which, in consideration of the granting of this application and the cost of the material, labor and equipment fumished and provided by the City for such service connection, whether new or renewal, the applicant expressly agrees to: ~ 1, The connection shall be made by the City, ' , , t}, ..t:o., to II ,.. e;I" with its water main at the point or place deemed by the City to be most suitable, and shall be conducted thence, by such means, methods and equipment, and by such route and routes as the City shall select, to, upon, across and into the premises above described and into any building and buildings located thereon and for which such water service is desired, . 2. . ,... ....., ..~.. "'......"'.. ~. ..<4 (.",...., -', ... ........ ""'" _..... .... ......., .. .......... by ... "'Y, ..... .... ~ arilllieatiePl, 11'11'18 e .refit sllllll ttI'I) i3l:1ell if\5telllltiePl eelt'llt'lel'lee 1:I1'1tll e8i~ ~elleeit Ie reeeived! . Tile SPIlIi8BAt sllelll!Je .es~eA$il!Jle el'll~ fer H<le aelt:Jal el<psl'lse /' iI ,el:lrred by tl1e OK) fer sl:I.eh inattllltltien, If the aettlel el<pal'lse is less ttl8n the ~epesit reeeived, the City s"'all .efl:Il'ld tile differel'lce, if tI'Ie Ilettllll expel'lse is It'Iore (} .SA tAe elel5esit received, tile Olt) .!hell bill the IlPPUc....[ f..., II,,,, diffl!,6..C6. The City shall bear the cost of any renewal installation, maintenance, repair, or other wori< on the applicant's property which the City deems necessary up to a distance of 60 linear feet from the property line, The applicant shall be responsible far the actual expense Incurred by the City for the portion of a renewal installation or any necessary maintenance, repair or other wori< in excess of said 60 feet. 3. There is hereby granted to the City, an easement of right--of.way in, to, upon and across the above.described premises, and of ingress and egress, for the purpose of installing, maintaining, controlling, inspection, and repairing the water service connection hereby applied for, and for any other needful, useful or convenient purpose in and about such installation, maintenance, control, repair and/or inspection of such water service connection, whether new or renewal; and such easement of right-of-way and of ingress and egress shall continue as long as said water service connection, whether new or renewal, shall exist and be in use. And the City, by and through its duly authorized agents, servants and employees, shall have the right at all reasonable and/or necessary times, to go upon, over and across said premises, and into any building or buildings located thereon ta which water is supplied by such water service connection, for the purpose of installing, maintaining, controlling, repairing, removing and/or Inspection such water service connection or any part thereof, and to tum on and shut off the water and to do any necessary excavating on said premises for said purposes and/or any of them, and for any other needful, necessary, and/or convenient purpose in and about the operation and control of such water service connection. so long as the same shall exist. 4. Reasonable care will be exercised by the City in the selection of material for, and in the installation of, the water service connection hereby applied for, and in the inspection, maintenance and repair thereof, by the City shall not be responsible for damage caused by breakage, leakage, failure of service, or any other damage not the result of its failure to exercise reasonable care, 0 (~ ~ t, ge.p~ait 1& () rootage 0..." 66' /) $ () "1;~~. $ l'ul'c11 IN WITNESS WHEREOF the applicant has here unto set his hand this day of ,19 A~/~4C Applicant ACKNOWLEDGMENT STATE OF MONTANA} : ss, ' CountY of Gallatin ) :3 'jl.b t/1 ' ,19 f?s'" before me, the undersigned, a notary public in and for the State of M tana, personally On this . '... day of ,/ , .... appeared, ~ I L- &..