Minto City Ordinances


ORDINANCE #184

AN ORDINANCE AUTHORIZING THE CITY OF MINTO, WALSH COUNTY, NORTH DAKOTA TO CONTRACT FOR THE PURCHASE OF WATER FROM WALSH RURAL WATER DISTRICT, A POLITICAL SUBDIVISION, FOR A TERM, NOT EXCEEDING 40 YEARS.

BE IT ORDAINED, by the City Council of the City of Minto, North Dakota, as follows:

Section 1.  It is hereby declared that the City owns a system for the distribution of water for fire protection and other public purposes and for selling water to its inhabitants.  The water treatment plant is unsuitable for the future needs of the City and it is necessary to make significant improvements to the water plant or to find an alternative method of accessing potable water.

Section 2.  It is hereby declared that Walsh Rural Water District is a North Dakota Water District and a political subdivision under the laws of the State of North Dakota able and willing to furnish water to the City for its water system in accordance with a WATER PURCHASE CONTRACT complying with the provisions of § 40-33-16 of the North Dakota Century Code, said political subdivision undertaking to furnish potable water meeting applicable purity standards of the North Dakota State Department of Health in quantities as required by the City at an agreed rate or rates for all water taken by the City under said contract.

Section 3.  The City hereby agrees that upon the completion and acceptance of the improvements and equipment necessary to take delivery of water under the contract, it will initially, and thereafter periodically, amend its water rates, to establish and maintain rates and charges for supplying water to its inhabitants and industries sufficient to produce net stated amounts during the life of said WATER PURCHASE CONTRACT over and above the amount sufficient to pay all costs of operating and maintaining said water system, including operating reserves and revenues to be paid into the water general fund.  The net stated amounts so collected shall be and are hereby appropriated to the utility operation and maintenance account to be used for the monthly payments to become due under the WATER PURCHASE CONTRACT.

Section 4.  The WATER PURCHASE CONTRACT does not provide that the City shall be obligated to pay for water solely out of net revenues, but it is hereby declared as the policy of the City that provision shall be made in each annual budget for any deficiency in the net stated amounts of charges for supplying water which is then deemed likely to occur within the next year.

Section 5.  The City agrees to pay at the rate or rates agreed upon in or pursuant to said WATER PURCHASE CONTRACT for all water taken by the City under the contract and resold by it.

Section 6.  Upon approval by a majority of the voters voting on the proposition and the adoption by the City Council, Mayor and the City Auditor are hereby directed to make and execute on behalf of the City, a contract with the above named Walsh Rural Water District, in accordance with the terms of the Ordinance and § 40-33-16 of the North Dakota Century Code.

Section 7.  Upon approval by the majority of the voters voting on the proposition and the adoption by the City Council, Mayor and City Auditor are hereby authorized to enter into a joint powers agreement under Chapters 61-35 and 54-40.3, North Dakota Century Code, with the current members of a regional water supply system, the City of Park River and Walsh Rural Water District.

Section 8.  The City, upon the approval of this Ordinance by a majority of the voters voting on the proposition, shall do and perform any other acts, which in the discretion of the city governing body are deemed reasonable and appropriate for the procurement of water under said WATER PURCHASE CONTRACT in the most efficient and economical basis.

Section 9.  This Ordinance shall be in full force and effect from and after its final passage and approval by a majority of the voters of the City voting on the proposition.

                                                                        ___________________________________
                                                                        JOHN G. RISKEY, Mayor
                                                                        City of Minto, North Dakota

Attest:  ______________________________
            TAMARA J. ULLAND, City Auditor
            City of Minto, North Dakota

First Reading:               April 16, 2008.
Second Reading:           May 5, 2008.
Final Passage:               May 5, 2008.
Approval at City Election: