HomeMy Public PortalAboutPKT-CC-2016-11-08Moab City Council
November 8, 2016
Pre -Council Workshop
**6:30 PM**
REGULAR COUNCIL
MEETING
7:00 PM
CITY COUNCIL CHAMBERS
CITY CENTER
(217 East Center Street)
Agenda
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Agenda
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City of Moab
217 East Center Street
Moab, Utah 84532
Main Number (435) 259-5121
Fax Number (435) 259-4135
www.moabcity.org
Moab City Council
Regular Council Meeting
City Council Chambers
Tuesday, November 8, 2016 at 6:30 p.m.
6:30 p.m.
7:00 p.m.
SECTION 1:
PRE COUNCIL WORKSHOP
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
1-1 October 11, 2016
1-2 October 25, 2016
1-3 October 31, 2016
SECTION 2: CITIZENS TO BE HEARD
SECTION 3: PRESENTATIONS/PROCLAMATIONS
3-1 None
SECTION 4: DEPARTMENTAL UPDATES
4-1 Community Services
4-2 Engineering
4-3 Public Safety
4-4 Public Works
4-5 Recreation/Trails
4-6 Recorder/Human Resources
4-7 Treasurer
4-8 City Manager
SECTION 5: PUBLIC HEARING (Approximately 7:15 PM)
7-1 Solicitation of Public Input on Proposed Ordinance #2016-08 — An Ordinance
Amending Chapter 13.25 of the City of Moab Municipal Code with New Amounts for
the Sewer Impact Fee
SECTION 6: SPECIAL EVENTS/VENDORS/BEER LICENSES
6-1 None
SECTION 7: NEW BUSINESS
7-1 Consideration and Possible Approval of Proposed Ordinance #2016-15 — An
Ordinance Enacting a Moratorium on New Connections to the City of Moab
Wastewater Treatment System
7-2 Request for Approval of a State Contract Procurement Request to Cate Equipment in
an amount not to exceed $20,000
Agenda
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7-3 Request for Approval of a Single Source Procurement Request to Precision Concrete
Cutting in an amount not to exceed $24,925
7-4 Approval of Task Order #16-06 with Bowen Collins & Associates, Inc. accepting the
Scope of Work for the WWTP Additional Engineering Assistance project with a fee
amount not to exceed $66,956
7-5 Approval of Task Order #16-07 with Bowen Collins & Associates, Inc. accepting the
Scope of Work for the WWTP Environmental Permitting Assistance project with a fee
amount not to exceed $45,384
7-6 Approval of Task Order #16-08 with Bowen Collins & Associates, Inc. accepting the
Scope of Work for the General Engineering Assistance project with a fee amount not
to exceed $40,000
7-7 Second Reading and Consideration of Approval of Proposed Ordinance #2016-08 —
An Ordinance Amending Chapter 13.25 of the City of Moab Municipal Code with
New Amounts for the Sewer Impact Fee
7-8 Request for Approval of Proposed Resolution #28-2016 — A Resolution Authorizing
The Issuance And Confirming The Sale Of Wastewater Revenue Bonds In The
Aggregate Principal Amount Of Not To Exceed $11,500,000 (The "Bonds") Of The
City Of Moab, Grand County, Utah (The "Issuer"), Calling A Public Hearing And
Establishing A Time, Place And Location For Said Public Hearing To Receive Input
From The Public With Respect To The Issuance Of Bonds And Any Potential
Economic Impact To The Private Sector From The Construction Of The Project To Be
Funded By The Bonds; Providing For A Pledge Of Wastewater Revenues For The
Payment Of The Bonds; Fixing The Maximum Principal Amount Of The Bonds; The
Maximum Number Of Years Over Which The Bonds May Mature, The Maximum
Interest Rate Which The Bonds May Bear, And The Maximum Discount From Par At
Which The Bonds May Be Sold; Providing For The Running Of A Contest Period; And
Related Matters
7-9 Approval of Proposed Resolution #29-2016 - A Resolution Approving An Agreement
Between Spanish Valley Water And Sewer Water Improvement District And The City
Of Moab
7-10 Approval of Proposed Resolution #30-2016 — A Resolution Adopting the Moab
Wastewater Treatment Plan — Facilities Master Plan
SECTION 8: MAYOR AND COUNCIL REPORTS
SECTION 9: READING OF CORRESPONDENCE
SECTION 10: APPROVAL OF BILLS AGAINST THE CITY OF MOAB
SECTION 11: ADJOURNMENT
In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should
notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days
prior to the meeting. Check our website for updates at: www.moabcity.org
Agenda
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MOAB CITY COUNCIL MINUTES -- DRAFT
REGULAR MEETING
October 11, 2016
The Moab City Council held its Regular Meeting on the above date in the
Council Chambers at the Moab City Center, located at 217 East Center
Street, Moab, Utah.
Mayor Dave Sakrison called the Pre -Council Workshop to order at 6:30
PM. In attendance were Councilmembers Rani Derasary, Heila Ershadi,
Tawny Knuteson-Boyd, Kyle Bailey and Kalen Jones. Also in attendance
were Interim City Manager David Everitt, City Recorder/Assistant City
Manager Rachel Stenta, City Treasurer Jennie Ross, Planning Director
Jeff Reinhart, Community Services Director Amy Weiser, City Parks,
Recreation and Trails Director Tif Miller, Moab Arts & Recreation Center
Meg Stewart, Interim Police Chief Steve Ross, and City Attorney Chris
McAnany.
The Pre -Council Workshop consisted of a presentation by Sarah
Finnochio of Pipe Dream Design regarding the new City logo. Michael
Hallberg participated by speaker phone.
Councilmember Jones praised the design and asked how much the logo
is used in marketing and other uses. He gave his feedback about his
impression of what the City of Moab represents in the greater context
of Southeastern Utah's landscape above and beyond a marketing icon.
Councilmember Ershadi expressed her appreciation for the work done
to date on the logo and suggested that this is the first she had heard of
the new logo project and that she and likely the other members of
Council needed some time to consider the direction to go with regards
to a new logo.
Sarah explained that implementation of a new logo takes some time
over a period of years. She stated that a logo is closely tied to the City's
identity and there will always be transition in the government, so
there's never a perfect time.
Councilmember Ershadi also suggested that cost is a factor and Council
October 11, 2016
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REGULAR MEETING &
ATTENDANCE
PRE -COUNCIL WORKSHOP
Agenda
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would need to consider this. Sarah pointed out that the proposal
presented is relatively affordable compared to other municipal logo
projects. Councilmember Jones noted that he appreciated the move
toward cohesion.
Mayor Sakrison called the Regular City Council Meeting to order just
before 7:00 PM with minor changes to the order of the agenda and led
the pledge of allegiance. Twelve (12) members of the public and media
were present.
Councilmember Bailey suggested the introduction of the City's new
Interim City Manager, David Everitt.
Councilmember Derasary moved to approve the minutes of August 23
and September 12, 2016 meetings with corrections. Councilmember
Jones seconded the motion for the August 23 minutes. The motion
carried 4-0 aye, with Councilmember Knuteson-Boyd abstaining.
Councilmember Bailey seconded the motion for the September 12
minutes. The motion carried 4-0 with Councilmember Jones abstaining.
Councilmember Ershadi moved to approve the minutes of the
September 27, 2016 meeting. Councilmember Bailey seconded the
motion. The motion passed 4-0 with Councilmember Derasary
abstaining.
Councilmember Bailey moved to approve the September 30, 2016
minutes. Councilmember Jones seconded the motion. The motion
passed 4-0 with Councilmember Derasary abstaining.
Under Citizens to be heard, Kelly Green thanked the Council for the hard
work during a difficult time. He commented that he is pleased with the
Interim City Manager. He also commented that he is pleased with Steve
Ross as Interim Police Chief.
Green continued that he is concerned about the 30 mph speed zone on
400 East. Because there are several school facilities, he would like the
City to consider a 25mph zone. He is very concerned with children
crossing near the charter school. He commented that a crossing guard
would help a lot. He added that with more businesses developing in the
October 11, 2016
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MEETING CALLED TO ORDER
NEW INTERIM CITY MANAGER
APPROVAL OF MINUTES
CITIZENS TO BE HEARD
Agenda
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area, a flashing stop sign alerting motorists to the presence of children is
recommended.
Under Community Services Update, Community Services Director
Weiser reported that at the next meeting, there would be a clip from
Bega Metzner's trip to a national film commission conference.
Under City Planner Update, City Planner Reinhart reviewed the
American Planning Association conference and commented on the great
speakers and great topics stating that a lot of Planning law was covered,
including signage.
Councilmember Ershadi and City Attorney McAnany discussed signage
and Supreme Court opinions related to free speech.
Under Police Department Update, Interim Police Chief Ross reported he
is recruiting for several positions and that testing for the secretary
position was scheduled. Ross reported that he would be absent at the
next Council meeting as he and Sergeant Brett Edge would be at Public
Information Officer training. He continued that the Police Department
would have a presence at the Trunk or Treat event.
Under Public Works Update, Administrative Assistant Reinhart reported
the Public Works team has been striping center lines around town. The
Public Works team has also been occupied with routine duties including
winterization, weed control, decking replacement at Rotary Park, and
continuing the sewer line repair and cleaning.
Councilmember Ershadi commented on the importance of center
striping being visible around town.
Under Recreation and Trails Department, Recreation and Trails Director
Tif Miller commented that the Plein Air event went well. There is an
electrical upgrade at the ball fields which will enable more options for
special events. Miller announced that the City hired a new part-time
assistant — Sarah Crosier — for his department and he's moving forward
with projects in the Recreation Department. Miller stated that he's
working on utilizing the new movie screen installed at the Moab Arts &
Recreation Center (MARC) for Halloween films at the MARC event on
October 29, showing youth movies in the afternoon and adult movies in
October 11, 2016
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DEPARTMENTAL UPDATES
Agenda
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the evening. He assured the Mayor that he is coordinating for licensed
screenings. He reported that Fall youth sports are coming to a close. He
mentioned that the Moab Cross Creek bridge is out and signage has
been posted to let the public know the bridge is out and to discourage
traffic and camping.
Councilmember Jones suggested emphasizing the camping issue as an
enforcement priority.
Councilmember Derasary commented on the Plein Air event and asked
about the Quick Draw event at Arches. Miller commented that it went
well.
A public hearing was opened at 7:21 PM on Proposed Ordinance #2016-
11-- An Ordinance Approving the Annexation of 8.77 Acres for the City
of Moab Wastewater Treatment Plant on Properties Located along the
Western Extension of 400 North Street Right -of -Way. City Planner
Reinhart gave a slideshow presentation. The Public Hearing remained
open till the Mayor closed it at the conclusion of new business.
Under Recorder and Human Resources Report, City Recorder/Assistant
City Manager Stenta reported on the open positions log and reported
that the salary survey is in process. She also stated that the Information
Technology search process is wrapping up and pointed out that there is
a proposal to be presented to Council at this meeting.
Stenta announced the hiring of the new Deputy Recorder, Jamie Hulce.
Stenta stated that there is another Recorder department position open
in-house right now and that several intensive open records requests are
in process.
Under Treasurer Report City Treasurer Ross updated the Council that
utility bills had been sent out and that payments were coming in. Her
office is encouraging paperless billing. She noted that she is reviewing
water usage on water meters; staff is comparing this year's usage with
last year's.
Councilmember Jones asked if there has ever been an analysis of how
much time has been saved with paperless billing. He suggested that
perhaps a discount could be offered to residents who reduce the staff
October 11, 2016
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PUBLIC HEARING
DEPARTMENTAL REPORTS
CONTINUED
Agenda
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workload in this way. Ross commented that online payroll also helps
reduce the workload.
Councilmember Jones moved to approve a Special Business Event
License for the Moab Ho Down to be held October 27 to 30, 2016 at the
BMX Bike Park, with conditions. Councilmember Derasary seconded the
motion. The motion carried 5-0 aye, with Councilmembers Bailey,
Ershadi, Jones, Derasary and Knuteson-Boyd voting aye.
Councilmember Bailey moved to approve a Park Use Permit for the
Moab Ho Down to be held October 27 to 30, 2016 at the BMX Bike Park.
Councilmember Jones seconded the motion. The motion carried 5-0
aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and
Knuteson-Boyd voting aye.
Councilmember Jones moved to approve Change Order #4 for the 2016
Sanitary Sewer Rehabilitation Project with Lance Excavating, Inc. in the
amount of $34,968. Councilmember Jones stated that he had consulted
with the City Engineer about specifics of this change order and he is
satisfied that it is an appropriate action. The motion carried 5-0 aye in a
roll call vote, with Councilmembers Bailey, Ershadi, Jones, Derasary and
Knuteson-Boyd voting aye.
Councilmember Derasary moved to approve a building permit fee
waiver by the Grand County Sheriff's Office in an amount not to exceed
$10,538.77. The motion was seconded by Councilmember Knuteson-
Boyd. Councilmember Derasary asked about the history of honoring
such requests. Recorder Stenta offered that this is a common
occurrence between agencies and cited the City Center building
requesting fee waivers for building permit fees. The Mayor concurred
that this is standard procedure. Councilmember Bailey clarified that fees
such as plan checks are generally not waived. Stenta also mentioned
that the City contracts with Grand County for building inspection
services. Motion carried 5-0 aye in a roll call vote, with Councilmembers
Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye.
Councilmember Knuteson-Boyd moved to Table Possible Action on a
New City Logo. Councilmember Ershadi seconded the motion. The
motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones,
Derasary and Knuteson-Boyd voting aye.
October 11, 2016
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SPECIAL BUSINESS EVENT
LICENSE FOR MOAB HO
DOWN, APPROVED
PARK USE PERMIT FOR MOAB
HO DOWN, APPROVED
CHANGE ORDER #4 FOR
SANITARY SEWER PROJECT,
APPROVED
BUILDING PERMIT FEE WAIVER
FOR GRAND COUNTY,
APPROVED
ACTION ON LOGO, TABLED
Agenda
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After a third reading, Councilmember Jones moved to adopt Proposed
Ordinance #2016-13 — An Ordinance Amending City Procurement
Procedures, Enacting Certain Ethics Provisions, and Providing for
Disclosure of Transactions in which City Employees or Officials may have
a Personal Interest. Councilmember Ershadi seconded the motion.
Councilmember Jones reported that he had read the proposal many
times and he felt comfortable that the intention is to balance the
responsibility of the staff and the oversight by the Council in a way that
enables staff to do their jobs in an efficient manner. He noted he has
gotten feedback from the public which has been well -considered and
incorporated. Councilmember Derasary asked a question about the red -
lined draft and whether it is the same as the draft incorporating all
markup. City Attorney McAnany confirmed this. He mentioned that
input from the public and staff had been incorporated as well as a
clause that considers state -approved contracts. Councilmember
Derasary also asked about emergency procurements and a thirty -day
rule and McAnany explained the intent of this, referring to a need, for
example, to buy a pipe to replace a broken water line. He stated that
after the "true emergency" is over, normal procurement procedures
would need to be adhered to. Councilmember Ershadi asked how this
policy compares to the policies of other cities of similar size. McAnany
stated that he had studied several and this proposal falls on the more -
detailed end of the spectrum. He listed several elements of the policy
that pointed to more restrictions. Councilmember Knuteson-Boyd asked
about conflicts and McAnany pointed out that it has been cleaned up
and more definitions are in place now regarding conflicts in
relationships (including spouse, child, household member, etc.) and
need for disclosure. Councilmember Derasary asked about performance
bond waivers and how common this is and McAnany clarified that it is
not that common and has to do with small contractors who may not be
able to afford performance bonds, and McAnany pointed out that this
does present some risk for the City. The policy offers some alternatives
such as collateral guarantees. Councilmember Derasary also asked
about the section waiving the competitive proposal requirement for
essential public works in lieu of a written proposal. City
Recorder/Assistant City Manager Stenta pointed out the definition of
essential public works and if it falls in this definition, the requirement
for competitive bids may be waived but a written proposal is still
October 11, 2016
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TABLED ACTION ON NEW CITY
LOGO
APPROVAL OF ORDINANCE
#2016-13
Agenda
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required. Councilmember Jones asked why both that provision and an
emergency procurement clause would be included and Stenta explained
that both provisions predate her tenure at the City and the public works
provision has been revised a few times in the past eighteen years and
that the intention is to allow the public works department the ability to
address projects that will impact services, although perhaps not a true
emergency in nature. Jones asked about the local preference clause
and McAnany explained that there is a cap on local preference bids and
emphasized that this clause does not allow any sort of collusion with
local vendors but rather caps the local preference at five percent. It
enables local vendors to bid at or under the budgeted project amount
and they have the ability to withdraw their bids if they cannot provide
services for the budgeted amount. Councilmember Derasary made one
minor word change. The motion carried 5-0 aye, with Councilmembers
Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye.
Councilmember Derasary moved to award a project contract for the City
Hall Roof Mounted Solar Photovoltaic System in the amount of $78,800
to Gardner Engineering, to be offset by a 60% Blue Sky grant from Rocky
Mountain Power. Councilmember Bailey seconded the motion. City
Attorney McAnany noted that he had received the information only
recently and he recommends that if the Council approves the motion,
they award the contract with the provision that staff will edit the
document to remove some blanks and clean up the contract.
Councilmember Ershadi asked about estimated payback to the City for
this investment in terms of savings. Stenta explained that this will come
before Council in the net -metering report. Councilmember Derasary
thanked Stenta for her work on this, and asked if the City could meet
the deadline of December 31, when the grant expires. Attorney
McAnany assured Council that his office will expedite the review of the
contract. The motion carried 5-0 aye, with Councilmembers Bailey,
Ershadi, Jones, Derasary and Knuteson-Boyd voting aye.
Councilmember Jones moved to award the Cyber Security and
Information Technology Support Services Contract to Provelocity in the
amount of $7,305 per month. Councilmember Derasary seconded the
motion. Councilmember Jones expressed his enthusiasm with this step
forward. Attorney McAnany asked Recorder/Assistant City Manager
Stenta to detail the process used to award the contract. Stenta replied
that she detailed this in her report of the bid and then pointed out that
October 11, 2016
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APPROVAL OF SOLAR
PHOTOVOLTAIC SYSTEM
PROJECT CONTRACT
APPROVAL OF CYBER SECURITY
AND INFORMATION
TECHNOLOGY SUPPORT
CONTRACT
Agenda
Page 11 of 191
the members of the staff IT selection committee were present, as were
the contractors from Provelocity. She detailed the process for Council.
Councilmember Derasary thanked the staff for all their work and asked
the vendor about their Grand Junction location. Jon Labrum of
Provelocity encouraged the City to consider their representative to be a
part of the City staff. Derasary also asked about the provision for an
outside security audit on an annual basis. Jon Labrum explained the
reasons for having a third -party security audit. Councilmember Ershadi
thanked the team for their hard work and then expressed her concerns
about the past handling of IT at Moab City and stated she would be
voting no on the contract. The motion carried 4-1 aye in a roll call vote,
with Councilmembers Bailey, Jones, Derasary and Knuteson-Boyd voting
aye and Councilmember Ershadi voting nay.
Mayor Sakrison reported that he attended the Utah League of Cities and
Towns (ULCT) board meeting and he reported on a scandal involving a
League employee using the League credit card, and indicated there is
going to be an audit. The State Auditor will conduct a three-year audit
of ULCT. Mayor Sakrison also noted that the Utah Legislative Session will
be interesting this year as the topic of short-term rentals is taken up
along with zoning.
Councilmember Bailey reported that he attended the Rocky Mountain
Power meeting with Councilmember Jones and City Recorder/Assistant
City Manager Stenta. The meeting included a tour of City Hall and a
presentation on the Subscriber Solar program, which involves a solar
plant in Holden, Utah. Bailey reported they were updated on coal fire
generators and RMP indicated they are moving to more sustainable
power sources.