-,...,. '. ~ knawn to me to be the persan whose name is subscribed to t above and f going instrument as applicant, and acknowledged ~o me that he executed the same, IN WITNESS WHEREOF I hete unto set my hand and affix my notarial seal the day and year in the certificate first '.' My Commission expires: AGREEMENT FOR THE PROVISION OF MUNICIPAL WATER SERVICE WHEREAS, Montana Department of Health and Environmental Services (MDHES) conducted an analysis of groundwater in that area of Gallatin County, State of Montana in 1989 and 1990, now known as the Bozeman Solvent Site (BSS); and WHEREAS, the groundwater analyses disclosed that groundwater was impacted by perchloroethylene (PCE), tetrachloroethylene (TCE), and dichloroethylene (DCE) at levels in excess of those permitted in drinking water by various federal and state regulations; and WHEREAS, MARTIN J, and ROBERTA J. PLUMB, maintain their principal place of residence within that area commonly known as the BSS, but outside the territorial boundaries of the City of Bozeman; and WHEREAS, MARTIN J, and ROBERTA J. PLUMB utilized this groundwater for domestic and irrigation purposes and are not now provided municipal water; and WHEREAS, MDHES issued an Interim Water Supply Order, Docket No, WQ-93- 101, on June 18, 1993, directing the City to provide municipal water service to the Plumb residence located at 915 North 17th Avenue; and WHEREAS, MARTIN J, and ROBERTA J. PLUMB are desirous of accepting municipal water supply for domestic purposes only and the City is required to undertake at its sole expense those steps necessary to provide municipal water service; WHEREFORE, IT IS HEREBY AGREED, by and between MARTIN J, and ROBERT A J, PLUMB and the City of Bozeman as follows: 1. That the City of Bozeman, within 120 days following the execution of this Agreement by MARTIN J. and ROBERTA J. PLUMB, shall hook up the Plumb residence BCW/ASC-6090 13. The parties hereto agree to cooperate fully and execute any and all supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement. 14. This Agreement shall become effective immediately upon its execution by each of the parties hereto, IN WITNESS WHEREOF, the parties have hereunto set their hands this 3rd day of April . 1995, /- ITY OF BOZE2? L , ~~~ Ed ~ ~- V ~ ' '~'\IV.....\.I:' , \.- M - IN /_: 'MEf. ..?1' - MES E. WYSOCKI, City Manager ~il~~~L~"'~ -; t..? "' ;~ ' {/ 4 Bcw/ASC-6090 ------- located at 915 North 17th Avenue to the municipal water supply at the City's sole expense. 2, That the construction of the line and service connections shall be performed in the least invasive fashion so as not to destroy trees, flower beds, vegetable gardens, lawns, shrubbery, or other permanent fixtures located upon the Plumb property. 3. That the City, at its sole expense, shall also install those valves and other mechanical items necessary to reduce water pressure from the service line to the interior of the home, 4, That the City, at the time of the installation of the service line, shall also install a water meter with a remote reader at the Plumb residence. 5. That MARTIN J. and ROBERT J, PLUMB, as long as they own the premises as identified herein and utilize the same as their principal place of residence, will not be required to pay for municipal water utilized for domestic purposes. 6. That MARTIN J.and ROBERT A J, PLUMB shall execute those documents necessary so as to grant to the City an easement upon that portion of their property necessary for the City to install the water service line, and water meter, which line and meter shall remain the property of the City of Bozeman, Specifically, MARTIN J. and ROBERTA J. PLUMB shall execute that document entitled, "Bozeman City Water Works Application for Service Connection" which is attached hereto as Exhibit "A," and by this reference is made an integral part of this Agreement. To the extent that Exhibit "A" conflicts with this "Agreement for the Provision of Municipal Water Service," the latter document shall govern. 2 7. That upon MARTIN J. and ROBERT A J, PLUMB's sale of the property or upon the property's utilization for other than Plumb's principal place of residence, the municipal water will no longer be provided free of charge, but rather shall be charged as all other City water accounts are then charged, 8, That MARTIN J. and ROBERTA J. PLUMB, by accepting municipal water service, have not agreed to the annexation of their residence into the City of Bozeman, nor shall the City cause annexation of the Plumb residence due solely to its provision of municipal water to said residence, The City, however, shall retain the right to commence annexation proceedings for any other reasons permitted by state law. 9, That MARTIN J. and ROBERT A J. PLUMB shall execute those documents necessary so as to grant the City an easement upon their property to the extent necessary to permit the periodic reading of the water meter. 