1997 Xenia Rural Water File (Water User's Agreement Form)
Dublin Core
Title
1997 Xenia Rural Water File (Water User's Agreement Form)
Subject
Xenia Rural Water District; Xenia Rural Water; Xenia; Rural Water; Water User's Agreement; FMHA; membership fee; connection fee; minimum monthly charge; easement; lump sum payment; termination; water shortage; Dana, Iowa; Greene County, Iowa
Description
Blank Water User's Agreement between Xenia Rural Water District and a member, with handwritten terms of a $300.00 non-refundable connection fee and a $35.00 + tax monthly minimum for up to 2,000 gallons. A member who cancels, is terminated or leaves owes a lump sum equal to the average initial project cost per member, unless the board reduces it. The form is undated; it is filed under 1997 with the customer sign-up packet, whose cover letter lists a Water User's Agreement.
Creator
City of Dana, Iowa
Source
Xenia folder, City Hall
Publisher
City of Dana, Iowa
Date
1997
Contributor
City of Dana, Iowa
Format
Printed legal-size form with handwritten amounts
Language
American English
Type
Public government records
Coverage
Dana, Greene County, Iowa
Text Item Type Metadata
Text
(FMHA Approved) WATER USER'S AGREEMENT No. ______
[unused form; name, address, phone, property description, number, date and signature are blank. The amounts in paragraphs 2 and 8 are handwritten.]
Name:
Address:
Phone:
Property Description:
THIS AGREEMENT is made between Xenia Rural Water District, an Iowa non-profit corporation, (the "District"), and the person(s), firm or corporation first named above, as a Participating Member of the District, (the "Member"), and PROVIDES AS FOLLOWS:
1. At the location shown above, the District shall provide the Member as soon as practicable with such quantity of water for domestic and farm purposes as the Member presently desires in connection with the Member's use or occupancy of such real estate, subject to the conditions and limitations stated below.
2. Immediately upon execution of this Agreement, the Member shall convey to the District in consideration of this Agreement and without further payment by the District an easement in the form and of a nature requested by the District concerning the real estate described above as may be required for the purpose of installing, maintaining, removing and relocating water lines and related equipment in connection with its system, and shall pay the District upon such execution a non-refundable fee of $ 300.00 to connect to the District's planned water distribution system.
3. Beginning from the District's final delivery point upon the real estate described above as determined by the District's Engineers, the Member shall have a qualified person install and maintain, at the Member's sole expense, appropriate water service piping and apparatus to meet the Member's present water needs; provided, however, that such shall not be connected in any manner to any source of water other than the District's distribution system.
4. The District shall provide at or near the final delivery point and at District expense an appropriate cut-off valve and water meter on the District's distribution system. Such cut-off valve and water meter shall be and remain the sole property of the District and shall be for its exclusive use. The District shall have a right of access to the cut-off valve, water meter and distribution line.
5. If the Member fails or refuses after having signed this Agreement, once water becomes available from the District, to connect to the final delivery point or to pay each month the minimum water use rate, or in the event of the cancellation or involuntary termination of the membership of the Member, then the Member shall immediately make a lump sum payment to the District equal to the average initial project development cost per member based upon the total initial cost of the District's water supply, treatment, transmission and distribution system, and calculated as of the date of the Member's failure to pay, or his cancellation or involuntary termination of membership; provided, however, that the District's Board of Directors may adopt from time to time such rules or regulations which may reduce the required payment the Member must make upon refusal to pay the monthly minimum use rate or in the event of cancellation or involuntary termination of his membership.
6. The Member may not allow any other household, firm or corporation to receive water supplied to the Member by the District without prior written approval from the District's Board of Directors.
7. If the District should declare that a water shortage exists at any location within the District's distribution system, the Member hereby consents to an allocation of water by the District's Board of Directors on such basis as the Directors may deem equitable in consideration of the following order of priority uses: basic and necessary domestic purposes; livestock watering purposes; lawn and garden purposes; all other purposes.
8. The minimum monthly charge to the Member for each month water is available to the Member from the District shall initially be $35.00 + TAX; however, the District may, from time to time, in its sole and absolute discretion change such minimum monthly charge. The minimum monthly charge to the Member provided for in this paragraph shall, subject to the provisions of paragraph 7, entitle the Member to receive during each such month for which such charge is assessed a maximum of 2,000 gallons of water from the District. The Member shall pay the District for the Member's use of water in excess of 2,000 gallons during any month an amount determined by the District based on such rates for said water usage may be, from time to time, established by the District in its sole and absolute discretion. The time or times when the payment of the charges and amounts owed by the Member to the District under the terms of this paragraph become due and payable to the District shall be determined by the District, from time to time, in its sole and absolute discretion.
9. Due to presently limited system design capacity, the District does not guarantee to any Member that unplanned future increases in water demand will be met.
10. In addition to the remedies provided in paragraph 5, if the Member fails to fully and timely pay all water charges duly imposed, then and without further notice to the Member, any or all remedies may be applied by the District:
a. Non-payment within ten (10) days from the due date will subject the Member to a penalty of up to ten percent (10%) of the sum then due and unpaid;
b. Non-payment within thirty (30) days from the due date will automatically result in a shutoff of water by the District to the Member;
c. Non-payment within sixty (60) days from the due date shall, at the sole option of the Board of Directors of the District, result in termination of membership in the District of the member; and,
d. Such other legal and equitable remedies as allowed by law may be pursued by the District.
11. The Member further agrees to comply with the terms and provisions of the Water User's Agreement as may be from time to time amended, and further agrees to comply with the Articles of Incorporation, By-Laws and Rules and Regulations of the District, as may from time to time amended.