Councilmember Jones reported that he attended the Friends of Arches
committee meeting, which is promoting Dark Skies. Jones discussed
outreach opportunities.
Councilmember Knuteson-Boyd stated that she attended a Nature
Conservancy meeting with City Engineer Phillip Bowman and
Councilmember Jones regarding the outfall discharge pipe. She
commented that it was a very good meeting.
Knuteson-Boyd also commented on Coffee with the Council as a way for
October 11, 2016
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MAYOR & COUNCIL REPORTS
Agenda
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the Mayor and Council to interact with the community on an informal
basis. She indicated she had a good discussion with a couple of citizens.
There was consensus that meeting after hours is not the most optimal
time for security reasons.
Councilmember Ershadi announced she would host Coffee with the
Council on a Monday from noon to 1:00 pm.
Interim City Manager Everitt reported that in Salt Lake City similar
programs were offered and similar results with turnout were
experienced.
Councilmember Derasary reported that she attended the UMTRA
funding strategy meeting. She noted that there is a move to restore full
federal funding.
Derasary also reported on the Moab Area Community Land Trust
meeting she attended. She noted they are looking for a board member.
She also reported that she volunteered for Plein Air and stated that it
was a great opportunity. She added that she had a Coffee With the
Council scheduled for the upcoming Friday from 8:00 AM to 10:00 AM.
There was no correspondence to be read.
City Manager Everitt reported that he is observing and absorbing and
will have more to report in the future.
Councilmember Derasary moved to pay the bills against the City of Moab
in the amount of $292,864.00. Councilmember Bailey seconded the
motion. The motion carried 5-0 aye, with Councilmembers Bailey,
Ershadi, Jones, Derasary and Knuteson-Boyd voting aye.
Councilmember Jones moved to adjourn the meeting at 8:22 PM.
Councilmember Bailey seconded the motion. The motion carried 5-0
aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and
Knuteson-Boyd voting aye.
APPROVED: ATTEST:
October 11, 2016
Page 9 of 10
READING OF
CORRESPONDENCE
ADMINISTRATIVE REPORTS
APPROVAL OF BILLS
ADJOURNMENT
Agenda
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MOAB CITY COUNCIL MINUTES -- DRAFT
REGULAR MEETING
October 25, 2016
The Moab City Council held its Regular Meeting on the above date in the
Council Chambers at the Moab City Center, located at 217 East Center
Street, Moab, Utah.
In the Mayor's absence, Council Member and Mayor Pro-Tem Kyle
Bailey called the Pre -Council Workshop to order at 5:34 PM. In
attendance were Councilmembers Rani Derasary, Heila Ershadi, Tawny
Knuteson-Boyd, Kyle Bailey and Kalen Jones. Also in attendance were
City Manager David Everitt, City Recorder/Assistant City Manager Rachel
Stenta, City Treasurer Jennie Ross, Planning Director Jeff Reinhart,
Community Services Director Amy Weiser, City Parks, Recreation and
Trails Director Tif Miller, and Public Works Administrative Assistant
LeighAnne Reinhart.
The Pre -Council Workshop consisted of a presentation of the 2016
Moab City Salary Survey by Mike Swallow of Personnel Systems,
Incorporated.
Swallow reported that he met with the Moab City staff salary survey
committee two weeks prior to his presentation. He performed a market
analysis of base wages, and devised a rubric designed for analysis of
each position description within the organization, offered philosophies
of pay plan design, and ongoing challenges to the organization's
compensation program. He concluded with recommendations going
forward and key considerations for implementation of the salary and
compensation plan.
Discussion ensued, with Swallow clarifying that the survey results are for
base pay only and not the City's total compensation package which
includes "soft benefits" such as paid time off, retirement, and other
benefits. The concept of the City's unfunded liabilities was mentioned
(for example, unused paid time off for which the City is financially
liable). Council asked questions about other pay incentives besides the
base pay, and City Recorder/Assistant City Manager Stenta explained
there is a new pay -for -performance program in development that
awards compensation according to employee merit; she also explained
October 25, 2016
Page 1 of 9
REGULAR MEETING &
ATTENDANCE
PRE COUNCIL WORKSHOP
Agenda
Page 14 of 191
there are cost -of -living adjustments, longevity adjustments, and
opportunities for bonus pay. Councilmember Ershadi expressed an
interest in seeing the performance evaluation instruments in use.
Councilmember Ershadi inquired about Swallow's survey of staff
attitudes toward their compensation, including how staff view pay
equity within the organization, the reputation of the organization as an
employer, and more. Swallow explained that his process entailed
reviewing and updating all position descriptions.
Mayor Pro-Tem Bailey called the Regular City Council Meeting to order
at 7:00 PM and led the pledge of allegiance. Mayor Sakrison was out of
town. City Attorney Chris McAnany and Planning Director Jeff Reinhart
joined the meeting. Twenty-five (25) members of the public and media
were present.
Councilmember Knuteson-Boyd moved to approve the minutes of
October 4 and 6, 2016 meetings with corrections. Councilmember Jones
seconded the motion. The motion carried 5-0 aye, with Councilmembers
Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye.
Under Citizens to be heard, Joe Kingsley acknowledged that the sewer
plant issue is serious, but the potential increase in impact fees is scaring
away a developer for affordable housing. He requested leeway for
affordable housing projects in the face of a moratorium on sewer
connections. He felt the brunt of the sewer issue should be shouldered
by commercial enterprises.
Eric Plourde is a builder who is concerned that a moratorium on sewer
connections will impact his business as his clients are now assuming a
"wait and see" stature in view of the potential impacts of sewer capacity
issues. He indicated staff layoffs are looming depending on the outcome
of the upcoming decision regarding sewer moratorium. Mr. Plourde
requested that the Council make a decision in the next two weeks.
Emily Niehaus stated that she has confidence in the Council to develop a
solution to the Wastewater Treatment Plant issue and requested that in
view of the sewer issues and impending moratorium that the council
please exempt affordable housing projects.
October 25, 2016
Page 2 of 9
REGULAR MEETING CALLED TO
ORDER
APPROVAL OF MINUTES
CITIZENS TO BE HEARD
Agenda
Page 15 of 191
Mayor Pro-Tem Bailey presented Rozlynn Ford with the Mayor's Student
Citizenship of the Month Award for October 2016 for Helen M. Knight
School.
Mayor Pro-tem Bailey opened to public hearing on Solicitation of Public Input
on the Moab City Wastewater Treatment Plant Facilities Master Plan and the
Moab Wastewater Treatment Plant Relocation Final Environmental Study
(Environmental Assessment) at 7:10 PM. No public comment was given.
Deb Barton of the Grand County Special Service Solid Waste District #1
made a presentation reviewing operations and budget. Included were
statistics regarding the Klondike landfill and the recycling center, which
is now operated by the district. Ms. Barton's presentation is viewable in
the meeting packet on the City's website.
Canyonlands Community Recycling board member Clare Core made a
brief announcement from the audience that there is a local
sustainability group recently renamed, now known as the Resiliency
Hub, to take up public education and advocacy for reduce/reuse/recycle
initiatives.
Ms. Barton announced a public workshop regarding recycling solutions
on December 1 from 6-8pm at the MARC.
Under Community Services Update, Community Services Director
Weiser reported that staff attended a conference and that the Planning
Commission had scheduled a general plan revision meeting the next
Thursday. She also reported that Telluride's affordable housing
developers will be present at that meeting to discuss suggestions for
code changes that can help Moab. Weiser continued that the Christmas
float committee is making progress. Also Community Services Director
Weiser informed the Council that work with City Attorney McAnany
continues regarding possible moratorium on sewer hookups and that
she had received many contacts from the public regarding this topic.
No Engineering Department Update, as City Engineer Bowman was out
of town.
No Public Safety Report as Police Lieutenant Ross was out of town.
October 25, 2016
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PRESENTATION OF STUDENT
OF THE MONTH
PUBLIC HEARING OPENED
PRESENTATION BY GRAND
COUNTY SPECIAL SERVICE
SOLID WASTE DISTRICT #1
DEPARTMENTAL UPDATES
Agenda
Page 16 of 191
Administrative Assistant Reinhart reported the Public Works team has
been occupied with routine duties which were detailed in her report.
Work on the RFP for a sewer cam van was discussed. Councilmember
Jones mentioned appreciation of the difficult work environment for the
crew with existing equipment.
Under Recreation and Trails Department, Recreation and Trails Director
Tif Miller announced the annual Halloween event at the Moab Arts and
Recreation Center (MARC) scheduled for Saturday night from 5-10pm.
Miller reported the Plein Air art event was a success and that Fall Sports
are winding down. He continued that the Turkey Trot will be held
November 19 and that outdoor sports will be highlighted soon,
emphasizing hiking, bouldering and mountain biking for youth. Miller
mentioned new trail signs on Highway 191, and that the Lions Park
interpretive signs have been provided to the County for installation.
Councilmember Derasary mentioned the grant from the state forester
to remove hazardous trees on trails. Councilmember Jones asked about
trees on private property that overhang City paths. Miller responded
that limbs overhanging the paths are in the City's Right-of-way and
could be trimmed.
Under Recorder and Human Resources Report, City Recorder/Assistant
City Manager Stenta reported on Human Resources, mentioning the
salary survey under consideration, several hiring processes proceeding,
and open enrollment for benefits underway. Stenta reported that a
staff committee review of increases associated with health insurance
increases was also in process. Also, she is working on preparing for the
budget opening, which will likely take place in December or January.
Stenta reported that the Recorder's office has received four or five
intensive records requests and introduced Eve Tallman, who has been
hired as a temporary employee to fast -track processing these requests,
and also to assist with the timely preparation of meeting minutes.
Councilmember Derasary thanked staff for getting the Information
Technology (IT) contract completed. Stenta cited praise from staff about
IT contractor team's responsiveness.
October 25, 2016
Page 4 of 9
DEPARTMENTAL UPDATES
Agenda
Page 17 of 191
Under Treasurer Report City Treasurer Ross updated the Council that
past due notices had been sent out and that meters are now mainly
read with radio -read, so it takes less than a day to read city meters.
Mayor Pro-Tem Bailey announced that the public still has a couple of
weeks to submit comments on the Moab City Wastewater Treatment
Plant Facilities Master Plan and the Moab Wastewater Treatment Plant
Relocation Final Environmental Study (Environmental Assessment). He
then closed the public hearing at 7:49 PM.
Councilmember Ershadi moved to approve a Special Business Event
License for Canyonlands Community Recycling for an Upcycled Art Party
fundraiser at the MARC on November 19, 2016. Councilmember Jones
seconded the motion. Councilmember Ershadi praised the organization.
Councilmember Derasary invited petitioner Clare Core to make a
statement. She stated that the group had just recently updated the
mission. The motion carried 5-0 aye, with Councilmembers Bailey,
Ershadi, Jones, Derasary and Knuteson-Boyd voting aye.
Councilmember Jones moved to approve the Confirmation of Mayoral
Appointment of Patrick Dean as Public Works Director. Councilmember
Derasary seconded the motion. Councilmember Ershadi asked about
whether Council members could review resumes and credentials. City
Manager Everitt explained the candidate was, to his knowledge, the top
pick of the staff interview committee. Council member Knuteson-Boyd
stated that she had sent the requested information to the City Council
on October 15, including a narrative of the interview process. She
further discussed the membership of the search team and interview
process with input from Councilmember Bailey. Everitt stated that he
had checked references. The motion carried 5-0 aye, with
Councilmembers Bailey, Ershadi, Derasary, Jones and Knuteson-Boyd
voting aye.
Councilmember Jones moved to adopt Proposed Resolution #26-2016 —
A Resolution accepting the storm water improvements for Deer Trail
Subdivision and refunding the warranty amount to the Housing
Authority of Southeastern Utah. Seconded by Councilmember Knuteson-
Boyd. City Planner Jeff Reinhart explained details of the amount
refunded. Councilmember Derasary asked about whether known
drainage issues had been addressed. Reinhart responded that they had.
October 25, 2016
Page 5 of 9
PUBLIC HEARING CLOSED
SPECIAL EVENTS LICENCE FOR
UPCYCLED ART PARTY,
APPROVED
APPOINTMENT OF PUBLIC
WORKS DIRECTOR
APPROVAL OF RESOLUTION
#26-2016
Agenda
Page 18 of 191
The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones,
Derasary and Knuteson-Boyd voting aye.
Councilmember Derasary moved to adopt Proposed Resolution #27-
2016 — A Resolution approving a Boundary Line Adjustment for John
Kovash located at 526 Locust Lane. Councilmember Jones seconded the
motion. The motion carried 5-0 aye, with Councilmembers Bailey,
Ershadi, Jones, Derasary and Knuteson-Boyd voting aye.
Councilmember Jones moved to adopt Proposed Ordinance #2016-11—
An Ordinance approving the Annexation of 8.77 Acres for the City of
Moab Waste Water Treatment Plants on Properties Located along the
Western Extension of 400 North Street Right -of -Way. Councilmember
Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with
Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd
voting aye.
Councilmember Derasary moved to approve the first reading and send
to Public Hearing Proposed Ordinance #2016-08 — An Ordinance
Amending Chapter 13.25.060B and 13.25.060 C to modify the Sewer
Impact Fee, to Public Hearing and Second Reading November 8, 2016.
Councilmember Knuteson-Boyd seconded the motion. The motion
carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary
and Knuteson-Boyd voting aye.
Councilmember Jones moved to send Proposed Ordinance #2016-14 —
An Ordinance Amending the Classified Hourly Pay Rate Schedule and
Exempt Officials' Salaries -- to Public Hearing. Councilmember Derasary
seconded the motion. The motion carried 5-0 aye, with Councilmembers
Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd voting aye.
Councilmember Derasary moved to authorize staff to contract with SCB
[Stowell Crayk Bown] to provide public defender services for the City of
Moab. Councilmember Jones seconded the motion. Councilmember
Ershadi questioned how the public defender would be evaluated.
Attorney McAnany stated that he wasn't sure and had never been asked
to perform supervisory duties for this position, and did not participate in
offering this Request For Proposal (RFP). He stated that it is a role that
could be evaluated, based on client reviews. McAnany continued that he
was unaware of any complaints about public defender services offered
October 25, 2016
Page 6 of 9
APPROVAL OF RESOLUTION
#27-2016
APPROVAL OF ORDINANCE
#2016-11
APPROVAL OF ORDINANCE
#2016-08
APPROVAL OF ORDINANCE
#2016-14
APPROVAL OF CONTRACT FOR
PUBLIC DEFENDER SERVICES
Agenda
Page 19 of 191
in Moab. Councilmember Ershadi also asked about oversight of
prosecutorial services and McAnany clarified that he had never been
asked to exercise oversight and that if the Council desires him to
perform such oversight, he would be happy to. Councilmember Derasary
was also curious about how municipalities provide oversight. City
Manager Everitt stated that he will research how other jurisdictions
provide oversight for such services. Councilmember Derasary
commented on the contractor's statement of qualifications in the
proposal and that she had heard from a citizen that in the future, the
RFP should specifically address a bidder's experience working with
minority defendants and court advocates. Recorder Stenta stated that
the public defender is engaged for approximately 20 cases per year.
Councilmember Jones pointed out that the staff of SCB includes many
who are fluent in Spanish. The motion carried 5-0 aye, with
Councilmembers Bailey, Ershadi, Jones, Derasary and Knuteson-Boyd
voting aye. Ershadi then asked if instituting oversight would affect the
outcome of the contract. Everitt stated it wouldn't affect awarding the
contract.
Councilmember Knuteson-Boyd opened a discussion regarding the
Coffee with the Council meetings. Discussion ensued about whether
these meetings are worthwhile based on low turnout. Council agreed to
continue the practice with one -month notice and holding meetings in
coffee shops that are popular places where people gather.
Councilmember Ershadi suggested mixing up times and days, and will e-
mail staff with dates. She will also ask the Chamber of Commerce which
businesses might be interested in hosting events.
There was a Council discussion about whether to meet on election day,
November 8. It was expressed that enough public notice had been put
out with the important sewer topics that the meeting should go on.
Councilmember Jones reported that he had attended meetings
regarding solid waste and the general plan.
Councilmember Knuteson-Boyd stated that she reported on the
interviews earlier in the meeting, and another meeting she was
scheduled for was cancelled for lack of a quorum.
Councilmember Derasary reported that she attended a Trail Mix
October 25, 2016
Page 7 of 9
DISCUSSION REGARDING
COFFEE WITH THE COUNCIL
MAYOR AND COUNCIL
REPORTS
Agenda
Page 20 of 191
meeting, and hosted a Coffee with the Council meeting.
There was no correspondence to be read.
City Manager Everitt had distributed a written report prior to the
meeting and also reported that the City park superintendent Mike Huts
made an emergency repair to the water fountain at Lions Park after
hours.
Discussion ensued about when to schedule workshops to discuss the
upcoming potential sewer connection moratorium. It was decided that
the workshops would be held Monday, October 31 at 6pm and also
Tuesday, November 1 at 5:30pm.
Councilmember Derasary moved to pay the bills against the City of
Moab in the amount of $207,878.64. Councilmember Jones seconded
the motion. The motion carried 5-0 aye, with Councilmembers Bailey,
Ershadi, Jones, Derasary and Knuteson-Boyd voting aye.
Councilmember Jones moved to enter an Executive Session for the
purpose of An Executive Session to Discuss the Character, Professional
Competence, or Physical or Mental Health of an Individual.
Councilmember Ershadi seconded the motion. The motion carried 5-0
aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and
Knuteson-Boyd voting aye. The Executive Session was entered at at
8:35 PM.
Councilmember Ershadi moved to close the Executive Session at 8:53
PM. Councilmember Derasary seconded the motion. The motion carried
5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Derasary and
Knuteson-Boyd voting aye.
Councilmember Ershadi moved to adjourn the meeting. Councilmember
Jones seconded the motion. The motion carried 5-0 aye. The meeting
was adjourned at 8:54 PM.
APPROVED: ATTEST:
David L. Sakrison
Mayor
October 25, 2016
Agenda
Rachel E. Stenta
City Recorder
Page 8 of 9
Page 21 of 191
READING OF
CORRESPONDENCE
ADMINISTRATIVE REPORTS
APPROVAL OF BILLS
EXECUTIVE SESSION ENTERED
EXECUTIVE SESSION CLOSED
ADJOURNMENT
MOAB CITY COUNCIL MINUTES -- DRAFT
SPECIAL WORKSHOP MEETING
October 31, 2016
The Moab City Council held a special workshop study session on the
above date in the Council Chambers at the Moab City Center, located at
217 East Center Street, Moab, Utah.
Mayor Dave Sakrison called the workshop to order at 6:00 PM. In
attendance were Councilmembers Rani Derasary, Heila Ershadi, Tawny
Knuteson-Boyd, Kyle Bailey and Kalen Jones. Also in attendance were
Interim City Manager David Everitt, City Recorder/Assistant City
Manager Rachel Stenta, Community Services Director Amy Weiser, and
City Engineer Phillip Bowman. There were 40 members of the public and
press in the audience.
SPECIAL WORKSHOP STUDY
SESSION & ATTENDANCE
The Workshop consisted of a presentation concerning the Proposed WORKSHOP
Ordinance #2016-15 — An Ordinance Enacting a Moratorium on New
Connections to the City of Moab Wastewater Treatment System, and a
question and answer period for the Council members.
Community Services Director Weiser presented a slide show reviewing
the workshop agenda, recommended action, the Priority Connections
List, the definition of Primary Residences, the definition of Equivalent
Residential Unit (ERU), Interim Measures to the Existing Wastewater
Treatment Plant, and the Timeframe for Construction of the new
Wastewater Treatment Plant.
