City Hall 1

Jamestown, ND (KCSi-T.V. News Jun 7, 2013) — The Jamestown City Council has voted to accept the latest draft agreement presented by Stutsman Rural Water District, concerning territorial service, including the Titan Machinery location west of Jamestown.

The vote was 3-1 to accept the language in draft (Council Member Gumke was not present). Voting in favor of accepting the draft were Mayor Andersen, Council Member Kourajian, and Council Member Brubakken. Council Member Buchanan was the dissenting vote.

Buchanan said he does not feel that SRWD’s legal counsel, Steve Harris does not speak for Stutsman Rural Water Distric.

Buchanan also questions Titan Machinery’s going ahead and hooking up to rural water, being in the city limits.

He said the city should have no contract than a bad contract.

He wanted further definement on the language in the draft.

The Mayor disagreed, saying the contract should be signed even though there are items in the draft that do not have to be in it.

She added that she was not comfortable with some areas concerning the scope of service, and specifically with Great River Energy, contract issues.

The agreement with GRE, concerning water service is with the city, and SRWD. Stutsman Rural Water District, wants the new agreement to address what occurs if a “material breech ” of contract occurs, regarding serving GRE with water.

Discussions by the council dealt with what type of breach of contract would void portions of the contract

The Mayor said she was frustrated with the draft not addressing fire fighting issues at the Titan Machinery site.

She said all areas of economic development have been hurt by not having an agreement in place between the city and SRWD.

Council Members did not have total agreement with items in the draft, but most felt it was in the best interest to move forward and have an agreement in place.

Counsel Tami Norgaard, attending the meeting by phone from the Vogel Law Office in Fargo said there are personality issues between the city and SRWD.

Council Member, Brubakken moved to have the agreement in place, with Stutsman Rural Water District and move forward, and to obtain approval of the draft by SRWD.

The agreement includes a territory swap allowing the new Titan Machinery building to be served by Rural Water and an area south of the airport to be served by the city of Jamestown. It also sets the boundary between the two utilities as the city limits as they existed in 2010.

It motion was approved on the 3-1 vote, and the city’s signing off on the draft will be sent to Stutsman Rural Water District, for their signature, if they still agree to the terms.

The Stutsman Rural Water District Board of Directors is scheduled to meet on Tuesday June 11, 2013, at 8 a.m. or its regular meeting.

Any agreement between the City and SRWD would require the agreement of USDA officials and representatives of the North Dakota Financing Authority because both the city and Rural Water are indebted to those organizations.

The meeting was shown live on CSi 67 followed by replays.