HomeMy Public PortalAboutFirst Amendment 12-4-1978FIRST AMENDMENT TO COOPERATIVE AGREEMENT
THIS FIRST AMENDMENT TO COOPERATIVE AGREEMENT made and
entered into this 4th day of December, 1978, by and between
the City of McCall, a municipal corporation located in
Valley County, Idaho, hereinafter referred to as the City,
and the PAYETTE LAKES WATER & 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 contiguous to the geographical boundaries of
the City of McCall, Idaho, hereinafter referred to as the
District,
W I T H E S S E T H:
WHEREAS, the parties hereto made and entered into a
Cooperative Agreement dated December /5' , 1977, herein-
after referred to as said Agreement; and
WHEREAS, the parties now desire to amend said Agreement
as hereinafter set forth.
NOW, THEREFORE, in consideration of said Agreement and
in consideration of the additional covenants and agreements
hereinafter set forth, the parties hereto do hereby amend
said Agreement by the addition of two new sections thereto
to read as follows:
SECTION 15. ALLOCATION OF CAPACITY OF SEWAGE TREATMENT
SYSTEM. The total design flow of the sewage treatment
system is 2,000,000 gallons per day and the parties hereto
specifically agree that neither of said parties shall be
entitled to exceed the use of that portion of the sewer
treatment facilities flow capacity as shown on Exhibit "A"
attached hereto and by this reference made a part hereof as
if fully set forth at length herein, except as hereinafter
specifically provided in Section 16 hereof.
In order to make such allocation of capacity the flow
of sewage produced by each of the parties hereto entering
the treatment facility shall be measured separately on a
continuous basis.
SECTION 16. ANNEXATION OF DISTRICT LANDS TO THE CITY.
In the event lands now situate, lying and being within the
boundaries of the Payette Lakes Water & Sewer District are
from time to time annexed to and become a part of the City
of McCall the allocation of capacity of the sewage treatment
system of the City of McCall shall be increased to include
the capacity necessary to furnish sewage treatment facilities
to such annexed lands limited to the densities heretofore
applied to such lands by the District.
It is further specifically agreed by and between the
parties hereto that in all other respects said Cooperative
Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this
First Amendment to Cooperative Agreement to be executed by
its respective officials pursuant to due resolution of each,
the day and year first above written.
By
Attest:
By
Attest:
Secreit
" "
WER DISTRICT
STATE OF IDAHO )
ss.
County of Valley )
On this .1 day of December, 1978, before me the
undersigned NotaryllPublic in and for said State, personally
appeared BILL A. EVANS, known to me to be the Mayor of the
municipal corporation who executed the within instrument,
and acknowledged to me that such corporation executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year in this certificate
first above written.
Notary Public for!Idaho
Residing at McCall, Idaho
STATE OF IDAHO )
ss.
County of Valley )
On this 'f day of December, 1978, before me the
undersigned Notary Public in and for said State, personally
appeared FRANK T. ELAM, known to me to be Chairman of the
sewer district that executed the within instrument and
akcnowledged 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 this certificate
first above written.
Notary Public fbr Idaho
Residing at McCall, Idaho
" f
Exhibit "A"
11101. :1.1
Date 5 "9" By Offei
Sheet of
77V-ITAirvt ee:aste/Iixeigs ,4"Loviv e4.424e/rY
I
* yeAR I Pz W 4"so e/ TY °A-Wee:4u
i
oczoW ,42C,A17 AZO. IV fihrcEitir 674-5/6,4/ now
DC 0,c-
. 6Was7 7; TA 1 Al ea) a olfray 725 74 t "row 645Pt A747
Oa y 1
/ 9 ea ! 946;00o -63 6'6/ 040 47
119'8 034400 .5.2 944- ato0 4.0 004s 000
First Amendment to Co ve Agreement dated
December. 4, 1978.
Chairman