10, That MARTIN J. and ROBERT A J. PLUMB shall use municipal water only for domestic (in-home) purposes, and not for irrigation purposes or any other outdoor purpose, 11, This Agreement contains the entire agreement between MARTIN J, and ROBERTA J. PLUMB and the City of Bozeman with regard to all matters set forth herein, and shall be binding upon and inure to the benefit of the executors, administrators, personal representatives, heirs, successors, and assigns of each. 12. This Agreement is entered into within the State of Montana and shall be construed and interpreted in accordance with the laws of said jurisdiction. 3 - , , " \ " ' -'T . . n, " " , , EXHIBIT I A BOZEMAN CITY WATERWORKS 6090 APPLICA1]ON FOa SERVI~E CONNE.CIIQH To the CITY OF BOZEMAN, MONTANA The undersigned. hereinafter referred to as the applicant, hereby makes application for service connection with Bozeman City Waterworks, owned and operated as a public utility by the City of Bozeman, a municipal corporation and body politic of the State of Montana, in Gallatin County, hereinafter referred to as the City., such conn~ction Is t~ be made with property in the Cirt Ii",,? tit the Cil) of ~%e...m. or prepert) dec....od by the Oil) Oo""",,k~:().. e3 de3ir~bl6 10, 1J1f Mnlllftltie" to tho Sit" ami..!;" 13.:..... ,11, M...,.~ ,.. owned by the applicant, and descnbed as follows: Hause No, Street or Avenue Lot Block Additian MARTIN J. and ROBERTA J. PLUMB Owned by Occupied as This application, if granted, is subject to all of the rates. rules and regulations of the Bozeman City Waterworks on file with and approved by the Public Service Commission of the State of Montana, as the same exist at the date hereof and as they may hereafter from time to time be changed ar amended, The applicant hereby acknowledges notice of the aforesaid rates. rules and regulations. and that a comply thereof is on file in the Office of the Clerk of the City Commission of the City of Bozeman, in the Municipal Building of the City. and open to examination and inspection at any time said office is open for the transaction of business. This application is also subject to the following specific provisions which. in consideration of the granting of this application and the cost of the materia', labor and equipment furnished and provided by the City for such service connection. whether new or renewal, the applicant expressly agrees to: 1. The connection shall be made by the City, L.. ........1, ...........!;..... ;..11... ea11:...:I::., .... PIOP.!,1) de.......d b1 !t.c. 13:1) 061..rni""ien ~ s.!lsil'l!l5le fer 8."nell f ,d;...., t>.. H.6 all" with its water main at the point or place deemed by the City to be most suitable. and shall be conducted thence. by such means. methods an~ equipment, and by such raute and routes as the City shall select. to. upon, across and into the premises above described and into any building and buildings located thereon and for which such water service is desired, 2.:;===~:====.:~~:;=S= 1ff ~~jb~' I:" ..... 1.....,,1 ~Ial~ ...,1,.....:1. :....taI~..t~" I ......,~.. ....,~G~ ~ ,tit ~";d dj)~JI~ 13 re~. cd: "'R.~ aPPlijetlnt 3half be .63ponj,ihle enl ~ ~r !he ~I ~n3ei8 me . H ~. "'oil de.......;1 ,':'C/li...d, H.... oa~ !hall b;III1... .......1;.......11\.., H... d;r~,.."....., The City shall bear the cost of any renewal installation, maintenance, repair. or'other work on the applicanfs property which the City deems necessary up ta a distance of 60 linear feet from the property line, The applicant shall be responsible for the actual expense incurred by the City for the portion of a renewal installation or any necessary maintenance, repair or other work in excess of said 60 feet. 3, There is hereby granted to the City. an easement of right.of-way in. to. upon and across the above.described premises, and of ingress and egress, for the purpose of installing, maintaining, controlling. Inspection. and repairing the water service cannection hereby applied for. and for any other needful. useful or convenient purpose in and about such installation. maintenance, control. repair and/or inspection of such water service connection. whether new or renewal; and such easement of right-of.way and of ingress and egress shall continue as long as said water service connection. whether new or renewal. shall exist and be in use, And the City, by and through its duly authorized agents, servants and employees, shall have the right at all reasonable and/or necessary times, to go upon. over and acrass said premises, and into any building or buildings located thereon to which water is supplied by such water service connection. for the purpose of installing. maintaining, controlling, repairing, removing and/or inspection such water service connection or any part thereof. and to turn on and shut off the water and to do any necessary excavating on said premises for said purposes and/or any of them. and for any other needful, necessary, and/or convenient purpose in and about the operation and control of such water service connection. so long as the same shall exist. : 4, Reasonable care will be exercised by the City in the selection of material for, and in the installation of. the water service connection hereby applied : for, and in the inspection. maintenance and repair thereof. by the City shall not be responsible for damage caused by breakage, leakage, failure of service. or any other damage not the result of its failure to exercise reasonable care, .p; If IN WITNESS WHEREOF the applicant has here unto set his hand this day of .19 ~4-:rJ-- tFJ~ ApfJI t ACKNOWLEDGMENT STATE OF MONTANA) : ss, .. County of Gallatin) '-~: ~ On this q ,,() day of r r /.- . 19 tlr before me. the undersigned. a notary public in and for the State of Mo appeared, IV1Mz.:77,.t.J ;(, ):/L,..lWl I' know"iliO me to be the person whose name is subscribed to the a ve and for applicant. and acknowledged to me that he executed the same, IN WITNESS WHEREO_Fi here unto set my hand and affix my notarial seal the day and year in the certificate first written, " Notary Public for State 0 My Commission expires: . AGREEMENT FOR THE PROVISION OF MUNICIPAL WATER SERVICE WHEREAS, Montana Department of Health and Environmental Services (MDHES) conducted an analysis of groundwater in that area of Gallatin County, State of Montana in 1989 and 1990, now known as the Bozeman Solvent Site (BSS); and WHEREAS, the groundwater analyses disclosed that groundwater was impacted by perchloroethylene (PC E), tetrachloroethylene (TCE), and dichloroethylene (DCE) at levels in excess of those permitted in drinking water by various federal and state regulations; and WHEREAS, THOMAS P. SHANE, JR, and LE ANN FELLOWS SHANE, maintain their principal place of residence within that area commonly known as the BSS, but outside the territorial boundaries of the City of Bozeman; and WHEREAS, THOMAS P. SHANE, JR,and LE ANN FELLOWS SHANE utilized this groundwater for domestic and irrigation purposes and are not now provided municipal water; and WHEREAS, MDHES issued an Interim Water Supply Order, Docket No. WQ-93- 101, on June 18, 1993, directing the City to provide municipal water service to the Shane residence located at 906 North 17th Avenue; and WHEREAS, THOMAS p, SHANE, JR.and LE ANN FELLOWS SHANE are desirous of accepting municipal water supply for domestic purposes only and the City is required to undertake at its sole expense those steps necessary to provide municipal water service; WHEREFORE, IT IS HEREBY AGREED, by and between THOMAS p, SHANE, JR, and LE ANN FELLOWS SHANE and the City of Bozeman as follows: BCW/ASC-6091 1, That the City of Bozeman, within 120 days following the execution of this Agreement by THOMAS P. SHANE, JR.and LE ANN FELLOWS SHANE, shall hook up the Shane residence located at 906 North 17th Avenue to the municipal water supply at the City's sole expense, 2, That the construction of the line and service connections shall be performed in the least invasive fashion so as not to destroy trees, flower beds, vegetable gardens, lawns, shrubbery, or other permanent fixtures located upon the Shane property. 3. That the City, at its sole expense, shall also install those valves and other mechanical items necessary to reduce water pressure from the service line to the interior of the home, 4. That the City, at the time of the installation of the service line, shall also install a water meter with a remote reader at the Shane residence, 5. That THOMAS p, SHANE, JR, and LE ANN FELLOWS SHANE, as long as they own the premises as identified herein and utilizes the same as their principal place of residence, will not be required to pay for municipal water utilized for domestic purposes. 6. That THOMAS P. SHANE, JR. and LE ANN FELLOWS SHANE shall execute those documents necessary so as to grant to the City an easement upon that portion of their property necessary for the City to install the water service line, and water meter, which line and meter shall remain the property of the City of Bozeman. Specifically, THOMAS p, SHANE, JR, and LE ANN FELLOWS SHANE shall execute that document entitled, "Bozeman City Water Works Application for Service Connection" which 2 . . is attached hereto as Exhibit "A," and by this reference is made an integral part of this Agreement. To the extent that Exhibit "A" conflicts with this "Agreement for the Provision of Municipal Water Service," the latter document shall govern. 