Water System AgreementAGREEMENT
THIS AGREEMENT made and entered into this / day of
1980, by and between the GREENACRES WATER ASSOCIATION, a Montana non-
profit corporation, and THE CITY OF KALISPELL, a municipal corpora-
tion,
WITNESSETH;
WHEREAS, on or about Dec. 14, 1945, C. N. Fairbanks and others
did, by contract, form a non-profit association under the name of the
Green Acres Association, for the purpose of diverting water from the
municipal water system of the City of Kalispell for the use of said
contractile- persons and others to the homes of said persons in the
area southeast of the City of Kalispell city limits; and
WHEREAS, thereafter a water system in furtherance of said pur-
pose was built and established by said association and water secured
from the City of Kalispell for the use of said persons; and
WHEREAS, it later became to the best interests of said persons
so associated to incorporate under the laws of the State of Montana;
and, on April 23, 1952, Articles of Incorporation were duly filed in
the office of the Secretary of State, State of Montana, for the Green -
acres Water Association as the successor of the Green Acres Associa-
tion and its water system; and
WHEREAS, over the course of intervening years said water system
has been improved and expanded and has faithfully served the original
members and stockholders as well as others who have acquired rights
to water by various other means; and, now with the City of Kalispell
expanding its boundaries into and around areas served by said Green -
acres Water Association system it has developed to be in the best
interests of said Greenacres Water Association and its members, to
have its water system completely taken over and operated by the City
of Kalispell and incorporated into the City's municipal water system
as an integral part thereof; and
WHEREAS, the City of Kalispell, as the operator of a municipal
water system is agreeable to accept all of the assets of the Green -
acres Water Association as a part of the City of Kalispell water sys-
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tem, and continue to serve with water those persons presently served
on said Greenacres Water Association system,
NOW THEREFORE, in consideration of the mutual benefit to accrue
to the members of Greenacres Water Association and to the City of
Kalispell,.the parties do agree and covenant as follows:
1) Greenacres Water Association does hereby covenant, sell
and grant to the City of Kalispell all water mains and
equipment of the Greenacres Water Association in place and
operating to serve the Greenacres Water Association members,
stockholders and others with water. The Greenacres Water
Association also will forthwith convey to the City of
Kalispell all other assets and monies held and owned by
the said Greenacres Water Association. Service lines of
customers served through Greenacres Water Association shall
continue to be owned by individual customers.
2) The City of Kalispell will hereafter operate the Greenacres
Water Association system as an integral part of the City of
Kalispell water system and maintain it to the same standard
as it now or hereafter maintains the balance of the City's
water system. All monies turned over to the City by the
Greenacres Water Association will be spent specifically for
maintenance and improvements of the water lines hereby
acquired by the City.
3) Patrons of the water lines thus acquired by the City will
continue to be charged for water at the rates approved by
the Montana Public Service Commission for customers simi-
larly situated and served by the City Water Department.
The City will furnish water to new.customers in the area
formerly served by the Greenacres Water Association in accord
with existing policies of the City and as required by the
Montana Public Service Commission.
4) The Greenacres Water Association will furnish the City
Water Department Superintendent any maps, charts or plans
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of the system hereby being transferred to the City.
IN WITNESS WHEREOF we have hereunto set our hands and seals
the date and year first above written.
- SEAL -
-- SEAL -
STATE OF MONTANA
ss.
County of Flathead
GREENAS SOC IO
i
BY -)President
ATTEST_: /C ��
_ �•��'ll`ii� �`. ��yar Secretary
THE CITY OF KALISPELL
� a
BY `i�-� xe :,,.,. Mayor
ATTEST: ty Clerk
On this day ofa /
, 1980, before me, the undersigned,
a N tary P blic n and for he St aforesaid personally ap eared
Pares 'dent, and
ecretary, known to me to be the persons who executed the within instru-
ment on behalf of the GREENACRES WATER ASSOCIATION, and acknowledged to
me that said non-profit corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal the day and year first above written.
STATE OF MONTANA
ss.
County of Flathead
Ndta"ry Public for the State of Montana
Residing at Kalispell, Montana
My Commission Expires: _. "
On this 1 day"ofp. r_ 1980, before me, the undersigned,
a Notary Public in and tt(# State of Montana, personally appeared
NORMA E. HAPP, Mayor, and MARJORIE GIERMANN, City Clerk, known to me
to be the persons who executed the within instrument on behalf of THE
CITY OF KALISPELL, and acknowledged to me that said municipal corpor-
ation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal the dayand ear f'r,st above written.
Y ..,
Notary Public for the State of Montana
Reid'ing at Kalispell, Montana
My Commission Expires: 7-7-81
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