Councilmember Jones asked if the temporary capacity is equal to
interim measures. The list of Priority Connections was presented, and
was comprised of those projects already in the permitting process.
Approximately 800-1000 ERUs are on the list, which is pending approval
of Council. City Engineer Bowman explained the list. Jones asked about
the Treatment Plant's current ERUs, and Bowman replied that this is
unknown but is discussed in the technical memo.
During the presentation of the Primary Resident definition,
Councilmember Knuteson-Boyd asked about condominiums and
apartments. It was suggested that this question should be addressed to
October 31, 2016
Page 1 of 5
Agenda
Page 22 of 191
the City Attorney at the next meeting.
Councilmember Ershadi posed the question "What got us here?" and
wondered what other options there were besides a moratorium.
Interim City Manager Everitt explained that it would take 18-24 months
for the new facility to come online. He suggested that a hold on new
permits would give the City breathing room due to currently operating
at capacity. Everitt explained that the memo from the engineering
consultants would explain the state of current conditions better at the
next meeting.
The Mayor explained that the plant is very near its hydraulic capacity.
The discharge doesn't meet state requirements and for the last three
years, the City has violated the environmental quality standards
regularly.
The City Engineer stated that the engineer's memo is a public document
that will be on the City's website. He explained that every hotel room
equals 0.8 ERU, so a 100-room hotel equals an impact of 80 ERUs.
The Mayor explained that one of the delays in beginning construction of
the new Wastewater Treatment Plant was due to a report of an
endangered bird, the yellow -billed cuckoo. The US Fish & Wildlife
biologists did not find any birds; there were comments from the public
relating to the bird. Once construction begins it cannot stop because a
bird might appear and thus delay the project until next September.
Councilmember Derasary asked if there is a history of capacity studies.
The Mayor responded that six weeks ago a study was commissioned. He
did not know of studies prior to this. Derasary went on to ask what
standards exist for community reporting on monitoring. Engineer
Bowman stated that there is no standard that would compare to the
water quality report provided to the community annually. Derasary
continued that the City needs to educate the public about what is meant
by "capacity" and if the City is operating at capacity, who can the
moratorium exempt residential units?
Councilmember Ershadi stated that citizens engaged in the construction
industry would be negatively affected. The Mayor responded that there
October 31, 2016
Page 2 of 5
Agenda
Page 23 of 191
are ethical considerations of operating out of compliance.
Councilmember Jones asked about the Priority List.
Councilmember Bailey commented that there are currently more than
four times the allowed connections in Spanish Valley. Councilmember
Ershadi asked how this happened. Bailey responded that the agreement,
which was nearly signed, includes Spanish Valley in the moratorium.
Bailey agreed that the issue should have been addressed a long time ago
and stated that in 2014, the Moab City Manager and Public Works
Director told the Council that the capacity existed when it did not.
Councilmember Ershadi stated that was correct. Councilmember Bailey
continued that the Council was relying on information that was
inaccurate. Councilmember Ershadi stated that a few months after that
in 2014, the City Engineer said that an upgrade was needed and that
was when awareness of the issue was dawning in the public.
Councilmember Bailey stated that Bowen Collins was brought onboard
in April 2014 and a contract was entered into to evaluate a new plant.
Community Services Director Weiser stated that the permit to construct
the new plant was submitted to DEQ one and a half years ago.
Councilmember Derasary asked if there are seasonal variations that
affect the efficiency of the existing plant. Engineer Bowman stated that
the consulting engineer had two models for high season and cold
season.
Councilmember Bailey commented that the EPA hasn't charged the City
with a fine for violations but they could; they understand the City is
trying to build a new plant. The Mayor added that the City has to do
something, and that the City can't not act.
Councilmember Derasary asked what standards are not being met by
the City? Engineer Bowman replied a coli, Biochemical Oxygen Demand
(BOD), and Total Suspended Solids (TSS).
Councilmember Knuteson-Boyd asked what if the City doesn't do
anything? Is there raw sewage coming up residential drains? Interim City
Manager Everitt replied that if the City takes no action, there will be
more violations. He went on to explain that there won't be backup in
drains, but rather there will be higher contamination of what is going
October 31, 2016
Page 3 of 5
Agenda
Page 24 of 191
into the river. Knuteson-Boyd asked if conservation was an option.
Engineer Bowman explained that conservation of such a magnitude is
incomprehensible, but he'd check with the consultant. Everitt replied
that the short answer is no. Councilmember Bailey mentioned that
garbage disposals are a significant factor, and the Mayor added that
grease is also significant and shouldn't be poured down drains.
Councilmember Jones asked about a moratorium in zones that allow
overnight rentals, and suggested only allowing affordable housing.
Community Services Director Weiser explained the Primary Residence
rule would apply in any zone, and that permits that have already been
pulled would be exempted. She suggested that this topic be discussed
with the City Attorney. Jones also referenced the paragraph 5.a in the
draft and the affidavit of primary residence was discussed. Everitt
mentioned the definition of affordable housing needs to be established.
Jones questioned if a Class B misdemeanor is sufficient, and Weiser
recommended asking the Attorney. Councilmember Knuteson-Boyd
asked about enforcement.
Councilmember Jones asked about the timeline. The Mayor explained
there are options on the table. The first is septage from area vault
toilets. The DEQ would like the two septage vendors to transport
septage out of the area.
Councilmember Derasary asked if there are allowances for exempting
small projects and added that exclusions need to be substantiated.
The Mayor reiterated that the City has had substantial violations, not
just by a few points.
Councilmember Jones speculated that the Primary Connections List
might or might not be offset by redirecting the septage. Also, he pointed
out that some of the projects on the list will not come online till near the
completion of the new plant.
Engineer Bowman referenced the Technical Memo and stated that the
breakdown of ERUs is as follows: 6,107 ERUs are from Moab (58%),
2,944 are from Spanish Valley (28%), and 1,373 are from Septage (13%).
Councilmember Jones asked if Moab City can receive the septage and
act as a transfer station. The Mayor suggested that he believes the NPS
would transport their own waste.
October 31, 2016
Page 4 of 5
Agenda
Page 25 of 191
Councilmember Jones also asked about impact fees. He stated that
these fees are set by state law, and wondered if septage is subject to the
same rules. The Mayor stated that the fees for septage are contractual
with the City.
The meeting was adjourned at 7:30 PM.
APPROVED: ATTEST:
David L. Sakrison Rachel E. Stenta
Mayor City Recorder
October 31, 2016
Page 5 of 5
ADJOURNMENT
Agenda
Page 26 of 191
City of Moab
217 East Center Street
Moab, Utah 84532-2534
(435) 259-5129
Fax (435) 259-0600
Background
Mayor: David L. Sakrison
Council: Kyle Bailey
Rani Derasary
Heila Ershadi
Kalen Jones
Tawny Knuteson-Boyd
Council Workshop
Potential Moratorium Regarding Sewer Connections
October 26, 2016
The City of Moab currently operates a wastewater treatment facility ("WWTP") that serves the combined
wastewater treatment needs of the City of Moab, the Spanish Valley Water and Sewer Improvement
District (SVWSID), and septage haulers who discharge into the Plant. The WWTP was constructed in
1959 and has been upgraded twice since construction. Treated effluent from the Plant enters the Colorado
River.
Recently, a study commissioned by the City revealed that over the last few years, during this period of
unprecedented growth in short term rentals, secondary residences, and tourist visitation, the WWTP has
periodically exceeded effluent limitations established by the Utah Department of Environmental Quality.
This study concludes that the WWTP is currently operating with minimal ability to stay within regulatory
limits and accept additional inflows.
While the City has undertaken a number of modifications to treatment processes over the life of the
current facility in an effort to improve treatment efficiency, the acceleration and increased levels of
concentration of inflows over the past few years have exceeded the WWTP's ability to consistently meet
the effluent requirements.
The City is moving quickly now to figure out if changes to current treatment systems can be implemented
to correct this issue, and if so, how to fund those changes. Simultaneously, the City is finalizing design
and preparing to award contracts for the construction of a new wastewater treatment facility, but the new
facility may not be operational until late 2018.
In the interim, the City has received additional requests for wastewater treatment service from residential
and commercial development that is in progress within the City and Grand County; at this point,
anticipated future requests for sewer service are likely to exceed available WWTP capacity.
Recommended Action
While the City moves ahead with identifying ways to create capacity at the current facility, we
recommend that the Council consider adopting a temporary moratorium on connections to the wastewater
treatment system from prospective applicants that are not already substantially engaged in the permitting
and plan review process, but with some kinds of prospective applicants exempted from the moratorium
(details below).
It is our expectation that any moratorium will not last long, but until we have a better sense of how much
capacity can be added to the current facility, we cannot say for sure how long it will last. It is also very
possible that incremental capacity -increasing measures can be implemented that would allow for limited
Agent
Page 27 of 191
connections to happen episodically. (We may have additional information about potential interim
measures for you to consider at Monday's workshop.)
The City recognizes that a number of applicants within the City and Grand County have procured land
use entitlements (including building permits) for the construction of new facilities, or submitted land use
applications that have been deemed complete. In an effort to avoid hardship to those who may have relied
in good faith upon these land use approvals or review processes, the City compiled a Priority Connections
List for the Council to consider for exemption from the applicability of a moratorium.
The moratorium ordinance, as proposed, contains the following:
It exempts all applications that are on the Priority Connections List;
- It exempts all future primary residential development, whether it is on the List or not: and
- It establishes the moratorium until the Council repeals it.
However, the Council has a range of options for how to proceed. Given conversations and public
feedback thus far, staff propose that the Council consider the using following approach to determine the
parameters of the moratorium. The Council may certainly decide that different criteria should be
considered, but we wanted to provide you with a starting point.
1) Determine the type and amount of development on the Priority Connections List (as of October
21, 2016) that should be exempted:
a. All applications (commercial and residential) on the Priority Connection list; OR
b. Only applications (commercial and residential) on the Priority Connection list with 10
ERUs or less; OR
c. All residential applications, but only commercial applications of 10 ERUs or less.
2) Determine the type and amount of future development that should be exempted:
a. All future single-family primary residential applications; OR
b. All future applications for deed -restricted housing; OR
c. All future primary residential applications up to 5 ERUs; OR
d. All future connections, residential and commercial, up to 5 ERUs.
3) Determine the length of the moratorium and how it ends:
a. Set a time limit (e.g., 45 days), at which point it is automatically canceled; OR
b. Set it as having an indefinite duration, canceled by the Mayor; OR
c. Set it as having an indefinite duration, canceled by council action.
Agenda
Page 28 of 191
2
CITY OF MOAB ORDINANCE NO. 2016-15
AN ORDINANCE ENACTING A MORATORIUM ON NEW CONNECTIONS TO THE CITY
OF MOAB WASTEWATER TREATMENT SYSTEM.
The following findings describe the reasons for this ordinance and explain its purpose:
a. The City of Moab currently operates a wastewater treatment facility situated on west 400
North Street (the "WWTP" or the "Plant"). The WWTP currently serves the combined
wastewater treatment needs of the City of Moab, the Spanish Valley Water and Sewer
Improvement District (SVWSID), and septage haulers who discharge into the Plant. Service to
persons outside of the municipal limits of the City of Moab is provided pursuant to an agreement
with the SVWSID.
b. The WWTP was constructed in 1959 and has been upgraded twice since construction.
Treated effluent from the Plant enters the Colorado River.
c. Periodically over the last few years the City has risked exceeding effluent limitations
established by the Utah Department of Environmental Quality. The City has undertaken a
number of modifications to treatment processes in an effort to improve treatment efficiency at
the Plant.
d. Engineers retained by the City have recently concluded that the WWTP is operating at
capacity, with minimal ability to accept greater inflows without changes to treatment systems.
The City is currently studying if changes to treatment systems can be implemented, and at what
cost.
e. The City is finalizing design and preparing to award contracts for the construction of a
new wastewater treatment facility. However, the new facility may not be operational until late
2018.
£ In the interim, the City is receiving additional requests for wastewater treatment service
from residential and commercial development within the City and Grand County. Reasonably
anticipated requests for sewer service are likely to exceed available WWTP capacity.
g. The City of Moab possesses authority to regulate and control connections to its
wastewater treatment system pursuant to existing ordinances. M.M.C. § 13.08.010, et seq.
h. It is in the best interests of the City of Moab, its citizens, and the environment that the
City undertake a review of WWTP capacity, and that it halt new connections to the wastewater
treatment system until such time as treatment capacity is available. The City finds a compelling
public interest to enact this ordinance.
i. The City is also cognizant that moratoria on new wastewater connections may have an
adverse effect on the City's efforts to encourage the construction of affordable housing for
people who live and work in Moab. Therefore, the City concludes that it is in the best interest of
the City of Moab that the moratorium in this ordinance contain an exception for new wastewater
connections serving the primary residence of persons who live in Moab and Grand County.
1
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Page 29 of 191
Now therefore, the City of Moab enacts the following:
1. Definitions.
a. The term "Equivalent Residential Unit" or "BRU" means the average wastewater
generation, measured on a calendar month basis during the peak month of the year, for a typical
residence. For purposes of this ordinance, one ERU shall be equal to a peak month flow of four
thousand four hundred (4,400) gallons of wastewater at an average Biological Oxygen Demand
(BOD) strength of 300 mg/L and a Total Suspended Solids (TSS) strength of 280 mg/L.
b. The term "Existing Connection" means a lawfully established plumbing
connection to the City of Moab wastewater system and WWTP as of the effective date of this
ordinance, whether located within or outside of the City of Moab municipal limits, where the
property owner has paid all applicable connection fees and impact fees.
c. The term "Primary Residential Connection" mean a wastewater connection
serving a residence which is established after the effective date of this ordinance where the
owner certifies, under penalty of perjury, that he/she: i) is a full-time resident of Grand County
and/or the City of Moab; and ii) the dwelling is used as a personal residence, and not for a
commercial use, overnight lodging, as a second home, or for tourism related uses.
2. Moratorium on New Sewer Connections. Except as provided in this ordinance, no new
or expanded plumbing connections to the City of Moab wastewater treatment system or WWTP,
whether occurring inside or outside of the municipal limits of the City of Moab, shall be
permitted upon the effective date of this ordinance.
3. Effective Date and Duration. This ordinance shall take effect immediately upon
passage, and shall continue until repealed. It is the policy of the City that this ordinance will be
reviewed when City staff determines that additional wastewater treatment capacity is available.
This ordinance shall supersede and take precedence over any conflicting ordinances or policies
of the City of Moab.
4. Applicability to Other Agencies or Agreements. This ordinance shall apply to, and
supersede, all existing agreements governing connections to the City of Moab wastewater
treatment system, whether such connections occur inside or outside of City of Moab territorial
limits The City directs that the SVWSID, and/or the Grand Water and Sewer Service Agency
take all appropriate steps to implement this ordinance as to future connections to the City of
Moab wastewater treatment system which may be sought within the jurisdictions of those
agencies. Additionally, the City requests that the Grand County Building Inspector inform all
new building permit applicants who may require a sewer connection of the existence of this
ordinance at the time of permit application.
5. Priority Connections and Exceptions to the Moratorium. The City acknowledges that
a number of persons within the City and Grand County have procured land use entitlements
(including building permits) for the construction of new facilities as of the effective date of this
ordinance, or submitted land use applications that have been deemed complete at the time of the
adoption of this ordinance. In an effort to avoid hardship to those who may have relied in good
2
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Page 30 of 191
faith upon these land use approvals or review processes, the following Priority Connections, as
defined in Exhibit 1, attached, shall be excluded from the applicability of this ordinance. In every
case, Priority Connections must pay all applicable connection fees, impact fees, and service fees;
and wastewater service must be lawfully installed.
a. Future applications that are for pPrimary (Residential ttUse (Primary Residential
Connections) shall be exempted from the moratorium provisions of this ordinance.; In every
case, Primary Residential Connections may pay all applicable connection fees, impact fees, and
service fees; and wastewater service must be lawfully installed.
b. Existing Connections are unaffected by the moratorium provisions of this
ordinance. Existing Connections may be repaired or replaced incident to lawful remodeling or
repair activities, provided that there shall be no increase in connection size or capacity associated
with any repair or remodeling work.
c. For the duration of this ordinance there shall be no transfer or assignment of
Existing Connectionszer-_Priority Connections, or Primary Residential Connections from any
location other than as specified at the time s the existing location of service is established. er- the
location of the Priority Connection. Any purported transfer of connections or purported
connection rights shall be void.
6. Implementation/Enforcement. The staff of the City of Moab is directed to take all
necessary steps to implement this ordinance. Staff is additionally directed to study and report to
the City Council on the subject of additional modifications to treatment processes at the WWTP
which may be undertaken to improve treatment efficiency and/or capacity until such time as the
new treatment plant is operational.
a. Where land use applications requiring a wastewater treatment connection are
received by the City after the effective date of this ordinance, the City is authorized to review
and, if appropriate, approve those applications, subject to the following condition:
This development requires service from the City of Moab wastewater treatment plant. Due to a current lack of
system capacity, the City will not be able to provide sewer service to this project until treatment plant upgrades
are in place. Therefore, approval of this project is subject to the following condition:A Certificate of Occupancy
will not be permitted until such time as treatment capacity, as determined by the City of Moab, is available, and
a wastewater treatment connection is installed.
b. No person shall: i) engage in any development requiring a wastewater treatment
connection in violation of this ordinance; ii) construct or install a connection to the City
wastewater treatment system in violation of this ordinance; or iii) violate any other provisions of
this ordinance. Violation may be punishable as a Class B misdemeanor. Alternately, the City
may bring an action to enjoin or abate any violation. In any such civil enforcement proceeding
the City need only establish the fact of a violation, and need not post any bond as a condition to
obtain an injunction. In addition to any other relief, the court may award the City its reasonable
attorney fees and costs incurred in any enforcement action under this ordinance.
3
Agenda
Page 31 of 191
7. Severability. If any provision of this ordinance shall be found to be invalid by any court
with jurisdiction, the provision shall be severed and the remainder of the ordinance shall be
enforced without the severed provision.
Approved and adopted this day of November, 2016.