7, That upon THOMAS P. SHANE, JR.'s sale of the property or upon the property's utilization for other than THOMAS p, SHANE, JR.'s and LE ANN FELLOWS SHANE'S principal place of residence, the municipal water will no longer be provided free of charge, but rather shall be charged as all other City water accounts are then charged, 8. That THOMAS P. SHANE, JR,and LE ANN FELLOWS SHANE, by accepting municipal water service, has not agreed to the annexation of his residence into the City of Bozeman, nor shall the City cause annexation of the Shane residence due solely to its provision of municipal water to said residence, The City, however, shall retain the right to commence annexation proceedings for any other reasons permitted by state law, 9. That THOMAS p, SHANE, JR, and LE ANN FELLOWS SHANE shall execute those documents necessary so as to grant the City an easement upon their property to the extent necessary to permit the periodic reading of the water meter, 10, That THOMAS p, SHANE, JR, and LE ANN FELLOWS SHANE shall use municipal water only for domestic (in-home) purposes, and not for irrigation purposes or any other outdoor purpose. 11. This Agreement contains the entire agreement between THOMAS P. SHANE, JR, and LE ANN FELLOWS SHANE and the City of Bozeman with regard to all matters set forth herein, and shall be binding upon and inure to the benefit of the 3 - . . 13, The parties hereto agree to cooperate fully and execute any and all supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement. 14. This Agreement shall become effective immediately upon its execution by each of the parties hereto. IN WITNESS WHEREOF, the parties have hereunto seUheir hands this 3rd day of April , 1995. ITY OF BOZEMAN "f,. ? 1t"" - ~~, 1 THOM S p, SHANE, JR, AMES E. WYSOCKI, City Manager d-e 4t~ ~j~ tiiIffo ~ ~ LE ANN FELLOWS SHANE PHILLIP J, . O~E , Directm f;rJ? ~ RY G. J 'CONNELL, /I Attorney fo City of Bozem'a 4 BCW/ASC-6091 , - "". _0"" ."'. - , EXHIBIT . . ~ I A BOZEMAN CITY WATERWORKS 6091 AfeLICATION FOR SERVICE CONNECTION To the CITY OF BOZEMAN, MONTANA The undersigned, hereinafter referred to as the applicant. hereby makes application for service connection with Bozeman City Waterworks, owned and operated as a publiC utility by the City of Bazeman. a municipal corporation and body politic of the State of Montana, in Gallatin County. hereinafter referred to aVI) the City, such connection is to be made with property :.. the:. S:1) IIf1.lm .:.f It.ll Sit) llf El.ell:llmas, e, p,eplll"l) dllollO led by the Oito, 00",1 "iIl3:':'.. M dc..l:.l>bl.:. r6, ell II ...^.dion I... II.... 13:1,. Q4:lllI:ti.. 0<3.....1" Mo"I&...4 owned by the applicant. and described as follows: House No, Street or Avenue Lot Block Addition THOMAS P. SHANE, JR. Owned by Occupied as This application, if granted, is subject to all of the rates, rules and regulations of the Bozeman City Waterworks on file with and approved by the Public Service Commission of the State of Montana, as the same exist at the date hereof and as they may hereafter from time to time be changed or amended, The applicant hereby acknowledges notice of the aforesaid rates, rules and regulations, and that a comply thereof is on file In the OffIce of the Clerk of the City Commission of the City of Bozeman, in the Municipal Building af the City. and open to examination and inspection at any time said office is open for the transaction of business, This application Is also subject to the following specific provisions which. in consideratian of the granting of this application and the cost of the material, labor and equipment furnished and provided by the City for such service connection, whether new or renewal, the applicant expressly agrees to: 1. The connectian shall be made by the City, el'l slieA JlreJlel'tiee ill tAS City limits, er JlreJlel'ty lfeemelf by the City Com",ieeiell ae lfeeirable fer aAI'I~f j atiel'l te the eil), with its water main at the point or place deemed by the City to be most suitable, and shall be conducted thence. by such means, methods and equipment. and by such route and routes as the City shall select. to. upon. across and into the premises above described and into any building and buildings located thereon and for which such water service is desired, !. Ir _id ..",1\0, ;:O.;/IV;l,.c ..U.II II""tiU" i:o .. ...... (u.ill;....I) i....l'd.llatio... II ,e applicat.t .1hatl dapo3it the GO!t thereof, tc3 ealil'l,atGd ~, th6 Oity. 