April 1952
CONTRACT AND AGREEMENT made and entered into thi
and between the COBB COtmTY-MARIETTA WATER
and a
tytl,
hereinafter referred to as
i
was created as a
t:tcal subd:t-
a and tEl. publ:tc on thereof by
y of' such state.. approved February
as the nCobb tta Water Author-
) ; and
of Cobb.. the C:tty of' Mar:tetta and
espect:tve water d:tstribut:ton systems; and
as the County of' Cobb are ob-
of water from the C:t of'
a inch main of' the
Four-Lane Hi
of' water of the Ci
and
u. s.
..
of Mar:tetta
growth of Cobb and
the past decade, the
on f'rom ,272:tn 1940 to
off'ic:tal Federal Census for such
of the County and :tts
growth was due :tn part to the re-
of the Lockheed A:trcraft Corpora-
:tn the located
the present supp of' water
be furnished.. the Ci
is who inade e to meet
of' the Ci
of' the
of' Atlanta
of' Cobb
of' the af'oresaid munic:tpalities located therein request:tng that the
Ci of' Atlanta an additional supply of water to meet and
ly the present and future needs of the County, including the
o a, the construction of' one or more addit:tonal
m
supply mains and other facilities; and
WHEREAS, the Ci of Atlanta has advised the County and
muni ties that the City of' Atlanta cannot sup-
p service in Cobb County, and in f'act f'inds it
desirable to discontinue or substantially curtail the water
service now being rendered as af'oresaid; and
WHEREAS, in view of the above it is and has been impera-
tive that the City of' Smyrna as well as the County of' Cobb and the
City of' Marietta, f'or the well being of' their citizens and the
enance of' their civilian economy, procure as soon as possible
a new source of' water supply that will adequately accommodate the
needs of' each and of' their present and f'uture citizens and other
users of' water; and
WHEREAS, neither the of' Cobb nor any of the afore-
said munic alities located therein has available suf'fic:tent re-
sources or credit to enable it, ac alone and without the as-
sistance of' others, to develop a water supp system to
f'urnish ds or the needs of' others, :tncluding various munic-
ties other than the Cities of' Marietta and ; and
WHEREAS, f'or the above reasons and since the critical
existing allover the County has been imminent f'or
zant of'f'ic:tals of' the of' Cobb and of' the
of' Mar:tetta, Smyrna, Acworth and Kennesaw located
jo:tnt action and endeavor cause the Cobb C
Marietta Water Authori to be created by the slature of' the
State of' as af'oresaid; and
WHEREAS, the Authority was activated and organized on
1951, and has been dil f'uncti since and has
all s f'or, and is contemplating. the
construct:ton of' a water supply system to adequate serve
of' Cobb and various municipalities therein at an
initial cost of'$3. ,600; and
completed will make
water
some time,
c
March 21,
made subs
potable water in ties suf'f'icient f'or the needs of' the Ci
and will be sold to the Ci on a wholesale basis; and
WHEREAS, the Authority in order to f'inance the acquisi-
tion and construction of' the lated system :ts prep to
sell its revenue bonds :tn the approximate amount of
(whether :tssued in an amount more or less than such
figure, together with any add:tt:tonal bonds to be :tssued by the
Author:tty and any ref'unding bonds :tss :tn l:teu of' such bonds,
here:tnafter called the "bondsH) for the construction of a modern
plant on the oochee R:tver and the necessary reservoirs and
treatment f'acil:tties and the erection and construction of'
f'ac:tl:tt:tes and e l:tnes capable of p and transmitting an
adequate water supply for Cobb County and certain munic:tpalit:tes
there:tn, :tnclud:tng th:ts City; and
WHEREAS, :it :ts known to both part:tes that the Author:t
w:tll use th:ts contract as the bas:ts f'or the of' cred:tt
through the :tssuance of' the Author:ttyfs bonds and as the means f'or
the payment of' the pr:tncipal of and :tnterest on such bonds; and
WHEREAS, the C:tty recogn:tzes the f'act that the Authority
must of' necess:tty m s:tmilar contracts w:tth Cobb County and with
other es; and
the Authority :ts des:trous of sell:tng unto the
C:t , and the said C:tty :ts des:trous of purchasing f'rom
the Author:t :tts entire water requirements f'or the period of time
on terms and oonditi s as mutually agreed upon and as hereinafter
in detail set f'
and
WHEREAS, :tn add:tt:ton to the powers of' contract
unto the Authority :tn the af'oresaid Act under which it was
e) of' Sect:ton 4 of' sa:td Act specifically
the Authori , and unto the munic corporat:tons and
th:ts State des to contract with the Authori the
spec:tf':tc right to so do:
and
WHEREAS, the Const:ttut:ton or the State of Geo
Art:tcle VII~ Section VI, Paragraph (a) contains the fo
,
prov:ts:tons:
te inst:ttutions, any city, town,
ounty or this state may contract
t exc years, w:tth each
publ:tc ~ public corporat:ton
or herearte eated f'or the use
:tons or the res:tdents thereof' of'
erv:tces 0 he State~ state :tn-
y, :tc:tpality, county,
:tc corpo on or author:tty,
acts sha deal w:tth such ac-
t:tons as such subdivis:tons
zed to undertake.tt
NOW~ THEREFORE, :tn cons:tderat:ton of the prem:tses and the
mutual undertak:tng as hereinaf'ter set out it is contracted and
agreed by and between the Cobb County-Mar:tetta Water Author:t and
the City of'
, e
act:tng by and through :tts duly authorized
of'f'ic:tals.. governi
and ord:tnances duly,
uthor:tties and agents pursuant to resolut:tons
and properly adopted, all as same ap-
pear on the of'r:tc:tal m:tnutes and records of' each:
Sect:ton 1.