By:
Mayor David Sakrison
Attest:
By:
Rachel Stenta, Recorder Date
Attached: Exhibit 1, List of Priority Connections Exempt Projects
4
Agenda
Page 32 of 191
Permit Report
01/01/2013-10/17/2016
Count
City
Permit
Number
City or
Count
Residential
or
Commercial
Type of Permit
Building Address
Status
City of Moab
Residential
New construction
1780 Mill Creek Drive
Multi -family housing - 215 units
Open
Approved by PC 9/24/2015
City of Moab
Commercial
New Construction
1000 Sand Flats Road
Lionsback Development
Open
Approved by CC 6/24/2008
aty of Moab
Commercial
New construction
712 N. Mi Vida
Moab Bolt - Retail & bike shop
I n Review
App. Received 10/12/2016
aty of Moab
Commercial
Addition/Remodel
690 S. Main
Moab Brewery Distillery
I n Review
App. Received 9/9/2016
2/3/2016
aty of Moab
Commercial
New construction
890 N Main
Hotel - Moab Race/Hyatt Race
I n Review
App. Received 6/13/2016
5/2/2016
aty of Moab
Commercial
New construction
356 S Main
Hotel - Sleep Inn & MainStay Suites
In Review
App. Received 5/2/2016
6/20/2016
aty of Moab
Commercial
Remodel
245 W Williams Way
Hotel - Overnight rental units 3 units
I n Review
App. Received 4/4/2016
10/26/2015
aty of Moab
Commercial
Addition
96 S Main
Rooftop patio addition
In Review
Approved by PC 9/22/2016
1702
4/5/2016
aty of Moab
Commercial
Remodel
39 E 100 N
Moonflower Market addition and remodel
Open
Approved by PC 7/14/2016
2683
10/13/2016
aty of Moab
Commercial
Remodel
125 E Center
Jail renovation
Open
Approved by PC 9/22/2016
2637
7/1/2016
aty of Moab
Commercial
New construction
301 S Main
High Point Hummer rentals & office
Open
1
2253
4/21/2014
aty of Moab
Commercial
New construction
51 N 100 W
Hoodoo hotel and restaurant
Open
2605
5/19/2016
aty of Moab
Commercial
New construction
165 W Center St
Hotel - Overnight rental units 2 units
Open
2611
6/2/2016
aty of Moab
Commercial
New construction
301 S 400 E
Moab Realty Office Building
Open
10/17/2016
aty of Moab
Commercial
Remodel
95 N Main
Change of use - storage to kitchen
In Review
10/18/2016
aty of Moab
Residential
Remodel
810 Mill Creek Dr
Change of use/duplex
In Review
2668
9/2/2016
aty of Moab
Residential
Addition/Remodel
161 E 100 N
Addition/Remodel
Open
2658
8/8/2016
aty of Moab
Residential
Addition
796 Mountainview Dr
Accessory dwelling unit addition and remodel
Open
2663
8/24/2016
aty of Moab
Residential
Addition/Remodel
71 E 200 N
Change of use/ADU
Open
2669
9/2/2016
aty of Moab
Residential
Remodel
521 & 515 N Taylor Ave
Change of use/duplex
Open
2348
12/11/2014
aty of Moab
Residential
New construction
261 Walnut Ln
Hoodoo Employee housing
Open
260
5/23/2016
aty of Moab
Residential
Manufactured home--
382 W Moenkopi
Manufactured home on private property
Open
25
5/11/2016
aty of Moab
Residential
Manufactured home--
382 W Chinle Ave
Manufactured home on private property
Open
10/21/2016
aty of Moab
Residential
New construction
1146 E Bonita St
New residence
In Review
10/21/2016
aty of Moab
Residential
New construction
1126 E Bonita St
New residence
In Review
10/21/2016
aty of Moab
Residential
New construction
1104 E Bonita St
New residence
In Review
10/21/2016
aty of Moab
Residential
New construction
1098 E Bonita St
New residence
In Review
10/21/2016
aty of Moab
Residential
New construction
1064 E Bonita St
New residence
In Review
10/17/2016
aty of Moab
Residential
New construction
780 Palisade
New residence
In Review
10/17/2016
aty of Moab
Residential
New construction
621 Doc Allen Drive
New residence
In Review
10/17/2016
aty of Moab
Residential
New construction
644 Doc Allen Drive
New residence
In Review
10/17/2016
aty of Moab
Residential
New construction
748 W Bartlett St
New residence
In Review
10/13/2016
aty of Moab
Residential
New construction
670 E Bittle Ln
New residence
In Review
10/13/2016
aty of Moab
Residential
New construction
1127 E Bonita St
New residence
In Review
1/6/2016
aty of Moab
Residential
New construction
414 E Secret Cove Ct
New residence
In Review
2665
8/31/2016
aty of Moab
Residential
New construction
571 E Dragon Fly Tr
New residence
Open
2656
8/4/2016
aty of Moab
Residential
New construction
637 S 400 E
New residence
Open
2655
8/4/2016
aty of Moab
Residential
New construction
635 S 400 E
New residence
Open
2652
7/22/2016
aty of Moab
Residential
New construction/straw
608 River Sands Dr
New residence
Open
2653
7/26/2016
aty of Moab
Residential
New construction
1299 E Dream Dr
New residence
Open
2627
6/28/2016
aty of Moab
Residential
New construction/straw
671 E Dragon Fly Trail
New residence
Open
2626
6/28/2016
aty of Moab
Residential
New construction/straw
661 E Dragon Fly Trail
New residence
Open
2675
9/29/2016
aty of Moab
Residential
New construction
486 Locust Ln
New residence
Open
2586
4/20/2016
aty of Moab
Residential
New construction
258 S 200 E
New residence
Open
2580
4/4/2016
aty of Moab
Residential
New construction
1316 E Dream Dr
New residence
Open
2576
3/23/2016
aty of Moab
Residential
New construction
1293 E Dream Dr
New residence
Open
2543
2/2/2016
aty of Moab
Residential
New construction
1291 E Dream Dr
New residence
Open
2564
3/4/2016
aty of Moab
Residential
New construction
1389 Powerhouse Ln
New residence
Open
2468
9/15/2015
aty of Moab
Residential
New construction/straw
491 E Nichols Ln
New residence
Open
2453
8/21/2015
aty of Moab
Residential
New construction
191 E 200 N
New residence
Open
2673
9/12/2016
aty of Moab
Residential
New construction
295 Aspen Ave
New residence - accessory dwelling unit
Open
Residential
Commercial
Change of use/intensity
Workforce Housing
Manufactured Home
Page 33 of 191
2640
7/12/2016
City of Moab
Residential
New construction/ADU
532 Doc Allen Dr
New residence - accessory dwelling unit
Open
2450
8/18/2015
aty of Moab
Residential
New construction
434 Ute ar
New residence - accessory dwelling unit
Open
2600
5/16/2016
aty of Moab
Residential
New construction
631 W 470 N
New residence - Building 3, Unit 1, Plan C
Open
2601
5/16/2016
aty of Moab
Residential
New construction
635 W 470 N
New residence - Building 3, Unit 2, Plan B
Open
2602
5/16/2016
aty of Moab
Residential
New construction
639 W 470 N
New residence - Building 3, Unit 3, Plan B
Open
2603
5/16/2016
aty of Moab
Residential
New construction
643 W 470 N
New residence - Building 3, Unit 4, Plan C
Open
2628
6/29/2016
aty of Moab
Residential
New construction
672 W 470 N
New residence - Building 4, Unit 1, Plan C
Open
2629
6/29/2016
aty of Moab
Residential
New construction
668 W 470 N
New residence - Building 4, Unit 2, Plan B
Open
2630
6/29/2016
aty of Moab
Residential
New construction
664 W 470 N
New residence - Building 4, Unit 3, Plan B
Open
2631
6/29/2016
aty of Moab
Residential
New construction
660 W 470 N
New residence - Building 4, Unit 4, Plan A
Open
2632
6/29/2016
aty of Moab
Residential
New construction
652 W 470 N
New residence - Building 5, Unit 1, Plan C
Open
2633
6/29/2016
aty of Moab
Residential
New construction
648 W 470 N
New residence - Building 5, Unit 2, Plan B
Open
2634
6/29/2016
aty of Moab
Residential
New construction
644 W 470 N
New residence - Building 5, Unit 3, Plan B
Open
2635
6/29/2016
aty of Moab
Residential
New construction
640 W 470 N
New residence - Building 5, Unit 4, Plan C
Open
2621
6/13/2016
aty of Moab
Residential
Modular home
396 & 398 Loveridge
New residence - duplex
Open
2651
8/11/2016
aty of Moab
Residential
New construction
1136 E Bonita St
New residence - Valley View - Model B
Open
2647
7/21/2016
aty of Moab
Residential
New construction
1079 E Bonita St
New residence - Valley View - Model B
Open
2645
8/1/2016
aty of Moab
Residential
New construction
1095 E Bonita St
New residence - Valley View - Model B
Open
2644
7/21/2016
aty of Moab
Residential
New construction
1103 E Bonita St
New residence - Valley View - Model B
Open
2643
7/21/2016
aty of Moab
Residential
New construction
1111 E Bonita St
New residence - Valley View - Model B
Open
2642
7/21/2016
aty of Moab
Residential
New construction
1119 E Bonita St
New residence - Valley View - Model B
Open
2646
7/21/2016
aty of Moab
Residential
New construction
1087 E Bonita St
New residence - Valley View - Model C
Open
2650
7/21/2016
aty of Moab
Residential
New construction
1116 E Bonita St
New residence - Valley View - Model D
Open
2649
7/21/2016
aty of Moab
Residential
New construction
1110 E Bonita St
New residence - Valley View - Model D
Open
2648
8/1/2016
aty of Moab
Residential
New construction
1073 E Bonita St
New residence - Valley View - Model D
Open
9/12/2016
Grand County
Commercial
New construction
1030 S Bowling Alley Ln
Modular building
In review
9/26/2016
Grand County
Commercial
Utilities
1151 S Hwy 191
Six RV hookups
In Review
7427
6/25/2013
Grand County
Commercial
New construction
2176 S Hwy 191
Warehouse
Open
7841
12/11/2015
Grand County
Commercial
New construction
3071 S Hwy 191
Storage/shop
Open
7994
9/30/2016
Grand County
Residential
Remodel
3126 S Spanish Valley Dr
Change of use/ADU
Open
7711
3/11/2015
Grand County
Residential
Remodel
1805 S Shumway Ln
Change of use/remodel
Open
10/19/2016
Grand County
Residential
Modular home
2449 E San Jose Rd
New residence - modular home
In Review
10/20/2016
Grand County
Residential
New construction
780 Palisade
New residence
In Review
10/13/2016
Grand County
Residential
New construction
11 B S Village Loop
New residence
In Review
10/13/2016
Grand County
Residential
New construction
11A S Village Loop
New residence
In Review
10/13/2016
Grand County
Residential
New construction
18B S Village Loop
New residence
In Review
10/13/2016
Grand County
Residential
New construction
18A S Village Loop
New residence
In Review
10/4/2016
Grand County
Residential
New construction
2921 E Desert Rd
New residence
In Review
8/17/2016
Grand County
Residential
New construction
1366 West Kayenta Dr
New residence
In Review
9/26/2016
Grand County
Residential
New construction
4370 BIu Vista Dr
New residence
In Review
10/4/2016
Grand County
Residential
New construction
2911 E Desert Rd
New residence - accessory dwelling unit
In Review
10/3/2016
Grand County
Residential
New construction
2511 E Redcliff Rd, #2
Redcliff Condominiums - Bldg 2 12 units
In Review
7302
3/15/2012
Grand County
Residential
New construction
2464 Spanish Valley Dr
New residence
Open
7540
3/24/2014
Grand County
Residential
New construction
4058 Mountain Ct
Shop/ADU
Open
7681
7/29/2015
Grand County
Residential
New construction
1888 S Desert Hills Dr
Crarage/ADU
Open
8008
10/11/2016
Grand County
Residential
New construction
3853 Red Valley ar # 11-A8
New residence
Open
8007
10/11/2016
Grand County
Residential
New construction
3853 Red Valley ar # 11-A7
New residence
Open
8006
10/11/2016
Grand County
Residential
New construction
3853 Red Valley ar # 11-A6
New residence
Open
7988
9/23/2016
Grand County
Residential
New construction
3853 Red Valley ar # 10-A5
New residence
Open
7987
9/23/2016
Grand County
Residential
New construction
3853 Red Valley ar # 10-A4
New residence
Open
7986
9/23/2016
Grand County
Residential
New construction
3853 Red Valley ar # 10-A3
New residence
Open
8002
10/11/2016
Grand County
Residential
New construction
3853 Red Valley ar # 11-A2
New residence
Open
8001
10/11/2016
Grand County
Residential
New construction
3853 Red Valley ar # 11-A1
New residence
Open
7991
9/23/2016
Grand County
Residential
New construction
3853 Red Valley ar # 10-A8
New residence
Open
7990
9/23/2016
Grand County
Residential
New construction
3853 Red Valley ar # 10-A7
New residence
Open
7989
9/23/2016
Grand County
Residential
New construction
3853 Red Valley ar # 10-A6
New residence
Open
7988
9/23/2016
Grand County
Residential
New construction
3853 Red Valley ar # 10-A5
New residence
Open
7987
9/23/2016
Grand County
Residential
New construction
3853 Red Valley ar # 10-A4
New residence
Open
Page 34 of 191
7986
9/23/2016
Grand County
Residential
New construction
3853 Red Valley Cir # 10-A3
New residence
Open
7985
9/23/2016
Grand County
Residential
New construction
3853 Red Valley ar # 10-A2
New residence
Open
7984
9/23/2016
Grand County
Residential
New construction
3853 Red Valley ar # 10-A1
New residence
Open
7998
10/4/2016
Grand County
Residential
New construction
3998 Chapman Ln
New residence
Open
7976
9/2/2016
Grand County
Residential
New construction
20 Desert Wind Dr
New residence
Open
7975
9/2/2016
Grand County
Residential
New construction
19 Desert Wind Dr
New residence
Open
7974
9/2/2016
Grand County
Residential
New construction
18 Desert Wind Dr
New residence
Open
7973
9/2/2016
Grand County
Residential
New construction
17 Desert Wind Dr
New residence
Open
7983
9/22/2016
Grand County
Residential
New construction
4144 E Moffitt Ln
New residence
Open
7963
8/10/2016
Grand County
Residential
New construction
1381 B Spanish Valley Dr
New residence - accessory dwelling unit
Open
7944
7/21/2016
Grand County
Residential
New construction
2251 S Rio Verde
New residence
Open
7947
7/22/2016
Grand County
Residential
New construction/straw
1140 E San Juan Dr
New residence
Open
7942
7/7/2016
Grand County
Residential
New construction
2136 E Wagon Trail Rd
New residence
Open
7971
8/31/2016
Grand County
Residential
New construction
4308 Blu Vista Dr
New residence
Open
7935
6/21/2016
Grand County
Residential
New construction
4175 E Easy St
New residence
Open
7931
6/13/2016
Grand County
Residential
New construction
2250 SArena Roja
New residence
Open
7915
5/24/2016
Grand County
Residential
New construction
1081 Wagner Ave
New residence
Open
7911
5/12/2016
Grand County
Residential
New construction
4631 S Pueblo Verde Dr
New residence
Open
7903
4/25/2016
Grand County
Residential
New construction
4293 Blu Vista Dr
New residence
Open
7937
6/23/2016
Grand County
Residential
New construction
3171 George White Rd
New residence
Open
7908
5/2/2016
Grand County
Residential
New construction
4194 E Lipiaan Jump
New residence
Open
7893
4/1/2016
Grand County
Residential
New construction
4264 Valle Del Sol Dr
New residence
Open
7855
1/15/2016
Grand County
Residential
Addition/Remodel
1081 N Kayenta Dr
New residence
Open
7848
12/22/2015
Grand County
Residential
New construction
966 W Westwood
New residence
Open
7856
1/20/2016
Grand County
Residential
New construction
3257 Far Country Dr
New residence
Open
7831
11/10/2015
Grand County
Residential
New construction
3862 S Desert Willow Or #9-A6
New residence
Open
7830
11/10/2015
Grand County
Residential
New construction
3862 S Desert Willow Or #9-A5
New residence
Open
7829
11/10/2015
Grand County
Residential
New construction
3862 S Desert Willow Or # 9-A4
New residence
Open
7827
11/10/2015
Grand County
Residential
New construction
3862 S Desert Willow Or #9-A2
New residence
Open
7826
11/10/2015
Grand County
Residential
New construction
3862 S Desert Willow Or #9-A1
New residence
Open
7858
1/22/2016
Grand County
Residential
New construction
2726 Old City Park Rd
New residence
Open
7759
6/5/2015
Grand County
Residential
New construction
3862 S Desert Willow Or #8-A6
New residence
Open
7756
6/5/2015
Grand County
Residential
New construction
3862 S Desert Willow Or #8-A3
New residence
Open
7837
12/7/2015
Grand County
Residential
New construction
2070 E Munsey Dr
New residence w/ADU
Open
7863
2/3/2016
Grand County
Residential
New construction
821 & 823 S 400 E
New residence w/ ADU
Open
7683
1/30/2015
Grand County
Residential
Permit renewal
3270 R imrock Rd
New residence w/ADU final CO
Open
7925
6/6/2016
Grand County
Residential
New construction
2511 E Redcliff Rd, #5
Redcliff Condominiums - Bldg 5
Open
Page 35 of 191
l N l > , , ! i I\ AI
Agenda Item
#: 7-2
[Title: Approval of unbudgeted emergency purchase of a 185 CFM Air
Compressor at a cost not to exceed $20,000.00
Fiscal Impact: $20,000.00
Staff Presenter(s): Public Works Department
Department: Water
Agenda
01TY flip
•Itai._ L
MOAB
Background/Summary:
We are requesting an unbudgeted purchase of a 185 CFM Air Compressor for
State Contract price of $19,950.00. At this time the Water Department
compressor has been at the WWTP for over a year. We utilize this piece of
equipment on an average of one or more times a week for multiple excavation
projects that require boring.
This minimizes road excavation, time on site and labor.
There are multiple reasons we are unable to use or take the Air Compressor from
the WWTP:
1. Their treatment demands the Air Compressor be on site daily.
2. In fear of cross contamination the Water Department is unable to utilize this
machine for culinary water applications such as repairs and instillation of water
service connections.
3. Also the Parks Department and Facilities utilizes the air compressor in the
yearly winterizing of all the parks and facilities which is coming up in this month.
4. It is now becoming a time sensitive matter because of the changing weather
and Cate equipment has to order one for us from the factory.
Options: Approve, Approve with conditions.
Staff Recommendation: City staff recommend approval of the request.
Approval is subject to compliance with Policy and Purchasing Procedures.
Recommended Motion: Approve.
Attachment(s):
Cate Equipment Email with Correct State Contract Pricing
Utah State Contract with Photos
Page 36 of 191
10202016 City of Moab Mail - 185 CFh1 Al r Compressor SOl a of Utah Contract FD2306
Leigh Anne Reinhart ‹shop moabcity.org>
b+liUAW
185 CFM Air Compressor - State of Utah Contract PD2306
1 Message
Myke Thurman <mthurman ■+oateequipment_oorn>
To: "Kelly moebcity org" Skelly moabcity,orp
Co: "shop rneabcity,erg" <shop moabcily.dip
Hi Kelly 8 l_eanno,
Wed. Nov 2, 2016 at 11:31 AM
Were is the breakdown on the pncing Far the compressor that iS Currently offered under Slate Contracl PD2306'
• State Contract PD2306 machine (Daosan model P 185WDO-T4F "platinum design' fully equipped as bid) _
524,110.00
Deduct for all additional oplions that were requested under the slate contract bid = <13,050.00>
■ Bags G'oosan model P 165 DO-T4F 'platinum design" _ 521,090.O0
Deduct for a C1B5WU T4F "clam -shell design" m iieu of the P185WD0-T4F "platinum design" _
- 1,141/ 005
■ Bare l7oosen model C.186VVD7-T4F "clam -shell design" = S19,950.00
Please let me know if VDI) gave any questions
Thank you,
Myke Thurman
Cate Equipment Company
2056 South Pioneer Road
Sett Lake slily, UT 84104
(801) 973-2900 — Office
(801) 541-8232 — Ceii
o01} 973-2940 — Fax
mthurmani aaleenuiorne t,00m
www. cai esouipm ent .com
2 attachments
Agenda
Page 37 of 191
mcps niailgeogiecornhnalfu[ru=?E4=a5dcbe1a7f&rfie=pt&searrh=inbox&th=1582618Fe96'62918s1m1=1540113t i
1.7
STATE F UTAH 'CREST VALVE" COOPERATIVE', CONTRACT
CONTRACT NUMBER: PD2306
Reri iOn number,
hem' Towiible Air Compressor§
vendor, Va{ ° 70378
Internet Nornepage:
General Contact:
Pl�otnc:
Email;
Usage Report Contact:
Reporting Type:
Brand/trade name -
Price:
Terms:
Effective dotes:
rotenlial renewal options 'trimming:
Days required for delivery:
Price guarantee period:
Freight:
Minimum order-
tv!in shipment without charges:
Other conditions.
