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HomeMy WebLinkAboutPublic Utilities Committee Minutes 01.22.1998_ r MINUTES PUBLIC UTILITIES COMMITTEE JANUARY 22, 1998 3:35 P.M. OLD COUNCIL CHAMBERS PRESENT: Norman Orr Miles Walton Lorraine Craig Dave Michael Larry McCann Phil Curry Gay Easton Andy Loebe Pat Kimmett Russ Lowell 1) Cenex Refinery Water Tap Issue. Larry presented copies of the agreement from the Water Task Force, Morrison Maierle and Cenex Refinery. The agreement addresses the issues from the Water Task Force, City of Laurel, and Cenex Refinery. Motion by Dave Michael, seconded by Norman Orr to give the committees blessing for the Mayor to sign the documents, with the City Attorney's approval. Motion was carried with Miles Walton abstaining from voting. 2) Discussion of River Issues with Morrison Maierle and Cenex Refinery. Larry is working with the Corps of Engineers to obtain their involvement for a permanent solution to the problem of water to the intake pier. Morrison Maierle's Hydrogeologist plans to review the river for permanent solutions. Larry has also contacted Jim Kraft with the County, and the state personnel in Helena and Billings. Larry will keep the committee informed. It may take as many as 1 to 2 years to fix it. 3) Water Pipe to Riverside Park. This has already been approved by the Committee, but needs approval by the City Council before any action can take place. Discussion on possibly obtaining a loan from a local bank. There will be a resolution at the next council meeting. Respectfully submitted, Dave Michael AGREEMENT FOR INSTALLATION OF FIRE PUMP This Agreement is made this day of January, 1998, by and between the following: The City of Laurel, Montana, a municipality in the State of Montana, of P.O. Box 10, Laurel, Montana 59044, hereafter "City" and CENEX, INC., a Minnesota corporation, authorized to do business in the State of Montana, of P.O. Box 909, Laurel, Montana 59044, hereafter "Cenex" WITNESSETH. WHEREAS, the City of Laurel is the owner of an 18" water main-that runs from its water treatment plant on the banks of the Yellowstone River northward to the City; and WHEREAS, Cenex has approached the City of Laurel about allowing it the right to access water from the water main with a 14" tap; and WHEREAS, the City agreed to the installation of a "T" to allow a new fire pump to be connected to the 14" tap; and WHEREAS, the City intends by this agreement to grant Cenex the right to use said "T" to supply water to a new fxe pump, provided that Cenex agrees to cap or blind off the 8" tap currently supplying water to the East Cenex Tankfarm; and NOW, THEREFORE, in consideration of the mutual terms and conditions contained herein, the parties agree as follows: 1. Installation "T". The parties agree that the "T" which was the subject of a prior agreement reached in March 1997 between the parties has been installed. 2. Use o "T" For P &w Fire Pum . The parties agree that Cenex shall have the right to use the "T" which was installed earlier in 1997 in the 18" water line located on the east side of Highway 212 near the East Cenex Tankfarm for the purpose of supplying water to its new fire pump upon the following terms and conditions: a. Cenex agrees that it will not install the fire hydrants intended to service the East Cenex Tankfarm which were approved by the City of Laurel in 1994; b. Cenex agrees to cap, blind or otherwise isolate the 8" tap that is currently supplying water to the East Cenex Tankfarm so that it can no longer be so used; C, Cenex agrees to uW12:6 or operate its strain fire water pump only if a diesel fire pump is locked out of service; d. Cenex agrees to operate its new fire pump in a manner such that the water pressure at the "T" shall not be below 30 psig. 3. Cost ofAreiv fire Pump. Cenex shall bear all cost associated with its new fire pump, including its installation co s.ls. 4. Ownership Qf the New Eire EUMPI Once the new fire pump is installed, it shall be the property of Cenex. 5. Entire Agreement:-Alteration or Modification. This agreement contains the entire agreement between the parties and supersedes any and all prior negotiations and understandings. This agreement shall not be modified, amended or changed in any respect except by written document signed by each party or an authorized representative of each party. 6. ind'n ect. This agreement shall be binding upon the parties hereto and their Eff respective successors, legal representatives and assigns. 7. Attorney 's Fees and Costs. If suit is brought, or if an attorney is retained by either party to this agreement to gnforce the terms of this agreement, the prevailing party shall be entitled to recover, in addition to any other remedy, reimbursement for reasonable attorney's fees, court costs, and other related expenses incurred. Agreement dated this CITY OF LAUREL By: day of January, 1998. CHARLES RODGERS, Mayor f kenex\Frepump.agr CENEX, INC. By: RONALD E. PLETCHER Its Vice President -2-