'iiitI'I.lhi3 'ffi ..pplic.&lio". 11,..0 e.ent .1hall o!IJ'\y 311Ch in3tallation eommllnel!l1l1'ltl13aid dl!lpel!lit Ie resewed, The aJlJllillllAt sAall be '6eJl8"sible ellly fer tAe aetlial ellJleflae i,,,,u,.ed by the o;t) tol .1.....1, i, ,~ttdl..t;""" If il,y &.1......1 exp..".!.6 ;j IG.},1 ltIdl, the dell6sit reeeived, the Ci~ shall reftt"d the diffe,e"e8; If the aetlial e)(Jls"se is "'ere the" the .LjX.~:t ,/lcoi.ed, the Oit) .1hall b:lIl1 '.. ........1;..... 11 r..., tl,e d;ffe, e.,CC, The City shall bear the cost of any renewal Installation, maintenance. repair, or other work on the applicanrs property which the City deems necessary up to a distance of 60 linear feet from the praperty line, The applicant shall be responsible for the actual expense incurred by the City for the portion of a renewal installation or any necessary maintenance, repair or other work in excess of said 60 feet. 3, There is hereby granted to the City, an easement of right.of.way in. to, upon and across the above-described premises, and of ingress and egress, for the purpose of installing, maintaining, controlling, inspection, and repairing the water service connection hereby applied for, and for any other needful, useful or convenient purpose in and about such installation, maintenance, control, repair and/or inspection of such water service connection, whether new or renewal; and such easement of right.of-way and of ingress and egress shall continue as long as said water service connection, whether new or renewal, shall exist and be in use, And the City, by and through its duly authorized agents, servants and employees, shall have the right at all reasonable and/or necessary times. to go upon, over and across said premises, and into any building or buildings located thereon to which water is supplied by such water service connection, for the purpose af installing, maintaining, controlling, repairing, removing and/or inspection such water service connectiofl or any part thereof, and to turn on and shut off the water and to do any necessary excavating on said premises for said purpases and/or any of them. and for any other needful, necessary. and/or convenient purpose in and about the operation and control of such water service connection. so long as the same shall exist. ' ' 4, Reasonable care will be exercised by the City in the selection of material for, and in the installation of, the water service connection hereby applied for, and in the inspection, maintenance and repair thereof, by the City shall not be responsible for damage caused by breakage, leakage, failure af service, or any other damage not t result of its failure to exercise r asonable care, '(~ IN WITNESS WHEREOF the applicant has here unto set his hand this day of ,19 Applicant <t? JL-.- ACKNOWLEDGMENT STATE OF MONTANA) '- : ss. County of Gallatin ) day of 1fY';L On this , 19 f:C... before me, the undersigned, a notary public in and for the State of Montana, personally appeared , ,a...- known to me to be the person whose name is subscribed ta the bove and for oing instrument as applicant, and acknowledg d to me that he executed the same, IN WITNESS WHEREOF I here unto set my hand and affix my notarial seal the day and year in the certificate first writt Natary Public for Sta My Commission expires: . THE CITY OF BOZEMAN . 411 E, MAIN ST, P,O, BOX 640 PHONE (406) 586.3321 BOZEMAN, MONTANA 59771-0640 (b <<J) rPY April 7, 1995 Barry G. O'Connell Moore, O'Connell & Refling P.O, Box 1288 Bozeman, Montana 59771-1288 Re: North 17th Water Services Dear Mr. O'Connell: Pursuant to our telephone conversation, enclosed please find one (1) original of each of the three agreements for the provision of municipal water service between the City of Bozeman and the Arts, Plumbs and Shanes. The City will retain the other original of these agreements in the files maintained by the Clerk of the Commission. Thank you for your assistance in this matter and for forwarding the originals and any copies you deem appropriate. Please contact me if you have any questions. Sincerely, /1:/1. {; j% lw~ P:I~L~V~V FORBES Director of Public Service PJF/ev cc: Paul J, Luwe, City Attorney craig Brawner, City Engineer Larry woodward, Assistant Sewer & Water Supervisor HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK ----------- - - ...---.--.-.-