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Home My Public Portal AboutFifth Amendment 3-21-1987FIFTH AMENDMENT TO COOPERATIVE AGREEMENT THIS FIFTH AMENDMENT TO COOPERATIVE AGREEMENT is made and entered into this ,' "day of /04/4-`411987, by and between the CITY OF McCALL, a municipal corporation located in Valley County, Idaho, hereinafter called the "City", and the PAYETTE LAKES WATER AND SEWER DISTRICT, 'Valley County, Idaho, a sewer district organized and existing under and by virtue of Chapter 32, Title 42, Idaho Code, and lying adjacent and continguous to the geographical boundaries of the City of McCall, Valley County, Idaho, hereinafter referred to as the °DIstrict". WITNESSETH: WHEREAS, the parties hereto made and entered into a Cooperative Agreement dated December 15, 1977, hereinafter referred to as said Agreement; and, WHEREAS, the parties hereto made and entered into a First Amendment to Cooperative Agreement dated December 4, 1978, hereinafter referred to as said First Amendment; and, WHEREAS, the parties hereto made and entered into a Second Amendment to Cooperative Agreement dated June 4, 1979, hereinafter referred to as said Second Amendment; and, WHEREAS, the parties hereto made and entered into a Third Amendment to Cooperative Agreement dated August 6, 1979, hereinafter referred to as said Third Amendments and, FIFTH AMENDMENT - Page 1 WHEREAS, the parties hereto made and entered into a Fourth Amendment to Cooperative Agreement dated July 24, 1984, hereinafter referred to as said Fourth Amendment; and, WHEREAS, said Fourth Amendment provided for, among other things, an allocation between the parties of the sewage treatment capacity of the sewage treatment facility which is jointly utilized by the parties and an allocation between the parties of the cost of operation and maintenance of -the treatment facility; and, WHEREAS, the passage of time has allowed the parties to accumulate data which reflects actual usage by each party of the sewage treatment capacity of the treatment facility; and, WHEREAS, the District's allocated share of the.. treatment capacity at the treatment facility is greater than its actual needs and the District is willing to sell to the City and the City Is willing to buy from the District, a portion of the District's allocated share of treatment capacity; and, WHEREAS, such a sale of capacity by the District to the • City will necessitate certain amendments to the said Fourth Amendment. NOW THEREFORE, In consideration of the mutual covenants herein contained it is agreed between the parties hereto as follows: FIFTH AMENDMENT - Page 2 4 Pursuant to said Fourth Amendment the present flow allocation of the treatment facility capacity is as follows: The District - 53% or 964,000 gallons per day; the City - 47% or 862,000 gallons per day. The District shall sell to the City and the City shall purchase from the District, 364,000 gallons per day of the District's allocated capacity of the treatment facility. It is the intent of the parties that such sale shall result in a modified allocation of the treatment facilities capacity as follows: The District - 33% or 600,000 gallons per day; the City- 67% or 1,226,000 gallons per day. SECTION 2: PURCHASE PRICE: The purchase price for said capacity shall be the sum of *98,280.00, payable in non -uniform sums as follows: FISCAL OCTOBER 1 APRIL 1 YEAR AMOUNT AMOUNT 1987 *3,841.50 1988 *3,841.50 4,420.50 1989 4,420.50 4,385.00 1990 4,385.00 4,477.50 1991 4,477.50 4,599.00 1992 4,599.00 4,628.00 1993 4,628.00 4,647.00 1994 4,647.00 4,676.00 1995 4,676.00 4,674.50 1996 4,674.50 4,758.50 1997 4,758.50 4,825.00 1998 4,825.00 5,304.00 1999 5,304.00 4,744.50 2000 4,744.50 4,679.50 2001 4,679.50 4,509.00 2002 4,509.00 4,905.50 2003 4,905.50 2,147.00 2004 2,147.00 1,629.50 2005 1,629.50 The above schedule Includes interest on the prinicipal sum at the underlying bond rate being serviced by the District. FIFTH AMENDMENT - Page 3 SECTION 3: COSTS OF OPERATION OF TREATMENT FACILITY: The parties agree to share the costs of operating the treatment facility on a 1/3 - 2/3 basis, the District's share being one-third (1/3) and the City's two-thirds (2/3), commencing with the City's 1988 fiscal year. SECTION 4: k'QTURE ADJUSTMENTS TO OPERATING COST ALLOCATIONS: For future allocation and budgeting purposes beyond FY 1988, It is agreed that a hook-up basis provides a more reasonable and equitable basis for allocating annual operating costs. Towards that end it is agreed that the base year (FY 1987) user figures in terms of equivalent hookups for each entity are as follows: DISTRICT CITY 800 1,600 The figures shall be updated annually by adding to the base any new hookups during the twelve (12) month period prior to the update, namely, July 1 of each calendar year, in order to meet budgetary planning cycle requirements. For example, on July 1, 1988, each entity shall add to the above figures the number of new equivalent hookups added between July 1, 1987, and June 30, 1988. Issuance of a permit shall be the relevant criteria; cancellation of a permit, if any, shall be netted out. Equivalent user hookups shall be counted rather than physical hookups. For the purpose of this determination the term equivalent user, or hookup unit, shall be deemed to - mean a single family residence (generating 550 gallons per day) as a single equivalent unit hookup; the flow factors used by the Central District Health Department shall be scaled using this base to determinlne equivalent unit hookups for various other classes of users, e.g., multi -family, commercial, and industrial. In addition to the annual adjustment, should more precise figures become available in the future for the 1987 base figures, it is agreed to substitute those for the initial estimates set forth above; the revised annual figures Shall be used as a factor In reviewing the cost allocation each year. FIFTH AMENDMENT - Page 4 .1 PROVIDED, HOWEVER, independent of the foregoing allocation, the 1/3 - 2/3 treatment capacity allocation shall remain fixed, unless and until further modifications are agreed to by the parties. SECTION 5: MERGER: Save and except as set forth herein, the provisions of the Fourth and earlier Amendments to the Cooperative Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals in execution of this Agreement the day of CITY OF McCALL: BY Mayor Attest: By City Clerg , 1987. 0.44., A PAYETTE LAKES WATER & SEWER DISTRICT: Attest: By f\Qjs 1• Secretary STATE OF IDAHO ) ) ss. County of Valley ) On this a3 day of /9 7/ /L , 1987, before me the undersigned Notary Public in and for said State, personally appeared CLYDE L. ARCHER, JR., and ARTHUR J. SCHMIDT, known to me to be the Mayor and Clerk respectively, of the municipal corporation who executed the within instrument, and acknowledged to me that such corporation executed the same. FIFTH AMENDMENT - Page 5 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. „›,`,///Lt.„Ar--- Notary/Pilbl is f`6r` Idaho Residing at: 7er (74.4-z- STATE OF IDAHO ) ) ss. County of Valley ) tz- On this /2 day of , 1987, before me the undersigned Notary Public in and for said State, personally appeared PETER K. WILSON and BARBARA J. KNIPE, known to me to be the Chairman and Secretary respectively, of the sewer district who executed the within instrument, and acknowledged to me that such sewer district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. Notary Public for I•dalf�d' Residing at: c (0'019 FIFTH AMENDMENT - Page 6