December YY, 21115
Purchasing Agent_ Wesloy Selliors
Phone 3q: 801-538-3709
EnTail7 wsollers utalt,gov
Cale Rental & Sales, LLty.
2055 South Pioneer Road
Salt Lake City, UT 84104
vwww.eafea uinment.coto
Myke Thurman
(Bol) 973-2g00
mihurmanieRteenuipment.com
Same
]lent -Lind
T}
Sep: attached pricing
Net 30
12/ 11 /2015 I V 10/2020
None
{
.5 Years
FOB Domination
Node
N}A
This is a new contract,
olicitaiion WS16006
Administrative Fee: The administrative fk-:c for this contract is (0.25%) and is already included in the contract price,
This contract covers only those pmc:uremcat items lisled. When plating orders, make sure to identify your
organization as u govemmcnt entity And provide the contraol number. It is the rc3ponsibilsty of the ordering agctiey In
ensure that the vendor is given the correct delivery and billing address. Agencies should return to the vendor any
invutec which runCE1s incorrect pricing. Other items ordered that are net tided on the eoniract mast be invoiced
separately.
Stair agenda, are iu puce orders diree ly with the vesidar creating PRC to Find.
This coniraeL information sheet is subject to change, State Purchasing doesn't retommond aim you print n copy due Io
the potential In change, Always view contract inrormalion online nt www.uxnrchasir g.ulah.Rov
Agenda �cl: the Purchasing Agent listed nbor ep143, 0463, a questions or concerns.
STATE OF UT it "BEST VALUE" COOPERATIVE CONTRACT
CONTRA.CT NUMBER: PD 30
December 11, 201'5
General Conditions:
✓ The equipment furnished under this speetheration shall be the latest improved t todlel. in current
production, as offered in commercial trade, and shall be orquality workmanship and matetial.'The
supplier represents that all equipment offered under this specification >b new at time of delivery.
DISCONTIM.M1), DEMONSTRATOR OR DEVELOPMENTAL MOCIELS ARE NOT
AccEPTABLE.
▪ upon delivery, unit shall be completely assembled and adjusted. All equipment, including standard
and supplemem equipment, shall be instilled. and the unlit shall be serviced and ready for
continuous operations_
* rlie unit provided shall meet or r:xeeed all the Federal and State: of Utah safetyr health, lighting and
noise replutions anti standards in effect, and which Fur, applicable to cqulpmernt furnished at the
slate of acceptance,
+ All rnanufaictures are encouraged to comply, voluntarily, with the Soriely of Automotive Engineers
(ME) recommended practices
• Required measurements standard wilt be given its English -mils or the indastry's standard unit
+ The equipment shall be warranted against all defect, in material! and wurlornansinp for a per kid t�f
not less than 12months, If matnufacturer's standard warranty period exceeds. 11 rnonths, then the
standard virat ranty period shall be in effe[a. Watraniy period shall start (trier auxiliary equipment has
been installed and/or put into service, The warranty sltall include frothing Icss than parts, labor
reimbursement and repetitive problerns, reasonable towing, and road travel cost reiiflbusernent_ If
manufacture's standard warranty includes any additional coverage noG rncruioned under these
requirements, the standard warranty along with requirements shall be in effect.
■ All parts not specifically mentioned, but are necessary for the unit to be complete for operation or
urn•=, normally furnished as standard equipment., shall be Punished by the supplier_ All parts shall
conform in strength, quality, and workmanship lb accepted standards orthe industry..
Detai)ed ,specifications Minimum Requirements:
. ENGINE;
1.1 The diesel engine shall be Tier d final induslna I water-cooled four cylinders with any inlerinitte nt rFitil}�
of no more than 49 SAE, brake horsepower, at 2600 gym,
1.2. The engine shall have a glow -plug prch(.at system and at lock
1,3 The engine shall have u 1 -volt electrical system and the battery shall have a minintum.mting of 1,01D0
fold cranking amps,
.1_4 A dedieai.ed heavy day, tiro stage, dry type air cleaner, with replaceable dement and an automatic rater
niaintenance indicator, shallbc used to filter intake air.
1.5 The flicl system shall Include u no -rust polyethylene fuel tank .with a minimum capacity of 27 gatlons„ a
rueliwatcr separator, a fuel tank strainer and a replaceable foul filler. To include. fuel level indicator.
1.6 lilte engine oil drain shall have an access cover.
1,7 Tlic engine shall use °3 CI Hiegel oxidation catalyst exhaust after treatment.
3, cOmpRESSOR AIR —END:
? 1 The compressor air -end shall he an oil flooded rotary screw type with aNynunctrical. rotor profiles
ifirnmrwt.ii g tapered roller thrust bearings
Agenda and shun be driven through a flexible kiNgjt vilatr; engine and compressor vibrations.. The
STATE OF UTA►II "BEST VALUE" COOPERATIVE CONTRACT
CONTRACT NUMBER: PD23(16
December 11, (11
engjrie flywheel shall direct drive the coupling,
.3 An inlet ue loader valve shall be used to I:Toy- step less er:gine.speed control to meet demand.
2,4 A dedicatci,i heavy duty, two stage, dry type air cleaner,withreplaceable element arid. automatic Mier
maiiltenanee indicatory shall he. used to Eller make air.
3. COOLING SYSTEM:
3.1 The angina and air -end heat excivanam titall he finned rube type cooletS arranged 51 an side -by -side
o niirnation for easy cleaning. okeccs panel shall i t% the rent enclosure fa./t cleaning aecessy`bility-
3,2 The cooling air fan shall be engine mounted, drawing cog! air through the compressor unit before
entering the heat exchangers to maiiriain internal package
tcrriperranres of no more than 21) degrees l* above that orthe ambient.
3.3 The radiator OH shall be easily accessible for noutrr a maintenattc and protected by cover.
4. COMPRESSOR OIL SYSTEM:
4,1. The compressor oil system shall inc€trperate a vertical separator irtok, a temperature rature bypass valve, an oil
cooler, and 25-mieron spin -on oil filter. The separator tank shall mcct ASME Section Via code
requirement.
. The separator tank shall have et miratitum volume of gallonD. and include an oil level sight gauge and
over fill protection,
. , Seeond-stage air/tail separation ghaIl utilize a reraota, no spill. spin -on oil coalescing sepuatar element.
5, TRAILER:
5.1 "I ho trailer oau be a1 hvo. hizel design using heavy-duty independent rubber torsion 8iigPansionninning.
gear with 15" tires, high ground clearance, Lube axle bearing fittings, and a tack width ern() less than
5.2 The trailer shall be of +elded steel construed On aria iucludV a replaceable, bolt -on drawbar With thwe
position pintle hitch, safety chains with hooks, screw jack with easter wheel, tcgilient polyethylene bolt -on
renders and real' humpett
53 Shall include E-Z lube axle -bearing fittings., rear reflectors, towing lighisp side marker lights., .and
lighted license plate bracket.
5,4 Shall include setup, turn and tail lisha and all required reflectors and dearanco lights.
SA The engine and air -end steal I no rubber mounted directly to the trailer in minimize vibration.
5,6 An external, single point, liflirighail eapnbLc or tilling the complete writ shalt be included.
5.7 Shall include a " minimum drawbar and a hem duty Frame with a 5,200 ib. Axlc,
5.8 shad 'hel & art asthmatic :spring 144ded rettautabla mounted- hose wee' with 50 feet of -IA" hash
(man al to dm straw bar.
5:9 hall include spare. tire_ (if possible mouthed itvdsaw bar if space: ig available),
G. ENCLOSURE:
6.1 A 14-gauge: sliest mctal housing with a durable rx�mposite material end panels shall fully eritdttsd t1ru
compressor unit providing protection as well as noise attenuation.
6.2 Enelnsurc shall be protecied by durables textured paint.
t,3 A dedicated tool storage area with a mini aura depth of 17" minimum width or 10" and Icnath of 63„
shall ho incorporated within the enclOstsre.
6.4 Access for roniint maintenance and tool storage shall be provided through large side, doors,
6.5 These doors Nhol1 be 1onIcal1It.anti equipped with no-rustahnninurn hind anti pneumaiie glitinEs.
Agenda
Page 40 of 191
STATE OE UT H " BEST VALUE" COOPERATIVE CONTRACT
CONTRACT NUMBER; PD2306
December 11, 2415
T. INSTRUMENTS ENT &CONTROLS:
7,1 The instxuincrcts and controls shall be clearly labeled mad located cur the horns of the unit, accessible
without opening the main side doors, and protected with a ,�apaintc unobstructed lockable door.
7.2 The engine shirting shall be achieved using apish button thin includes engine oil pressure bypass and
anluaded w rim-uplstarl run.
Shall include a electronic rhicro-proecgsnr control interface $ystem and provide digital data on
operation, control, warning, and &kilt signal diagnosis of the
compressor and engine, The cyst -errs shall be in a A]EMA h enclosure.
7A The instrument panel shall include the: following LED lighted function displays.. hour meter, discharge
air pressure gauge, and in an LCD digital display shows the discharge air temp, rngina oil pressure, engine
coolant temp, low fuel and shutdown, and all srtitty shutdowns.
7,5 shall irichide diagnostic fault codes Wiai text explanation and indicate alternator chug: trial rtinctioil
warning.
7,6.Multtple fault codes with text support shall beavailnkle Rir trouble shooting.
8. SAFETY FEATURES:
8.1 The. compressor shalt have fan guanis that taint OSHA recommendations,
g.2 Shall include automatic and manual blow down valves.
8,3 Shall include A NIE approved pressure relief valve on the rail separator tank
8.4 A starter protection system RP previrit cranking of the engine starter when the, ullormalor is tu ning-
8,5 A safety shutdown device in arse of high compressor discharge air temperature.
8.6 Shall include low engine oil pressure, high engine coolani temperature and low fuel level,
Parts and Service Minimum Requiruments:
L l , The Bidder and/or with the manufacturer, of the equipment furnished shall have an authorized dealer
ithiuG the state of Utah.
1.2, The authorized dealer shall have factory -trained personnel available for authorizing of warranty repairs
13. The dealer shall also maintain an inven at of high -usage pore; and a quick source for low -usage parts-
onsid Lion Will not be given try bidders unable to satis#y.to tic Stale as to the adequacy o their parts
ncivark for the avatlabilily of replacerneni parts.
'sluing, Documentation, and Accepiat ce
1. TRAINING
1,1 INSTRUCTION ON SAFETY, OPERATION h1ND lviAINTENANCE-.. The vendor provide the
services of competent, factory -trained, ttl-chniciart thoroughly trained ar) the use and operation rsi"ibe unit
ulTered to STATE.
I .? Vender shall provide instruction on safety, operation, and preventive maintenance of the unit, a#cr the
unit has been delivered and is r+NrdY for Operation tail
prior to pa irient_ .n instruction shall include a full demonstration ofall sloe urut(s) functiorm.on the Klrlil(�?
delivered. Instruction shall identify potentially hazardous situations wlicn working.
2. DOCUMENTATION
? L Delivery must include Supplier's Invoice, a Copy 4[-Warranty(s) and an Operator`s Maternal kir "ita
?.? Operators Tvlarrusl shall include vtart up procedure, checklist For dais collection, shut churn procedure,
check list for winter storage and cheek list for return to service,
ry rnuwsi also includee (me t:On-TIM sit or_p its lists and (shop) repair manuals f9r oath piece or
Page 41 of 191
Agenda
STATE OF TUT "BEST VALUE" COOPERATIVE CONTRAC1
CONTRACT NUMBER: PD2306
December -112 2MS
equipment and date 0) sets 01 2hop 1-manuals at no additional charge for each plow purchase. CDrs
irre aeceptahlc for shop [Tait manuals. Manunia shall inoludc blueprints on €ill w -hv, and hydraulic
schematics.
J. ACCEPTANICE
3,1 Ail equipment ordered with this req ut~sf will be: Whiled trr a ceptanee. in spection .and performance
testing upon receipt,
12 Acceptance inspeatidti and performance testing.will not take morn khan five u+orking deys, weather
permitting-
3.3 The vendor will be notified within ibis: time him of tiny unit+hi does rotcornplywith the purchase
order.spec'. i ficatious.
3.4 if any unit is canceled for non -acceptance) the heeded equipment may be purchased elsewhere and die
vendor may tin charged full increase, if any, in cast and
handling.
Optiotutl Equipment
EiddraL may provide the option her READ MOUNT HOSE REELS. it is recommended that bidden,
provide is price fur optional equipment on the attached cost sheet, however optional equiprnant will not tie -
scored and bids that do not eontain0ptional equiPalen l: �Vz`fl°atilt be accepted irthey meet thin other
veciflentions id.this section.
Sidders are.eautionad that uu im. delivered to dm Fon points, which do not meet specifications in
every aspect will be rejected
The cernlimation of the charactcristics oipruducts cited shall he the minimum standard of quality for Lida
bid. Vatiidian in oomtroctitan detaailg may be allowed through IN question and answer period of the bid, it'
!hew variations result in the same or grnaier haste strength and dittability that cart be accomplished using
herein specifications, Products which meet the minimum standard nod which are in other ways substantially
cquivalcnt to those designated will he censured for awaurd
CbSt
1. Prier guttranke:
i.
1:1 All pricing must he guarantee-4 For term rrf rite contract irlehlding the purchagc prig.
option prices and parts. discount.
1.2 List 13id Item Make DOOSAN
Model; P1135WDOTzlic
Purchase Price:
2,1 Towable Air CoropiQssor as dcnnhed in the specifications: S24341 00
2,2The pert panning; diseouni off of published price far parts, conutrnabirs, and wear item!'
usociai d with the Trr,.+ablc.Air Compressor being offered: 07.
Agenda
Page 42 of 191
Agenda
185 — 250 dm Portable Air Compressors
Portable Power
Page 43 of 191
185 — 250 cfm 1 Portable Air Compressors
Versatility + durability + performance = outstanding profitability
Our Platinum class of premium compressors provides you with a variety of configurations, and an array of Op00n5 to suit your needs.
The Platinum class compressors are designed to be the top echelon of their class, bringing you bath increased productivity and
profits so your return on investment lasts a lifetime. The P1$5 offers the industry's largest tool storage system, while the P250-IP185
offers industry leading versatility and dual pressure and flew in a compact legendary design. These powerful units Offer the nagged
performance and easy serviceability you expect from Masan Portable Power's heritage while also providing the ease of mind and
comfort knowing your hard earner] money is protected in a safe Investment.
Single Pressure
�a
ram
4111171)
P185 features
f The industrieslorgest
deepest, full-length toolbox
providing over 8,700 cubic
Inches of quick convenient
Gaol and accessary storage
• Extended runtime thanks
tothe ,4p hp rated engine
t powe r you through
your most demanding
applications so when you
.ire putting in overtime your
compressor is right there
with you
■ The most options offered in
the Industry to customize
your compressor tr. your
specific needs so you don't
have to seitle for less
Common features
■ 5pin•un nil separation system for the eas iesk
maintenance In the industry
• Equipped with customer Focused threinch high
visibility LED backlit gauges, a digital screen and
rugged durable push buttons For engine start and
o ther controls, out control panel allows the Wser to
see selected engine and airend temperatures and
pressure as well as features such as engine !pad and
ail tru dye codes.
• DOC (Diesel °Walton Catalyst) engine after
trzalment to provide you with a mairrlenance-Free
solution Fortier it final emissions
• Folding A -frame drawha r with heavy-dury safety
chains and hooks For easy vehicle attachment and
stability while timing
+ Heavy-duty, independent rubber torsion suspension
✓ unning gear wth high ground clearance and
15" wheels for less shuck transferred to internal
components
• Rear access panel for cleaning heat exchangers
• Corrosion-resistantgalvanncal steel eliCIosure
standard
• starter protection prevents the starter from being
engaged while running
■ Eleclriclet pump makes priming assimple asthe
push of a button
• Standard Fuel /wain separator
Page 44 of 191
Dual Pressure
o.
:imam
P25I1—HP185 features
• Two machines In one - two
pressure and flow ratings
packaged efficiently in a
legendary design.
- versatility to use one
compressor for more
opportunities For your
demanding applications,
resulting in a quicker
return on your hard earned
investment
• Super Quiet anrrrdustry
leading unit now cooled
with fotoelectdc Fans
providing a super quiet uni r
measuring at 69 ErBa In the
low pressure setting, and
73 dBa in the high pressure
setting
/85 — 250 dm j Portable Air Compressors -
Legendary performance meets new fuel, all in the same value focused package
The C1a5 portable compressors feature the industry's most reliable airend, now driven by your preference of Fuel type, gasoline ar
diesel. The pooszn C185 compressor line up can get you off the ground and running with a loweracquisitfon cost solution so you
tan start renting or utilizing the Cam pressor without emptying your bank account. Combining advancer] engineering with our most
cast -effective features, the C185 class offers an innovative compressor that provides the ultimate in serviceability, durability and
convenience —all at a value you can afford_
Diesel
71111
40e*Irail
Cia5WDI features
■ The diesel -pommel r 185
is a law cost package that
provides you with gnat
serviceability, power and
pe rfiorm ante
Agenda
Common features
• Cool -box airflow allows cool air to enter through the
rear and wash over intemal components, keeping
terriperatures law and prolonging component lifer
and hot exhausts out the top of the un I t, keeping
operators out of harm's way from hnt exhaust and
minimizing dust recirculation,
■ Curbside controls and service valves keeps
apnrators away from traffic for added safety. One
handed startup, even with work gloves,.Thecontrol
panel IN accessible aitd operational with the canopy
open oreiosed.
• Remote separator eiernent -Simple, spin -non
design eliminates the creed to enter separator
Lank and prevents spillage during ail changes.
• Convenient toolbox -Urge, low point -of -entry
roolboxcan easily accommodate tools and
commonly used accessories.
Full access canopy-2-position gas springs allow
the canopy to open to one position far routine
checks. I nspectiono and service, and a full -open
posil lon For access to all components for more
'waived service and maintenance-
Single•plece canopy design -The. lockable canopy,
made of a composite material, is lightweight,
aerodynamic and veually indestructible.
Superior mobility These compressors offer go -
anywhere mobilfty with torsional numing gear,
a heavy-duty 7-gauge steel Frame, 54-inch hack
width, a fuel tank balanced over the wheels and
road -ready running gear and lights.
Page 45 of 191
Gasoline
as5wicufs6 features
+ Doosan understands that
not everybody can make
chat financial leap to tier
rr final right away so we
what to provide you with
cost efficient selections thai
sill pack the power and
reliabillry you are used to,
The G11t5 gasoline fueled
compressor can provide
price conscience buyers a
lower acquisition cost vs
diesel and still provide the
same legerulary power and
performance you rely on.
▪ The C1s5G Is powered by a
Kubtaa q cylinder gaso line
engine that is the same
ru ed reliable diesel block
engine and now efficiently
engineered to run off of gal.
1.85 — 250 cirri I Portable Air Compressors
Doosan
Portable
Power air
compressors
have the most
options
available in the
market
FACTORY INSTALLED
Common options
between alit185 class
units
• Engine NW: h:akei
• Electric brakes
• 7" or 1-5416" bill Meth
• 1,000 CCA tl bery
• Fuel level display
e Less running gear
e Rear bor pF..l
P185/250-185 options
.* LitawuNwm0unted ht�sl+
reel with 100' €apaLit V
for 344" 0 mm) ID
hose, single or doubre
reel with
• 09-IAvOiel(S)
✓ Fuel tank strainer
✓ Inllrle 011.er for us= WR.R
hose feel in ?-quart 3i2t
• minimum ptessurP
vaive
• Neill mop leg (reouiles
optional rear i1LJmper)
k s5" drawbar
• Aim bertooPlrghL,
ietiflt iPs, Or strobe
C185 options
* Drawbarmauated
toolbox
• Dual hose ieels
r mood, eel Un!ef - (MI I.m 3 f mi nl
Riled i}pefnting Prw55dl+r - n5ig (bail
PmiSi ue Range - (bail
ar )15flrarge Outlet Size - in 4n1 n�
dir Di5rltaige Cute! QuuRi 11 y
Fu21 Tank Cnpa<its] - ga11:1l
i83 (5.21
y ario.+►).