Subject
to the provisions or Sect:ton 13
the
Author:tty agrees to sell and to del:tver to the City at a
, and the City agrees to purchase and
or points all water
the period of' th:ts agreement ror its own use and f'or distribut:ton
to all the cust
or hereaf'ter served
the Ci ty' s water
shall be
hereof', or such longer period as any or
IS bonds are outs
and unp a:t d .
Section 2"
T.b.at the
at wh:tch said water shall be sold is to
to time by the Author:tty in a manner here-
that the rates f'or water
the ent:tre term of' the w:tth:tn agreement
charged other wholesale munic
al pur-
the Authority, such as the C
of' Marietta, Acworth and Kennesaw
located there:tn.
Section 3.
at there :ts hereby establ:tshed an init:tal rate f'or the
water to be f'u
ereunder of' n:tneteen cents (191) per thous-
and
wh:tch water service by the Author-
, which rate shall remain :tn eff'ect f'or a
of at
leas
:tty
ced.
Sect:ton 4.
hereto
ze the
ion of the Au-
f'rom time to time revise the rate of' com-
and services rendered by the Author:tty to
so that the revenues of' the Author:t
the Author:tty to ef'f':tciently
and perf'orm :tts obli
ons covenanted to
author:tzing the :tssuance ot' the
the rates so established shall be
s revenues t'rom all :tts customers to de-
expenses, costs and
s, and to es-
llowing reserves:
of' current operat:ton, ma:tntenance
ma:tntenance and cia-
of' same to be determ:tned
consult:tng ers or by
ements that the Author:t enters
on with the f'inanc of' project
revenue bonds :tssued by the
nk:tng f'und reserve require-
same.
eS as determ:tned by the Authori
and :tmprovement of' the water sup-
Sect:ton 5.
s that :tn establ:t
adjust:tng and
rate of' compensation t'or water sold and delivered
be established at the lowest f':tgure poss:tble
s of' Sect:ton 4 above.
Sect:ton 6.
all t:tmes to establ:tsh and maintain
5
for water d:tstributed to its users
its ability to perf'orm :tts obl:tga-
further agrees that the amounts
for water received
:tt shall be
its
wa
charge
rank:tng
of' its water system
w:tth the
s for sal-
aries..
operating expenses.
The
Sect:ton 7.
ty shall f'urn:tsh.. install.. operate and main-
ta:tn at its own expense an appropr:tate meter or meters on the line
or
s of the
at all
where
r:tty at the delivery point or
Author:tty to the City.
The Ci
water :ts to be f'
shall have the r
to inspect such met
reasonable times upon pr:tor arrangements w:tth the Authority.
Sect:ton 8.
That on
day of each calendar month the meter or
d to measure the water f'urnished by the
as
unto the C:tty shall be j
read by authorized repre-
the Authori
and of' the City at a mutually agreea-
that the City shall fa:tl to have its
ble time, and
present at such agreed time,
meters made by a e
the Author:tty shall be final, conclusive and
upon the Ci
Section 9.
meter read:tng or
at the times
and :tn the
the Author:t
shall render unto the
on or
day of' each calendar month a bill for
the prec
calendar month, and
the
day of' the calendar month
on f'a:tlure to so pay, the
d:tscontinue the water service
ded
Sect:ton 10.
j
J
I
the aforesaid meter or meters shall
6 -
f'or a
od or time f'ail to f'unct:ton properly and as a result
to ac measure the water pas through same,
event the s due hereunder shall be computed
e average da:t oonsumpt:ton shown by such meter or
operly runot:ton:tng, or by the total use water
any or such per:tods as determined by the :tndiv:td-
the City ir readings of' same be available ror
proper allowance f'or use by the C:t
a comparable per:tod,
or water.
Section ll~
any or the terms
to any
shall be
Authori
That :tf'
11
eement shall ar:tse with rererenoe to
:tons or this oontract. or w:tth rererenoe
with same. such d:ts or d:tspute
deoided by arb:t The
arb:ttrator and the C:tty one arbitrator,
11 select a third arb:ttrator, and two
oontrol. and the:tr decision :tn the
on both of' the part:tes hereto, without
that if' the two arb:ttrators f'irst chosen can-
, suoh third arbitrator 1 be appointed
Court of' Cobb County upon at:ton
the parties hereto.