12. The Member may, at any time after connecting to the final delivery point and after water becomes available from the District, elect to terminate this Agreement, and such termination shall become effective only after making a lump sum payment to the District equal to the average initial project development cost per member based upon the total initial cost of the District's water supply, treatment, transmission and distribution system, which is calculated as of the date of the Member's election to terminate, and the Member shall be required to make such payment upon termination; provided, however, that the District's Board of Directors may adopt from time to time such rules and regulations which may reduce the required payment the Member must make upon voluntary termination.
SIGNED this ______ day of ____________, 19____.
XENIA RURAL WATER DISTRICT ____________________ Participating Member
[unused form; name, address, phone, property description, number, date and signature are blank. The amounts in paragraphs 2 and 8 are handwritten.]
Name:
Address:
Phone:
Property Description:
THIS AGREEMENT is made between Xenia Rural Water District, an Iowa non-profit corporation, (the "District"), and the person(s), firm or corporation first named above, as a Participating Member of the District, (the "Member"), and PROVIDES AS FOLLOWS:
1. At the location shown above, the District shall provide the Member as soon as practicable with such quantity of water for domestic and farm purposes as the Member presently desires in connection with the Member's use or occupancy of such real estate, subject to the conditions and limitations stated below.
2. Immediately upon execution of this Agreement, the Member shall convey to the District in consideration of this Agreement and without further payment by the District an easement in the form and of a nature requested by the District concerning the real estate described above as may be required for the purpose of installing, maintaining, removing and relocating water lines and related equipment in connection with its system, and shall pay the District upon such execution a non-refundable fee of $ 300.00 to connect to the District's planned water distribution system.
3. Beginning from the District's final delivery point upon the real estate described above as determined by the District's Engineers, the Member shall have a qualified person install and maintain, at the Member's sole expense, appropriate water service piping and apparatus to meet the Member's present water needs; provided, however, that such shall not be connected in any manner to any source of water other than the District's distribution system.
4. The District shall provide at or near the final delivery point and at District expense an appropriate cut-off valve and water meter on the District's distribution system. Such cut-off valve and water meter shall be and remain the sole property of the District and shall be for its exclusive use. The District shall have a right of access to the cut-off valve, water meter and distribution line.
5. If the Member fails or refuses after having signed this Agreement, once water becomes available from the District, to connect to the final delivery point or to pay each month the minimum water use rate, or in the event of the cancellation or involuntary termination of the membership of the Member, then the Member shall immediately make a lump sum payment to the District equal to the average initial project development cost per member based upon the total initial cost of the District's water supply, treatment, transmission and distribution system, and calculated as of the date of the Member's failure to pay, or his cancellation or involuntary termination of membership; provided, however, that the District's Board of Directors may adopt from time to time such rules or regulations which may reduce the required payment the Member must make upon refusal to pay the monthly minimum use rate or in the event of cancellation or involuntary termination of his membership.
6. The Member may not allow any other household, firm or corporation to receive water supplied to the Member by the District without prior written approval from the District's Board of Directors.
7. If the District should declare that a water shortage exists at any location within the District's distribution system, the Member hereby consents to an allocation of water by the District's Board of Directors on such basis as the Directors may deem equitable in consideration of the following order of priority uses: basic and necessary domestic purposes; livestock watering purposes; lawn and garden purposes; all other purposes.
8. The minimum monthly charge to the Member for each month water is available to the Member from the District shall initially be $35.00 + TAX; however, the District may, from time to time, in its sole and absolute discretion change such minimum monthly charge. The minimum monthly charge to the Member provided for in this paragraph shall, subject to the provisions of paragraph 7, entitle the Member to receive during each such month for which such charge is assessed a maximum of 2,000 gallons of water from the District. The Member shall pay the District for the Member's use of water in excess of 2,000 gallons during any month an amount determined by the District based on such rates for said water usage may be, from time to time, established by the District in its sole and absolute discretion. The time or times when the payment of the charges and amounts owed by the Member to the District under the terms of this paragraph become due and payable to the District shall be determined by the District, from time to time, in its sole and absolute discretion.
9. Due to presently limited system design capacity, the District does not guarantee to any Member that unplanned future increases in water demand will be met.
10. In addition to the remedies provided in paragraph 5, if the Member fails to fully and timely pay all water charges duly imposed, then and without further notice to the Member, any or all remedies may be applied by the District:
a. Non-payment within ten (10) days from the due date will subject the Member to a penalty of up to ten percent (10%) of the sum then due and unpaid;
b. Non-payment within thirty (30) days from the due date will automatically result in a shutoff of water by the District to the Member;
c. Non-payment within sixty (60) days from the due date shall, at the sole option of the Board of Directors of the District, result in termination of membership in the District of the member; and,
d. Such other legal and equitable remedies as allowed by law may be pursued by the District.
11. The Member further agrees to comply with the terms and provisions of the Water User's Agreement as may be from time to time amended, and further agrees to comply with the Articles of Incorporation, By-Laws and Rules and Regulations of the District, as may from time to time amended.
12. The Member may, at any time after connecting to the final delivery point and after water becomes available from the District, elect to terminate this Agreement, and such termination shall become effective only after making a lump sum payment to the District equal to the average initial project development cost per member based upon the total initial cost of the District's water supply, treatment, transmission and distribution system, which is calculated as of the date of the Member's election to terminate, and the Member shall be required to make such payment upon termination; provided, however, that the District's Board of Directors may adopt from time to time such rules and regulations which may reduce the required payment the Member must make upon voluntary termination.
SIGNED this ______ day of ____________, 19____.
XENIA RURAL WATER DISTRICT ____________________ Participating Member
Files
Collection
Citation
City of Dana, Iowa, “1997 Xenia Rural Water File (Water User's Agreement Form),” Dana, Iowa - Historical Records, accessed November 8, 2026, https://records.danaia.gov/items/show/515.