I25 [5,5-Aa01
D.7,tO
2
20 09)
I89 �4.2.1
.1 C(1 (G 9)
C4-12515.5-e.61
Ql5 i591
3
7, Li021
Fcn(7.0 iB_(w.11
irk Cb, +s 15o 111a.5)
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erni5sion:Tier Lr1X1
Humber or L:YGnders
Displace -nun'- cd in 1L I
Raved SUrca - 10.0
Idle 5pe ed -rpm
Brio 0] &Vied Speen 1klwry
EleutItal •.01Fs
Haw!. 01a4+atlau rya Fun tend
LenaLl,
Width - in LmmF
1{Pi�hl - trim
7+atp Width -in 11m1n7
The Site- Ln
5hi ppiag wfeigul - win fuel - Ih t11y
workingwelghl -w idet - rU (ky1
Metz 02,9
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12
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7E6Milli
Si #11303i
(1319)
1JUGiiF0
183? 193V
ea tf7351
+,9.1 1'12521
+$ 06734
J128 (Psi)
?IL 151 (1
7,8
1510,4an int+ame Mirka bre ruwt It rornpl essor5 arc n9i d[}1g112d. In 1 e n deo 41 app rrnuir rdr 11r4,u 11:ng air. CnmpressK1 ail skroulri noL tic used In r
h-B.41111galiappl+e,+1Icon undaoany rPrtUnslanrti
Warragy
S tandard Warr iniy:
1-yea02,000-1-itlLlf burripei 10 bornp,21
Engine: 2-year/L,000-hour
Alrend: 2-Year/4.0100-N30r
ExtendedWarranty: 5-year/110,1:000.119or oft 1,he pbwerl min which includes the
e ngine, coupling, and aiiend with the use of Doos.an fillers and fluids prescribed
interw+als €Ind maintain service record.s,aod proof of purGhdse,
Customer Commitment
t-5U8500 Portable mower Is commitled iL} mak rIS Chirabin, F1+ gPLil
and versatU Of4du{t& Chat are rigorously tested to ensure: they
fit your needs ForMPT1D511. ellnrappllcatiorF arid erivironm&E.
Here 21t 1/m5.ln Poi -fable Power, We also want you Ca knNo are
colnmit1E.d to exEepiional ciWame+ Fe Rich. Vite design our pr❑du€t$
iQ b2 easy to use acid maintain, and w R are•equally. as easy to dO
business with. We are with yob every step or the way, From beFilg
I I first ones to bring you tier 4 final produars, to r4)1151nri l'y
updaling au1 product line with tii❑ughl FLIT ,and Co ,C irft+aciive.
1linnwatloli5 Ilk want %Ibepart OfOWerineyour sutce5r.
Doosan Portable Power
1293 Glenway Drive
Statesville, NC 28625
Deo sa n Po rtable Power.co m
pry 14d4rtmilrkt crW0Firy ioiyairaifin.
Agenda
,•nlePortable Power +1J: 0 16.i11111 Page 46 of 191
Agenda
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
November 8, 2°16
#: 7-2
item
Title: Sidewalk Trip Hazard Repair Program: Single Source Provider Request
ri
Fiscal Impact: $24,925 — to be taken from the Concrete Special Projects (Class
C) FY17 budget line item
Staff Presenter(s): Jeff Galley
L.
Department: Public Works
Applicant: N/A
Background/Summary: Over the past 7 years the City has contracted with
Precision Concrete Cutting to address trip hazards in City sidewalks and trails.
They use a proprietary process for cutting concrete rather than grinding it in order
to level out the concrete where trip hazards exist. This process has been very
successful in the past few years at reducing the City's trip hazard liability. Their
proprietary system cuts the concrete in such a way that the process meets ADA
specifications and reduces trip hazards. Because Precision is the only company
authorized to use these patented equipment and techniques, we request that
they be approved as a single source contract.
1
Options: Approve or deny the request for a single source contract.
Staff Recommendation: Approve
Recommended Motion: I move to approve the purchase order for trip hazard
mitigation by Precision Concrete Cutting in the amount of $24,925.00.
Attachment(s):
1. Sidewalk Trip Hazard Repair Program Proposal
2. Sidewalk Trip Hazard Repaor Project Summary
Agenda
Page 47 of 191
PRECISION
CD CRETEICUETIIVG
Trip Hazard Removal Specialists
Contact: Jared Taylor
Mobile: 801.369.6635
Fax: 801.855.7150
SIDEWALK TRIP HAZARD REPAIR
PROJECT SUMMARY: City of Moab
Presented to: Jeff Galley
September 2016
The Information In thls summary Is confidential, and Is to be used only by the
Intended recipient and Precision Concrete Cutting In evaluating the project. Any
copying or unauthorized disclosure of this Information Is prohibited.
Page 48 of 191
y A �� PRECISION
CO CRETEICUTiTING
Trip Hazard Removal Specialists
COMMITMENT SUMMARY
COST SAVINGS
DETAILED REPORTING
We'll repair your sidewalks for 70-90% less than sidewalk We track our jobs with honesty and integrity. Invoices show
replacement, which means you can do more for your measurements, locations and cost for each hazard.
community for less.
A.D.A. COMPLIANCE
Patented technology that brings sidewalks into ADA
compliance
CLEAN
Our patented containment system captures dust and debris to
bring you the cleanest process available.
SAFE
Decrease liability on your pedestrian walkways
LOW IMPACT
Efficient systems with an average removal time of 20 minutes,
no sidewalk closures.
FULL SERVICE CONTRACTOR
Complete GIS integration, mapping, etc,
ENVIRONMENTAL IMPACT EXAMPLE: As a member of the U.S. Green Building Council (USGBC) we are proud of the fact that we reduce
the impact to landfills and the environment as a result of our service.
Removing and replacing 100 panels would result in approximately 118,500 pounds or 59 tons of concrete being removed (average panel
weight of 1185 pounds).
Using Precision Concrete Cutting for 100 trip hazards results in 0.3 tons of concrete removed and recycled, approximately 141 gallons of
gasoline saved, and a reduction of 1.3 metric tons of Cot.
Page 49 of 191
PRECISION
CO CRMICUIT/NG
Trip Hazard Removal Specialists
,AREA COMPLETED
City of Moab
Area highlighted in Yellow was
completed in 2015
eeN
Law
The Information In this summary Is confidential, and Is to be used only by the
Intended recipient and Precision Concrete Cutting In evaluating the project.
Any copying or unauthorized disclosure of this Information Is prohibited.
Page 50 of 191
Trip Hazard Removal Specialists
PROGRAM AREA COMPLETED
Moab Trip Hazard Program
2010: Area Completed
2011: Area Completed
2012: Area Completed
2013: Area Completed
2014: Area Completed
City of Moab
This map illustrates the areas
completed since the beginning of
the trip hazard removal program
from 2010 to 2015
The Information In this summary Is confidential, and Is to be used only by the
Intended recipient and Precision Concrete Cutting In evaluating the project,
Any copying or unauthorized disclosure of this Information Is prohibited,
Page 51 of 191
41111111111
Trip nacara rsernuvapelL,Icl IS S
TRIP HAZARD LOCATIONS
The most recent project included removing trip hazards at locations designated by Jeff
Foster in the City of Moab. The following streets were included in the project:
East 100 North
North 100 East
Center Street
East 100 South
West 100 South
East 100 South
South 300 East
North 100 West
East 400 South
East 300 South
The Information In this summary Is confidential, and Is to be used only by the
Intended recipient and Precision Concrete Cutting In evaluating the project,
Any copying or unauthorized disclosure of this Information Is prohibited.
Page 52 of 191
"
P R E C I S I O N
C O C R E T E I C U T T I I V G
T r i p H a z a r d R e m o v a l S p e c i a l i s t s
C O S T S A V I N G S
B a s e d o n a n a v e r a g e p a n e l s i z e a n d a n e s t i m a t e d r e p l a c e m e n t c o s t , w e e s t i m a t e t h e c o s t t o r e m o v e a n d r e p l a c e
t r i p h a z a r d s ( a p p r o x . . s q u a r e f e e t ) w o u l d h a v e b e e n $ 1 1 8 , 9 4 4 . 0 0 ,
T o t a l c o s t u s i n g P r e c i s i o n C o n c r e t e C u t t i n g i s $ 2 4 , 9 9 2 . 6 3 , a n e s t i m a t e d s a v i n g s o f $ 9 3 , 9 5 1 . 3 7
C O S T S A V I N G S
T o t a l T r i p H a z a r d R e p a i r s
C o s t U s i n g D & R $ 1 1 8 , 9 4 4 . 0 0
C o s t S a v i n g s w i t h P C C - S 9 3 , 9 5 1 . 3 7
C o s t U s i n g P C C $ 2 4 , 9 9 2 . 6 3
S A V I N G S " P C C C o s t
P a g e 5 3 o f 1 9 1
44111111Sie•
Trip Hazard Removal Specialists
THE PRECISION CONCRETE CUTTING DIFFERENCE
Our patented technology and innovative sidewalk repairs process leaves you with a beautiful, smooth surface
that is ADA compliant - a result you can't get with grinding. Plus, our method saves you money!
Same trip hazard as the
above picture showing the
differences to grinding.
•
. •hart slope.
Sidewalks require continuous inspection, we recommend inspecting / auditing all completed work as well as surveying
your sidewalks on a regular basis as part of a comprehensive sidewalk maintenance program.
imiMJ
The Information In this summary Is confidential, and Is to be used only by the
Intended recipient and Precision Concrete Cutting In evaluating the project,
Any copying or unauthorized disclosure of this Information Is prohibited,
Page 54 of 191
"
R R E C I S I O N
C o C R E T E I ' C D T I N G
T r i p H a z a r d R e m o v a l S p e c i a l i s t s
P R E C I S I O N C O N C R E T E C U T T I N G R E P A I R S
T h e I n f o r m a t i o n I n t h i s s u m m a r y I s c o n f i d e n t i a l , a n d I s t o b e u s e d o n l y b y t h e
I n t e n d e d r e c i p i e n t a n d P r e c i s i o n C o n c r e t e C u t t i n g I n e v a l u a t i n g t h e p r o j e c t ,
A n y c o p y i n g o r u n a u t h o r i z e d d i s c l o s u r e o f t h i s I n f o r m a t i o n I s p r o h i b i t e d ,
P a g e 5 5 o f 1
"
P R E C I S I O N
C O C R E T E M I E T I N G
T r i p H a z a r d R e m o v a l S p e c i a l i s t s
P R E C I S I O N C O N C R E T E C U T T I N G R E P A I R S
T h e I n f o r m a t i o n I n t h i s s u m m a r y I s c o n f l d e n t i a l , a n d I s t o b e u s e d o n l y b y t h e
I n t e n d e d r e c i p i e n t a n d P r e c i s i o n C o n c r e t e C u t t i n g I n e v a l u a t i n g t h e p r o j e c t ,
A n y c o p y i n g o r u n a u t h o r i z e d d i s c l o s u r e o f t h i s I n f o r m a t i o n I s p r o h i b i t e d ,
P a g e 5 6 o f 1 9 1
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Trip Hazard Removal Spe lallsis
Page 57 of 191
Moab Trip Hazard Program
2010: Area Completed
2011: Area Completed
2012: Area Completed
2013: Area Completed
2014: Area Completed
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PRECISION
�.
CO CIIETEICUTi �
Trip Hazard Removal Specialists
Contact: Jared Taylor
Mobile: 801.369.6635
Fax: 801.855.7150
E
SIDEWALK TRIP HAZARD REPAIR
PROGRAM PROPOSAL:
Moab City
FY 2016/2017
•
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The information In this summary Is confidential, and Is to be used only by the
Intended recipient and Precision Concrete Cutting In evaluating the project, Any
copying or unauthorized disclosure of this Information Is prohibited.
Page 58 of 191
compliance
CLEAN
Our patented containment system captures dust and debris to
bring you the cleanest process available,
SAFE
Decrease liability on your pedestrian walkways
Trip Hazard Removal Specialists
COMMITMENT SUMMARY
COST SAVINGS
DETAILED REPORTING
We'll repair your sidewalks for 70-90% less than sidewalk We track our jobs with honesty and integrity, Invoices show
replacement, which means you can do more for your measurements, locations and cost for each hazard,
community for less.
A.D.A. COMPLIANCE
LOW IMPACT
Patented technology that brings sidewalks into ADA Efficient systems with an average removal time of 20 minutes,
no sidewalk closures,
FULL SERVICE CONTRACTOR
Complete GIS integration, mapping, etc,
ENVIRONMENTAL IMPACT EXAMPLE: As a member of the U.S. Green Building Council (USGBC) we are proud of the fact that we reduce
the impact to landfills and the environment as a result of our service.
Removing and replacing 100 panels would result in approximately 118,500 pounds or 59 tons of concrete being removed (average panel
weight of 1185 pounds).
Using Precision Concrete Cutting for 100 trip hazards results in 0.3 tons of concrete removed and recycled, approximately 141 gallons of
gasoline saved, and a reduction of 1.3 metric tons of Co2.
Page 59 of 191
Trip Hazard Removal Specialists
MOAB - 2016/2017 Fiscal Year
Americans with Disabilities Act requires all trip hazards over 1 /4 inch to have edge treatment. Our maximum size of trip hazard we
prefer to remove is no higher than 2 inches. Cities typically give us specific areas to work in and have us remove all trip hazards
between 1 /4 inch and 2 inches. The city is to determine the specifications of removing the height of trip hazards. Slabs that contain
cracks beyond repair and slabs that contain Spalling will not have trip hazards removed and will be marked on the invoice for
replacement. All work performed is at the required 1:12 ratio.
These prices assume we will be cutting in a specific area and do not require mobilization from one area to another. Most cities plot
out continuous street blocks for us to work on.
Our rates include marking out the height of each trip hazard, recording the address where the trip hazard is located and mapping on a
city map where all trip hazards have been removed.
Quantity of Trip Hazards to be Repaired 340 - 400 (depending on the average inch feet)
Total Lineal Feet to be Cut 2,000-2,500 (depending on the average inch feet)
Total Inch Feet to be Cast 780
Proposed Budget $24,925.
Page 60 of 191
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Moab Tits Hazard Program VMS
Priority 2 - Kano crook from Main to Moon
Priority 3 - Moto St. from 900 N. to 300 S.
Priority 4 - 400 E. South and Including 3 cot -de -meet
Priority 5 - 400 a aanllauing Noah to too N.
Priority 6 - 11101 crook from 400 E. working East
Hoica r
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Page 61 of 191 t
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��" P R E C I S I O N
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C O C R M _ i N l :
T r i p H a z a r d R e m o v a l S p e c i a l i s t s
4 . 4
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e t E X C E E D S A G A C O M P L I A N C E
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a n d C O ? e m i s s i o n s
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A F F O R D A B I L I T Y
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7 1 1 o n r o m p a r e l w l h : h t i r ; n l
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T h e I n f o r m a t i o n I n t h i s s u m m a r y I s c o n f i d e n t i a l , a n d I s t o b e u s e d o n l y b y t h e
I n t e n d e d r e c i p i e n t a n d P r e c i s i o n C o n c r e t e C u t t i n g I n e v a l u a t i n g t h e p r o j e c t .
A n y c o p y i n g o r u n a u t h o r i z e d d i s c l o s u r e o f t h i s I n f o r m a t i o n I s p r o h i b i t e d .
P a g e 6 2 o f 1 9 1
Trip Hazard Removal Specialists
THE PRECISION CONCRETE CUTTING DIFFERENCE
Our patented technology and innovative sidewalk repairs process leaves you with a beautiful, smooth surface
that is ADA compliant - a result you can't get with grinding. Plus, our method saves you money!
Same #rip hazard 'as the ,
above picture showing ter
differences to grinding,
OUR WAY
The Information In this summary Is confidential, and Is to be used only by the
Intended recipient and Precision Concrete Cutting in evaluating tho projoct,
Any copying or unauthorized disclosure of this Information Is prohibited.
Page 63 of 191
Trip Hazard Removal Specialists
PRECISION CONCRETE CUTTING REPAIRS
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The Information In this summary Is confidential, and Is to be used only by the
Intended recipient and Precision Concrete Cutting In evaluating the project,
Any copying or unauthorized disclosure of this Information Is prohibited,
Page 64 of 191
4114kS00iii
Yr p Hazard Renewal Spadatigs
October 31, 2016
31S1 Camp Road ,sag 64104
P: R1) 724-0925 F: T1)
Jeff Galley, Streets Superintendent
City of Moab, Public Works Department
217 East Center Street
Moab, UT 84532
RE: Patent information
Dear Mr. Galley,
Due to the nature of our business and our patented equipment and methods, frequently
we have been asked to provide a letter stating that our technology relies upon patents
that have been issued by the US Patent and Trademark office.
Precision Concrete Cutting is the only company authorized to use the patented
equipment and method for removing sidewalk trip hazards as described by the following
patent numbers:
U.S. Pat. No. 6,827,074
U.S. Pat. No. 6,896,604
U.S. Pat. No. 7,000,606
U.S. Pat. No. 7,143,760
U.S. Pat. No. 7,201,644
U.S. Pat. No. 7,402,095
If you have any questions or comments please feel free to give me a call.
Kind Regards,
gait afitZ
Aaron 011ivier, CEO
Precision Concrete Cutting
3191 N. Canyon Rd
Provo, Utah 84604
(801) 373-3990
Agenda
•
Page 65 of 191
PRECISION
CONCRETE CUTTING
3191 N. Canyon Road Provo, UT 84604
Phone: (801) 224-0025 FAX: (801) 224-0062
www.safesidewalks.com
Explanation of Patents
Hub and blade, how it attaches
to a generally circular blade
having a rhetal matrix cage with
diamond grit embedded, nut en
Blade/ Hut; 101155663 6,827,074 the bacl�
Dust hood in combination with
Bust Hood 10/83.3690 6,896,604 the blade f hut;
Covers t,vo variations of the
cutting :apparatus remotes the
phPvision for water coolingno
flattened parallel sides on the
Variation of Hub 10/975677 7,000,606 attachment collar are required
method of entering a chamfer
planar rut and fracturing as it
Method 11f358755 7,143,760 becomes proximate the hub
opvers three variations: no nuts
are required to secure blade/
Variation of Hub 11/358548 7,201,644 hub
extends method to not require it
in combination with the hub /
blade, not as specific, more
Extends Method 11/613638 7,402,095 general than 7,143,760
Agenda
Page 66 of 191
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
November 8, 2016
/
Agenda Item
#: 7-4
r
Title: Approval of Task Order #16-06 with Bowen Collins & Associates, Inc.
accepting the Scope of Work for the Wastewater Treatment Plant Additional
Engineering Assistance project with a fee amount not to exceed $66,956
Fiscal Impact: $66,956
Staff Presenter(s): Phillip M. Bowman, P.E., City Engineer
Department: Engineering
Consultant: Bowen Collins & Associates, Inc. (BCA)
Background/Summary: This task order will allow Bowen Collins & Associates
(BCA) to provide assistance to City staff to complete additional items of work
related to the site preparation, final design, and permitting of the new Wastewater
Treatment Plant (WWTP).