Sect:ton 12.
so
w:tll a
and the two so
or the three
ment
The Author:t shall never have the right to demand pay-
the Ci of' any obl:tgation assumed or sed on :tt under
of' funds raised or to be raised
The on under this contract shall never
C:tty of' such kind as to re :tt
a tax to dis such obligation, it
stood by the part:tes hereto that all payments due
der are to be made f'rom water and/or water and
by the C:tty.
Seotion
majeure either p hereto
in part to carry out its
ement, other than the obligat:ton or the
under the terms then :tf'
not:toe and rull :toulars or suoh f'orce
to the other p w:tth:tn a reasonable t~me
ce of' the event or cause relied on, the obl:tgat:ton
of the p such notice, so f'ar as :tt :tS arf'ected by such
force majeure, shal~ be suspended d~:tng the continuance or the
:tnab:tl:t then cla but ror no p and any such
p shall endeavor to remove or overoome such inabil:t w:tth
all reasonable d:tspatch. The term tlForce Maj as employed
herein, shall mean aots of' God, strikes, lockouts, or other in-
dustrial disturbanoes, acts of' 0 enemy, orders or any k:tnd
of' the Government or the United States or the State of' or
any o:tvil or m:t author:t :tnsurrections, r:tots, epidem:tcs,
landsl:tdes, , f':tres, hurr:toanes, storms,
rloods, washouts, s, arrests, restraint of' and
p e, o:tvil d:ts s, explosions, or acc:tdents to
p e l:tnes, or ent:tre f'a:tlure of' water supp
and on part of' the Authori to deliver water hereunder,
or the City to reoe:tve water hereunder, on account of' any other
oauses not reasonably w:tthin the control of' the p c
such inabil:tty.
C:t
ons under th:ts
make the p
shall
Section
This oontract may be or mod:tf':ted, but no such
or wh:toh w:tll advers affeot
the p due of' all monies r to be pa:td
the Ci under the or th:ts contract, and no such or
mod:tf'ioation shall be eff'ect:tve wh~ch :tn any respect any
s~ons of the resolution or the Author:tty under which :tt has
:tssued ~ts revenue bonds.
Sect:ton
That should any e, clause, sentence, or
contract and agreement be held inval:td or uncon-
of' competent jurisd:tction or th:ts State
r or respect whatsoever it
shall :tn nowise af'f'ect any or all of' the prov:ts:tons,
all of wh:tch shall rema:tn in f'ull force and ef'fect.
IN WITNESS EOF, the ies hereto ac and
their duly author:tzed of'f:tcials and of'ficers, pursuant
to r:tate resolut:tons and ordinances here:tnbef'ore duly and
prop adopted by have caused this contract and agreement
to be executed in duplicate and the of'f':tcial seals of' each prop-
aff':txed, each d ng to the other a manif'old the
f'ull f'orce and eff'ect of the , the and year first
above wr:ttten.
COBB COUNTY-MARIETTA WATER AUTHORITY
CITY OF SMYRNA
- 9 -
be1;;liifoen
cont.ract
of "the
the Aut.hon t.y :tor
on t.erm15 and
to furnish
i tel ent.:irt~ wat.er
years from t.he aforesa:id
set. ft:>rtr, in such C'oni:,rac .
t.o t.h e
of t.he amend.nlent he,
an addt t.ional
for
au thor:tl!!\e<;
l!fl1hmi t.tin.
o:f
of :f:i:fty
:for a
because 01' .tremendously
AU.t.har:i ty, incl:udtng Ule
its
future'
oont.ract. made and ent.ered int.c on t.he 2nd
:is made and ent.ered :int.o t.his day o:f:
Wat.erAut.horit.y, a po2:it.ical
a pubJ.1c t.hereo:f:, (hereinaf'ber
o:f: t.he Part. and 'the 01'ty 0:1:
and Ooun'ty, (hereinaf'ber re:f:erred 'to
o:1:ore issued $3" J.OO)ll 000 prinoipaJ. amoun't 0:1:
Bond~" dat.ed 14ay J... (hereinafter
:1 under provisions 0:1: 'the ltOo'bb Oount.y-
J.9SJ.,j; page 497" e't fJ and appJ.ied 'the
acquisi't10n,cons'truo't:ion and of a
and dist.r:ibu't:ion
or
and is
end
i:.he sa:i.d
and
crder "to keep pace wit.h
increase 1"ts
of
and
t.he Au'thor:.tt.y is
en 'tire wa:ter
0;;;:: t.ime a."1.d under 'th9
a.1.d
'to produoe funds 'to in whoJ.s or
and of improving" and ..
suoh. improvemsn'ts and add:i.i:>:ions
Wa'tar Au'thorit.y Revenu.e
as Series J.9;;7
'to
J. M. GillSON. Ma"o,
Ph""" S-MiIl
>>
CITY IN THE SOUTH
9>
ATt..ANTA
AUGUSTA
SAVANNAH
-:III~~
-=l'=-
ATLANTA,GE:ORGIA
CRAIG BARRO:W. .,JR.
HAGOOO CLARKE
ALLEN CRAWFORD
FREEMAN N__ JELKS
THOMAS M. JOHNSON
LEX JOLLEY
WfL.EY J, SM1TH
JULiAN A_ SPACE. .Ja.
BLOG.