The final design plans and specifications for the new WWTP are nearly complete,
and have been submitted to the Utah Department of Environmental Quality (DEQ)
for review. As the final design progressed, and number of additional items were
requested by both City staff and DEQ staff to resolve issues and questions that
came up during the design process. In addition, City staff requested that a
separate plan package be created for the Site Preparation Project to allow
clearing, grubbing, and fill placement on the new site to take place in 2016. There
are seven (7) work tasks identified in the scope of work for this task order, and
each item is required to be completed for the final design and construction of the
project.
This Task Order is budgeted for in Fiscal Year 2017 as part of the "WWTP
Upgrade" in the Capital Budget of the Water & Sewer Fund.
Options: The Council may approve, approve with conditions, deny, or postpone
the item.
Staff Recommendation: Staff recommends approval of the Task Order.
1
Ni
Agenda
Page 67 of 191
Recommended Motion: "I move to approve Task Order #16-06 with Bowen
Collins & Associates, Inc., accepting the Scope of Work for the Wastewater
Treatment Plant Additional Engineering Assistance project with a fee
amount not to exceed $66,956."
Attachments:
Task Order 16-06, with Exhibit A (Scope of Work) and Exhibit B (Fee Estimate)
Agenda
Page 68 of 191
Bowen Collins
& Associates, Inc.
CONSULTING ENGINEERS
TASK ORDER NO. 16-06
TO
MASTER AGREEMENT FOR PROFESSIONAL SERVICES
OWNER: City of Moab Utah
Effective Date of Master Agreement: April 22, 2014
THIS TASK ORDER NO. 16-06 TO THE MASTER AGREEMENT FOR PROFESSIONAL SERVICES (this
"TASK ORDER") is made and entered into as of the day of _ 2016, by and between City of Moab,
Utah (herein called OWNER) and Bowen, Collins and Associates, Inc., a Utah Corporation (herein called
ENGINEER) who agree as follows:
1. PROJECT. The PROJECT associated with this TASK ORDER is described as follows: WWTP Additional
Enaineerina Assistance. The PROJECT SITE is the City of Moab, Utah.
2. SCOPE OF SERVICES. The SCOPE OF SERVICES and deliverables associated with this TASK ORDER
is attached hereto as Exhibit A.
3. FEES. OWNER shall reimburse for services provided under this TASK ORDER on a time and expense
basis not to exceed $66,956.00. Payment shall be in accordance with the FEE SCHEDULE attached hereto
as Exhibit B and in accordance with the PROFESSIONAL SERVICES AGREEMENT.
4. SCHEDULE. The SERVICES associated with this TASK ORDER are anticipated to be completed within
three months after authorization to proceed.
5. ATTACHMENTS AND EXHIBITS. Both parties have read and understood all attachments and exhibits
referenced in or attached to this TASK ORDER and agree that such items are hereby incorporated into and
made a part of the MASTER AGREEMENT FOR PROFESSIONAL SERVICES.
IN WITNESS WHEREOF, OWNER and ENGINEER have executed this TASK ORDER as of the date first above
written.
CITY OF MOAB, UTAH (OWNER) BOWEN, COLLINS & ASSOCIATES (ENGINEER)
By: By:
Printed Name: Printed Name:4Y� C.y/
�J J
Its: its:
Agenda
Page 69 of 191
Bowen Collins
& Associates, Inc.
Ai0'1 CONSULTING ENGINEERS
TASK ORDER 16-06
ATTACHMENT A
SCOPE OF SERVICES FOR
WWTP ADDITIONAL ENGINEERING ASSISTANCE TO THE CITY OF MOAB
BACKGROUND AND INTRODUCTION
This Task Order includes engineering services provided to the City of Moab that do not fall under
an existing Task Order. The follow summarize each of these tasks
TASK DESCRIPTIONS
Task 1— Annexation Survey Plat Map
BC&A was requested by the City to contract a local surveying firm to provide an annexation plat
map and legal description for the property to be annexed into the City as part of the new Water
Reclamation Facility (WRF) Project. BC&A coordinated and contracted with Red Dessert Survey
to provide the annexation plat map as requested.
Deliverables: Survey Plat Map and Legal Description.
The fee estimate for this task is $1,802.00.
Task 2 — Flood Plain Review and Assistance
BC&A was requested by the City to provide assistance in reviewing a Flood Plain "No Rise"
Certification. The assistance included reviewing the current application and assisting the City with
a response.
The fee estimate for this task is $608.00.
Task 3 — Request for Proposals and Selection Assistance for Materials Testing Agency
BC&A was requested by the City to assist in the solicitation of proposals and selection of a
materials testing firm for the Site Preparation Project. BC&A's assistance included preparation of
Request For Proposal documents including advertisement, summary of necessary qualifications,
submittal process, and evaluation procedures. BC&A worked with the City to ensure that
procurement policies were met. BC&A also evaluated the submitted proposals and provided a
written recommendation for award of the project. BC&A has also assisted in the initial discussions
with the City and the selected testing agency regarding proposed material changes for the Site
Preparation Project.
The fee estimate for this task is $8,848.00.
Agenda
Page 70 of 191
Task 4 - Site Preparation Project Bid Period Services and Construction Assistance
BC&A was requested by the City to provide Bid Period Service and Construction Assistance
Services for the Site Preparation Project. BC&A's scope of work for the Final Design of the new
WRF included preparation of technical specification and drawings for the Site Preparation Project.
At that time, the intent was that City Staff would provide the bid period services and the necessary
construction administration. However, due to current workload and staffing, the City requested
that BC&A to provide the following services to assist in that effort.
• Prepare bidding documents including bid advertisements, front end legal documents,
and general conditions.
• Attend and conduct pre -bid meeting.
• Respond to RFIs during Bid period, evaluate bids, and provide recommendation for
award.
• Conduct eight (8) site visits including a pre -construction site visit and seven additional
progress site visits.
• Coordination with materials testing firm during construction period.
The fee estimate for this task is $29,092.00.
Task 5 — Preparation of Anti -Degradation Review Report
An Anti -Degradation Review (ADR) Report is required by Utah Division of Water Quality (DWQ)
as part of the permitting and approval process. An ADR is required to be submitted to DWQ when
an existing wastewater treatment plant increases its treatment capacity or requests an increase in
its discharge requirements. The ADR evaluates the potential for degradation of the receiving
waters based upon the increased flow or discharge load. BC&A was asked to prepare and submit
the ADR to DWQ in behalf of the City. BC&A will respond and address State review comments.
The fee estimate for this task is $9,692.00.
Task 6 — 2016 Facilities Master Plan Amendment
In 2014 the City of Moab contracted with BC&A to amend the City's Wastewater Facilities Master
Plan. BC&A completed the Facilities Master Plan Amendment as outlined in the scope of work.
The Facilities Master Plan Amendment was reviewed by Moab City Staff and adopted in February
2015. Printed and electronic copies of the Facilities Master Plan were provided to the State of
Utah Division of Water Quality (DWQ) in July 2015. The Moab Wastewater Treatment Plant
Preliminary Engineering Report dated November 2015 further defined the project requirements
and provided additional detail was also submitted to the DWQ. In June 2016, the DWQ requested
that Facilities Master Plan be amended to include supplemental evaluation and information.
Agenda
Page 71 of 191
This tasks includes the preparation of the response to the DWQ's request including preparation of
supporting information. A significant portion of the supplemental information was outside of the
origin scope of work and required additional effort.
The fee estimate for this task is $6,084.00.
Task 8 — Phosphorus Waiver and Chemical Addition Design
The State of Utah recently adopted regulations that require wastewater treatment plants to
discharge effluent with less than 1.0 mg/1 by the year 2010. The original intent of this project was
to incorporate biological phosphorus removal into the treatment process, while maintaining the
option of installing chemical addition equipment prior to the year 2010 if needed. The
effectiveness of biological phosphorus removal is highly dependent on the characteristics of the
influent sewer flows, and the ultimate need for chemical addition will not be able to be determined
until the new treatment process is in operation. Thus we believe that it was prudent to wait to
install the chemical addition equipment until the new facility was in operation. However, during
the review process with DWQ, they have requested that the design include the chemical addition
equipment as part of the original design. This request required modifications to several medical
and electrical drawings, as well as development of technical specifications. Additionally, DWQ
has requested that the City of Moab apply for a waiver that would eliminate the phosphorus
removal requirement. This waiver request would be based upon the minimal impact that the treated
effluent has on the Colorado River. If the waiver is granted, the chemical addition equipment
could be then removed from the construction documents.
The fee estimate for this task is $10,832.00.
Agenda
Page 72 of 191
Exhibit B - Task Order 16-06
WWTP ADDITIONAL ENGINEERING ASSISTANCE
Engineering Man -Hour and Fee Estimate
Prepared by Bowen, Collins and Associates
Personnel (Billing Rates for Calendar Year 2016)
Subtotal
Hours
Subtotal
Labor
Subcontractor
Subtotal
Expenses
Total Cost
Labor Category
Sen. Review
Proj. Mngr.
Project Eng
Project Eng
Engr VII
I&C
Landscape
CAD
Admin
Staff
Mayers
Beckman
Petkovic
Olsen
Bagley
Smith
Tsandes
Staff
Staff
Labor Rate
$135
$145
$130
$125
$165
$119
$110
$110
$64
Task
No.
Task Description
1
Annexation Plat Map
4
2
6
$ 840
$ 920
$ 962
$ 1,802
2
Flood Plain Review and Assistance
2
2
4
$ 580
$ 28
$ 608
3
Materials Testing Firm Selection and Coordination
16
40
8
64
$ 8,400
$ 448
$ 8,848
4
Site Preparation Project Bid Period and Const. Asst.
8
40
120
8
176
$ 23,360
$ 5,732
$ 29,092
5
Preparation of Ant -Degradation Review
8
40
16
4
68
$ 9,216
$ 476
$ 9,692
6
Facilities Master Plan Amendment
16
16
8
4
44
$ 5,776
$ 308
$ 6,084
7
Chemical Addition and Phosphorus Waiver
8
16
32
8
16
80
$ 10,272
$ 560
$ 10,832
Subtotal
40
132
218
2
2
8
8
24
8
442
58,444
920
8,514
$ 66,958
TOTALS
40
132
218.
2
2
8
8
24
8
442
$ 58,444
$ 8,514
$ 66,958
Notes:
1 - Subcontractor fee includes cost for Red Desert Land Surveying.
Expenses include:
Mileage reimbursement at $0.75/mile
Computer/Communications Charge at $7.00/1abor hour
10 % Markup on other project related expenses
Page 73 of 191
\
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
November 8, 2016
v
Agenda Item
#: 7-5
Title: Approval of Task Order #16-07 with Bowen Collins & Associates, Inc.
accepting the Scope of Work for the Wastewater Treatment Plant Environmental
Permitting Assistance project with a fee amount not to exceed $45,384
Fiscal Impact: $45,384
Staff Presenter(s): Phillip M. Bowman, P.E., City Engineer
Department: Engineering
Consultant: Bowen Collins & Associates, Inc. (BCA)
Background/Summary: This task order will allow Bowen Collins & Associates
(BCA) to provide assistance to City Staff to complete additional items of work
related to the environmental clearance, agency coordination, and final
environmental permitting of the new Wastewater Treatment Plant (WWTP).
The final design for the new WWTP is nearly complete, and City staff is working
very closely with BCA to advertise and bid the project as soon as possible. Prior
to the start of any construction, all environmental clearances and permitting must
be approved. This effort includes coordination with several federal agencies such
as the US Army Corps of Engineers (USACE) for wetlands permitting, US Fish
and Wildlife Service (USFWS) for threatened and endangered species clearances,
and the Utah Department of Environmental Quality (DEQ) for overall construction
permit approval. Throughout the final design of the new facility, BCA has worked
closely with all of these agencies to answer questions and provide information to
keep our project moving forward. Many of the items summarized in this scope of
work were not anticipated or known to be required as part of the "typical" final
design, so BCA has completed them outside of their original scope of work for the
final design of the WWTP. There are five (5) work tasks identified in the scope of
work for this Task Order, and each item was required to be completed for the final
design and construction of the project.
This Task Order is budgeted for in Fiscal Year 2017 as part of the "WWTP
Upgrade" in the Capital Budget of the Water & Sewer Fund.
1
Agenda
Page 74 of 191
Options: The City Council may approve, approve with conditions, deny, or
postpone the item.
Staff Recommendation: Staff recommends approval of the Task Order.
Recommended Motion: "I move to approve Task Order #16-07 with Bowen
Collins & Associates, Inc., accepting the Scope of Work for the Wastewater
Treatment Plant Environmental Permitting Assistance project with a fee
amount not to exceed $45,384."
Attachments:
Task Order 16-07, with Exhibit A (Scope of Work) and Exhibit B (Fee Estimate)
Page 75 of 191
Bowen Collins
& Associates, Inc
CONSULTING ENGINEERS
TASK ORDER NO. 16-07
TO
MASTER AGREEMENT FOR PROFESSIONAL SERVICES
OWNER: City of Moab Utah
Effective Date of Master Agreement: April 22, 2014
THIS TASK ORDER NO. 16-07 TO THE MASTER AGREEMENT FOR PROFESSIONAL SERVICES (this
"TASK ORDER") is made and entered into as of the day of 2016, by and between City of Moab,
Utah (herein called OWNER) and Bowen, Collins and Associates, Inc., a Utah Corporation (herein called
ENGINEER) who agree as follows:
1 PROJECT. The PROJECT associated with this TASK ORDER is described as follows: WWTP
Environmental PermittinE Assistance. The PROJECT SITE is the City of Moab, Utah.
2. SCOPE OF SERVICES. The SCOPE OF SERVICES and deliverables associated with this TASK ORDER
is attached hereto as Exhibit A.
3. FEES. OWNER shall reimburse for services provided under this TASK ORDER on a time and expense
basis not to exceed $45,384.00. Payment shall be in accordance with the FEE SCHEDULE attached hereto
as Exhibit B and in accordance with the PROFESSIONAL SERVICES AGREEMENT.
4. SCHEDULE. The SERVICES associated with this TASK ORDER are anticipated to be completed within
three months after authorization to proceed.
5. ATTACHMENTS AND EXHIBITS. Both parties have read and understood all attachments and exhibits
referenced in or attached to this TASK ORDER and agree that such items are hereby incorporated into and
made a part of the MASTER AGREEMENT FOR PROFESSIONAL SERVICES.
IN WITNESS WHEREOF, OWNER and ENGINEER have executed this TASK ORDER as of the date first above
written.
CITY OF MOAB, UTAH (OWNER) BOWEN, COLLINS & ASSOCIATE✓ ENGINEER)
I
By: By:
Printed Name: Printed Name: ,Q� �—
Its: Its: 1 (4 �e F'' 5
Agenda
Page 76 of 191
Bowen Collins
& Associates, Inc.
Ai0'1 CONSULTING ENGINEERS
TASK ORDER 16-07
ATTACHMENT A
SCOPE OF SERVICES FOR
ENVIRONMENTAL PERMITTING ASSISTANCE TO THE CITY OF MOAB
BACKGROUND AND INTRODUCTION
The City requested BC&A's assistance with Environmental Permitting Process and associated
DWQ coordination. An Environmental Assessment (EA) Study was completed as part of the
Preliminary Engineering Report. The EA determined that that there was no detrimental
environmental impacts associated with construction of the new treatment facility. The EA did
identify the need that a Cultural Resource Inventory to be completed for the existing treatment
facility as required by the State Historic Preservation Office. Subsequent to the EA, DWQ has
engaged the US Fish & Wildlife Service and Army Corp of Engineering in the environmental
review process. The involvement of these additional agencies has required additional coordination
and evaluation efforts on behalf of BC&A. The following paragraphs summarize the overall
additional scope of work associated with the Environmental Issues.
TASK DESCRIPTIONS
Task 1 - Cultural Resource Survey: An Environmental Study was completed as related to the
proposed construction of the new WRF. The Study identified that, due to the age of the existing
facility, a Cultural Resource Inventory must be completed. The Cultural Resource Inventory
provides documentation of historic structures, including written descriptions of buildings and other
structures, photographs documenting individual features, written history discussing the initial
period of construction, and subsequent renovations, documenting drawings (as -available),
compilation of historical photographs, etc. BC&A will provide three hard copies of the Cultural
Resource Inventory Documentation Packet, and three electronic CD copies.
The fee estimate for this task is $6,912.00.
Task 2 - Yellow Billed Cockoo Site Survey: The USFWS recently added the Yellow Billed
Cockoo to the Threatened Species List. The original Environmental Study determined that the site
for the new WRF did not contain Yellow Billed Cockoo habitat. However, the USFWS recently
developed additional evaluation procedures that require the evaluation to extend 0.5 miles beyond
the proposed site. This new requirement lead to the need of formal survey of the area, to document
that there is no Yellow Billed Cockoo's currently nesting within 0.5 miles of the site. The survey
must be completed by a biologist specifically licensed to survey for the Yellow Billed Cockoo.
BC&A was asked to contract with a licensed biologist to complete the survey. BC&A contracted
with Western Biology, LLC for this task.
The fee estimate for this task is $9,512.00.
Agenda
Page 77 of 191
Task 3 - Wetland Delineation Documentation: The Environmental Assessment determined that
there was no wetlands on the site for the new WRF. DWQ has requested that the site be fully
delineated and documented with the Army Corp of Engineers. This delineation is not usually
required, and was requested by DWQ to assist them in the approval process. BC&A prepared the
formal documentation and delineation to for revuew and approval by the Army Corp of Engineers.
The fee estimate for this task is $5,288.00.
Task 4 - Additional Coordination with DWQ and USF&W: The DWQ environmental review
and approval process has required significantly more effort from BC&A than would was originally
expected. The involvement of the USFWS has also increased the coordination and response
efforts. BC&A, along with the City, has spent a significant amount of time coordinating with these
agencies in identifying the proper review procedures, understanding of the project, addressing
environmental concerns and providing supplemental information. BC&A also attending meetings
and participated on many conference calls associated with the increased environmental review
process.
The fee estimate for this task is $20,712.00.
Task 5 — USACE Permit Application Assistance: BC&A was asked by the City to assist in
preparing the US Army Corp Engineering application necessary to construct the existing headwall
repairs. USACE requested that a separate permit be submitted directly to USACE, rather using
the typical State of Utah joint application. This task includes preparation of documents necessary
for a complete permit, and coordination with USACE.
The fee estimate for this task is $2,960.00.
Agenda
Page 78 of 191
Exhibit B - Task Order 16-07
WWTP ENVIROMENTAL PERMITTING ASSISTANCE
Engineering Man -Hour and Fee Estimate
Prepared by Bowen, Collins and Associates
Personnel (Billing Rates for Calendar Year 2016)
Subtotal
Hours
Subtotal
Labor
Subcontractor
Subtotal
Expenses
Total Cost
Labor Category
Sen. Review
Proj. Mngr.
Project Eng
Project Eng
Engr VII
I&C
Landscape
CAD
Admin
Staff
Mayers
Beckman
Petkovic
Olsen
Bagley
Smith
Tsandes
Staff
Staff
Labor Rate
$135
$145
$130
$125
$165
$119
$110
$110
$64
Task
No.
Task Description
1
Cultrual Resource Inventory of Exisitng WWTP
4
12
16
$ 1,900
$ 4,900
$ 5,012
$ 6,912
2
Yellow Billed Cockoo Surveys
4
12
16
$ 1,900
$ 7,500
$ 7,612
$ 9,512
3
Wet Land Delinination
4
32
8
44
$ 4,980
$ 308
$ 5,288
4
Additonal Coordination and Management
8
60
8
80
156
$ 19,620
$ 1,092
$ 20,712
5
USACE Permit Assistance
1
24
25
$ 2,785
$ 175
$ 2,960
Subtotal
8
73
8
0
0
0
160
8
0
257
31,185
12,400
14,199
$ 45,384
TOTALS
8 _
73
8
0
0
0
160
8
0
257
$ 31,185
$ 14,199
$ 45,384
Notes:
1 - Subcontractor fee includes cost for Red Desert Land Surveying.
Expenses include:
Mileage reimbursement at $0.75/mile
Computer/Communications Charge at $7.00/1abor hour
10 % Markup on other project related expenses
Page 79 of 191
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
November 8, 2016
Agenda Item
#: 7-6
Title: Approval of Task Order #16-08 with Bowen Collins & Associates, Inc.
accepting the Scope of Work for General Engineering Assistance with a fee
amount not to exceed $40,000
Fiscal Impact: $40,000
Staff Presenter(s): Phillip M. Bowman, P.E., City Engineer
Department: Engineering
Consultant: Bowen Collins & Associates, Inc. (BCA)
Background/Summary: This task order will allow Bowen Collins & Associates
(BCA) to provide assistance to City Staff related to the analysis of capacity at the
existing wastewater treatment plant (WWTP), the evaluation of operational
improvements at the WWTP, and the formulation of recommendations and
designs for additional treatment measures at the WWTP.
Based on the recent Technical Memorandum titled "Existing Moab WWTP
Capacity Evaluation" dated October 27, 2016, a number of measures have been
discussed that could improve the operational performance of the existing WWTP
and/or create additional capacity to serve new connections to the sewer collection
system. This task order will allow BCA to complete the laboratory testing,
evaluation, and recommendations for possible improvements, and provide any
engineering design necessary to implement the improvements. The exact scope
of work associated with this task order is unknown, so all work will be completed
on a time and expense basis.
This Task Order is budgeted for in Fiscal Year 2017 as part of the "WWTP
Upgrade" in the Capital Budget of the Water & Sewer Fund.
Options: The City Council may approve, approve with conditions, deny, or
postpone the item.
Staff Recommendation: Staff recommends approval of the Task Order.
1
Agenda
Page 80 of 191
Recommended Motion: "I move to approve Task Order #16-08 with Bowen
Collins & Associates, Inc., accepting the Scope of Work for General
Engineering Assistance with a fee amount not to exceed $40,000."
Attachments:
Task Order 16-08, with Exhibit A (2016 Billing Rates)
Agenda
Page 81 of 191
Bowen Collins
& Associates, inc.
CONSULTING ENGINEERS
TASK ORDER NO. 16-08
TO
MASTER AGREEMENT FOR PROFESSIONAL SERVICES
OWNER: City of Moab Utah
Effective Date of Master Agreement: April 22, 2014
THIS TASK ORDER NO. 16-08 TO THE MASTER AGREEMENT FOR PROFESSIONAL SERVICES (this
"TASK ORDER") is made and entered into as of the day of 2016, by and between City of Moab,
Utah (herein called OWNER) and Bowen, Collins and Associates, Inc., a Utah Corporation (herein called
ENGINEER) who agree as follows:
1. PROJECT. The PROJECT associated with this TASK ORDER is described as follows: General.
Eneineerine Assistance. The PROJECT SITE is the City of Moab, Utah.
2. SCOPE OF SERVICES. The SCOPE OF SERVICES and deliverables associated with this TASK ORDER
is as follows:
Bowen Collins & Associates will provide engineering assistance as requested by the OWNER. All
tasks and associated fee, will be reviewed and approved by the OWNER prior to commencement of
the work. Task may include additional engineering evaluations, technical memorandums, meeting
attendance, etc.
3. FEES. OWNER shall reimburse for services provided under this TASK ORDER on a time and expense
basis not to exceed $40,000.00. Payment shall be in accordance with the HOURLY RATE SCHEDULE
attached hereto as Exhibit A and in accordance with the PROFESSIONAL SERVICES AGREEMENT.
4. SCHEDULE, The SERVICES associated with this TASK ORDER are anticipated to be completed as agreed
to upon authorization to proceed.
5. ATTACHMENTS AND EXHIBITS. Both parties have read and understood all attachments and exhibits
referenced in or attached to this TASK ORDER and agree that such items are hereby incorporated into and
made a part of the MASTER AGREEMENT FOR PROFESSIONAL SERVICES.
IN WITNESS WHEREOF, OWNER and ENGINEER have executed this TASK ORDER as of the date first above
written,
CITY OF MOAB, UTAH (OWNER) BOWEN, COLLINS
%&� _ASSOCIATES (E
By: By: L e
Printed Name: Printed Name: a.;5 ey(iut
Its: Its:
GINEER)
Agenda
Page 82 of 191
2016 Billing Rates
Bowen Collins and Associates
Employee
Classification
Rate
Employee
Classification
Rate
Engineering Intern
$ 49
Brian Mecham
Engineer IV
$ 113
IT
$ 54
Tim Anderson
Technician IV
$ 100
Linda Loveridge
Clerical I
$ 54
Bonnie Baucom
Technician IV
$ 100
Kimberly Buhler
Clerical I
$ 54
Lowell Williams
Construction Inspector IV
$ 125
Gwen Rasmusen
Clerical II
$ 65
Jamie Tsandes
Landscape Architect
$ 115
Mike Hilbert
Clerical II
$ 65
Todd Olsen
Engineer IV
$ 125
Michelle Skousen
Clerical III
$ 80
Ted Symes
Construction Inspector IV
$ 130
LeAnn Dannelly
Clerical III
$ 80
Boris Petkovic
Engineer IV
$ 130
Justin Collins
Technician I
$ 81
Richard Smith
Technician V
$ 130
Seth Riggs
Technician III
$ 95
Brandon Wyatt
Engineer IV
$ 130
Brian Abel
Technician III
$ 95
Jon Oldham
Engineer IV
$ 130
Brian Sanderson
Technician III
$ 95
Chris Patten
Engineer IV
$ 130
Tony Plott
Technician III
$ 95
Stephen Cohen
Engineer IV
$ 130
Nathan Wright
Engineer I
$ 97
Douglas Stewart
Electrical Engineer IV
$ 130
Tyler Seamons
Engineer I
$ 97
Ryan Oberg
Engineer IV
$ 133
Aaron Anderson
Engineer I
$ 97
Jeremy Lake
Electrical Engineer IV
$ 135
Justin Dietrich
Engineer I
$ 97
Shane Cavanaugh
Electrical Engineer IV
$ 135
Josh Wagstaff
Engineer I
$ 97
Darin Youngstrom
Electrical Engineer IV
$ 140
Matt Thompson
Construction Inspector III
$ 100
Rodolfo Garcia
Technician VI
$ 130
Steven Beardall
Technician III
$ 100
Gregory Loscher
Engineer V
$ 145
Josh Thompson
Engineer III
$ 107
Jeff Beckman
Engineer V
$ 145
Jordan Oyler
Engineer II
$ 107
Keith Larson
Engineer V
$ 145
Josh Bean
Engineer II
$ 107
Brent Packer
Engineer V
$ 145
Steve Meyer
Engineer III
$ 107
Thayne Clark
Engineer V
$ 145
Kameron Ballentine
Engineer III
$ 107
Robert Mayers
Chief Engineer
$ 135
Cristina Nelson
Engineer III
$ 107
Tena Campbell
Engineer VI
$ 150
Cody Moultrie
Engineer III
$ 115
Jason Luettinger
Engineer VI
$ 150
Chris DeKorver
Engineer III
$ 107
Kirk Bagley
Engineer VI
$ 150
Brian Romrell
Engineer III
$ 107
Russ Davis
Engineer VI
$ 150
Eric Neil
Engineer III
$ 107
Chris MikeII
Hydrogeologist VII
$ 150
Andrew McKinnon
Engineer III
$ 107
Craig Bagley
Engineer VII
$ 165
Merissa Davis
Environmental Scientist
$ 107
Ken Spiers
Engineer VII
$ 165
Matt Stayner
Engineer III
$ 112
Michael Collins
Engineer VIII
$ 165
Standard Expenses include:
Computer/Communication(per hour) $7.00
Mileage $.75 per mile
10% markup -subcontractors and project expenses
Billing rates are adjusted annually for inflation
Page 83 of 191
1
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
November 8, 2016
Agenda item
#: 7-7
Cif
MA
Title: Second Reading and Consideration of Proposed Ordinance #2016-08 - An
Ordinance Amending the City of Moab Municipal Code, Sections 13.25.060 B and
13.25.060 C to modify the Sewer Impact Fee
Fiscal Impact: The proposed ordinance will modify and lower the Sewer Impact
Fee for the City of Moab, but will increase the Sewer Impact Fee for outside
agencies. The total amount of Sewer Impact Fees collected per year is a function
of the number of building permits issued per year, so the exact effect of the
proposed ordinance is not known at this time.
Staff Presenter: Phillip M. Bowman, P.E., City Engineer
Department: Engineering
Consultant: Bowen Collins and Associates, Inc.
Background/Summary: City staff has worked closely with the City's
engineering consultant, Bowen Collins and Associates, Inc., (BCA), to create a
Sewer Impact Fee Facilities Plan and a Sewer Impact Fee analysis. The
completion of these two studies is required per the Utah Impact Fees Act to
establish and collect a Sewer Impact Fee from new development within the City
and within any other agencies served by the City's sewer collection system and
wastewater treatment plant. The Sewer Impact Fee Analysis has determined a
Recommended Impact Fee amount that is different than the amount currently
established in the Moab Municipal Code, Section 13.25, and Proposed Ordinance
#2016-08 will modify the Code to collect the recommended impact fee.
Since the First Reading of Proposed Ordinance #2016-08 on October 25, 2016,
there have been very minor revisions to the document. On page 3 of 5 of the
Proposed Ordinance, Item C., there were slight modifications made to the names
of the Spanish Valley Water and Sewer Improvement District and the Grand Water
and Sewer Service Agency to more accurately reference these entities. No other
content of the Proposed Ordinance has been changed, and the proposed sewer
impact fee amounts remain the same.
All required advertising and public notice for Proposed Ordinance #2016-08 have
been completed. The Proposed Ordinance with the Sewer Impact Fee Schedule
tables included, the Sewer Impact Fee Facilities Plan, and the Sewer Impact Fee
Analysis have been made available for public review at the Grand County Library
J
Agenda
Page 84 of 191
and at the City of Moab Recorder's Office.
If Proposed Ordinance #2106-08 is approved by the City Council on November 8,
2016, there is a mandatory ninety (90) day waiting period established by the Utah
Impact Fees Act before the new Sewer Impact Fee amount can be collected.
During the waiting period, the City is allowed to continue to collect the existing
Sewer Impact Fee amount established by the current Code. With this waiting
period taken into account, the new Sewer Impact Fee amount can begin to be
collected within the City of Moab and within other service agencies on Monday,
February 6, 2017, or at a later date if directed by City Council.
City staff is available to further explain the impact fee studies or ERU Schedule,
and to answer any questions that the City Council may have.
Options:
1. Adopt Proposed Ordinance #2016-08 to amend the City of Moab Municipal
Code, Sections 13.25.060 B and 13.25.060 C to modify the Sewer Impact Fee.
2. Direct staff to make changes to the Proposed Ordinance.
3. Other, as directed to staff.
Recommended Motion: "I move to adopt Proposed Ordinance #2016-08 —
An Ordinance Amending the City of Moab Municipal Code, Sections
13.25.060 B and 13.25.060 C to modify the Sewer Impact Fee."
Attachments:
Proposed Ordinance #2016-08
Agenda
Page 85 of 191
ORDINANCE #2016-08
AN ORDINANCE AMENDING CHAPTER 13.25 OF THE CITY OF MOAB
MUNICIPAL CODE WITH NEW AMOUNTS FOR THE SEWER IMPACT FEE
WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and
especially Chapter 13.25, Water and Sewer Impact Fees, to establish impact fees for new
development; and,
WHEREAS, the Utah Impact Fees Act mandates that municipalities establish ordinances and
procedures for the equitable apportionment of costs for municipal capital improvements; and,
WHEREAS, the City of Moab has completed a Sewer Impact Fee Facilities Plan and a Sewer
Impact Fee Analysis in accordance with Utah Code Annotated, 11-36a-306(2); and,
WHEREAS, the Sewer Impact Fee Analysis has determined a Recommended Impact Fee of a
different amount than currently in effect; and,
WHEREAS, Council reviewed Ordinance #2016-08 in a regularly scheduled meeting held on
October 25, 2016, to hear and discuss the merits of the proposed changes to the Code, Chapter
13.25, Water and Sewer Impact Fees; and,
WHEREAS, Council, in a duly advertised public hearing held on November 8, 2016, did hear
public testimony and determine the merits of the changes to the Code, Chapter 13.25, Water
and Sewer Impact Fees; and,
WHEREAS, Council found that the changes benefit the residents of Moab.
NOW, THEREFORE, the Moab City Council hereby amends specific sections of Chapter 13.25,
Water and Sewer Impact Fees, and amends the language as noted below:
Section:
13.25.060
13.25.060
Chapter 13.25
WATER AND SEWER IMPACT FEES
Calculation of impact fees
B. Sewer impact fees shall be calculated per Equivalent Residential Unit (ERU).
1. Residential sewer impact fees shall be calculated at one thousand four hundred forty eight
dollars per Single Family Residence, and other permanent and overnight accommodations
calculated per ERU pursuant to the following "Sewer Impact Fee Schedule — City of Moab" table.
Agenda
Page 86 of 191
2. Sewer impact fees for business and commercial uses shall be calculated at one thousand four
hundred forty eight dollars per ERU pursuant to the following "Sewer Impact Fee Schedule -
City of Moab" table.
Sewer Impact Fee Schedule - City of Moab
Customer Type
Units
# Flow
ERUs per
Unit
# Treatment
ERUs per
Unit
Flow
Impact Fee
per Unit
Treatment
Impact Fee
per Unit
Total Impact
Fee per Unit
Permanent Residential
Single Family
Residence
1.00
1.00
$949
$499
$1,448
Multifamily, 2 Bedrooms or Larger
Unit
1.00
1.00
$949
$499
$1,448
Multifamily, 1 Bedroom or Smaller
Unit
0.56
0.56
$531
$279
$811
Overnight Accommodations
Rental Unit with Kitchen,
2 Bedrooms or Larger
Unit
1.20
1.20
$1,139
$598
$1,737
Rental Unit with Kitchen,
1 Bedroom or Smaller
Unit
1.00
1.00
$949
S499
$1,448
Hotel/Motel (No Kitchen)
Unit
0.78
0.78
$743
S390
$1,133
Other
Auto Repair
1,000 ftZ
0.16
0.16
$153
$80
$233
Bakery
1,000 ftz
0.53
5.00
$499
$2,494
$2,993
Bank
1,000 ftz
0.50
0.50
$474
$249
$724
Beauty/Barber Shop
Chair
0.25
0.25
$237
$125
$362
Campground
Campsite
0.79
0.79
$746
$392
$1,138
Car Wash - Auto
Each
10.00
5.00
$9,489
$2,494
$11,983
Car Wash - Wand
Wand
5.00
2.50
$4,745
$1,247
$5,991
Commercial
1,000 ftz
0.15
0.15
$146
$77
$223
Dry Cleaner
1,000 ftZ
0.59
0.37
$558
$185
$743
Fast Food
1,000 ftZ
2.86
4.76
$2,711
$2,375
$5,086
Gas Station/Convenience Store
1,000 ftZ
0.28
0.28
$264
$139
$402
Grocery Store
1,000 ftz
0.32
0.33
$306
$161
$467
Laundromat
Washer
0.71
0.33
$678
$165
$843
Office
1,000 ftZ
0.25
0.25
$237
$125
$362
Restaurant
Seat
0.09
0.21
$90
$06
$196
Retail
1,000 ftZ
0.15
0.15
$146
$77
$223
Schools
Students
0.07
0.07
$64
$33
$97
Theater
Seat
0.007
0.007
$7
$3
$10
Warehouse
1,000 ftZ
0.11
0.11
$100
$52
$152
* Cost of studies included under flow impact fee
Agenda
Page 87 of 191
C. Sewer impact fees for development with the Spanish Valley Water and Sewer Improvement District,
the Grand Water and Sewer Service Agency, or any other service agency outside of the City of Moab
service area shall be as provided by interlocal agreement by the service agency and the City, and shall be
calculated per equivalent residential unit (ERU).
1. Residential sewer impact fees for connections in other service agencies outside the City of
Moab service area shall be calculated at one thousand one hundred fifty two dollars per Single
Family Residence, and other permanent and overnight accommodations calculated per ERU
pursuant to the following "Sewer Impact Fee Schedule — Other Agencies" table.
2. Sewer impact fees for business and commercial uses in other service agencies outside the City
of Moab service area shall be calculated at one thousand one hundred fifty two dollars per ERU
pursuant to the following "Sewer Impact Fee Schedule — Other Agencies" table.
Agenda
Page 88 of 191
Sewer Impact Fee Schedule - Other Agencies
Customer Type
Units
# Flow
ERUs per
Unit
# Treatment
ERUs per
Unit
Flow Impact
Fee per
Unit*
Treatment
Impact Fee
per Unit
Total
Impact Fee
per Unit
Permanent Residential
Single Family
Residence
1.00
1.00
$542
$610
$1,152
Multifamily, 2 Bedrooms or Larger
Unit
1.00
1.00
$542
$610
$1,152
Multifamily, 1 Bedroom or Smaller
Unit
0.56
0.56
$303
$342
$645
Overnight Accommodations
Rental Unit with Kitchen,
2 Bedrooms or Larger
Unit
1.20
1.20
8650
$732
$1,382
Rental Unit with Kitchen,
1 Bedroom or Smaller
Unit
1.00
1.00
$542
$610
$1,152
Hotel/Motel (No Kitchen)
Unit
0.78
0.78
$424
$478
$902
Other
Auto Repair
1,000 ft2
0.16
0.16
$87
$98
$186
Bakery
1,000 ft2
0.53
5.00
$285
$3,051
$3,336
Bank
1,000 ft2
0.50
0.50
$271
$305
$576
Beauty/Barber Shop
Chair
0.25
0.25
$135
$153
$288
Campground
Campsite
0.79
0.79
$426
$480
$905
Car Wash - Auto
Each
10.00
5.00
$5,415
$3,051
$8,466
Car Wash - Wand
Wand
5.00
2.50
$2,708
$1,525
$4,233
Commercial
1,000 ft2
0.15
0.15
$83
$94
$177
Dry Cleaner
1,000 ft2
0.59
0.37
$319
$226
$545
Fast Food
1,000 ft2
2.86
4.76
$1,547
$2,905
$4,452
Gas Station/Convenience Store
1,000 ft2
0.28
0.28
$150
$169
$320
Grocery Store
1,000 ft2
0.32
0.32
$175
$197
$371
Laundromat
Washer
0.71
0.33
$387
$203
$590
Office
1,000 ft2
0.25
0.25
$135
$153
$288
Restaurant
Seat
0.09
0.21
$51
$130
$181
Retail
1,000 ft2
0.15
0.15
$83
$94
$177
Schools
Students
0.07
0.07
$36
$41
$77
Theater
Seat
0.007
0.007
$4
$4
$8
Warehouse
1,000 ft2
0.11
0.11
$57
$64
$121
* Cost of studies included under flow impact fee
-End of Amendment -
Agenda
Page 89 of 191
This ordinance is effective upon adoption, and per the Utah Impact Fees Act the new amount of the Sewer
Impact Fee will take effect ninety (90) days after this adoption.
PASSED AND APPROVED in open Council by a majority vote of the Governing Body of the Moab City
Council on November 8, 2016.
SIGNED:
David L. Sakrison, Mayor
ATTEST:
Rachel E. Stenta, Recorder
Agenda
Page 90 of 191
Moab, Utah
November 8, 2016
The Mayor and City Council of the City of Moab, Grand County, Utah met in regular session
at its regular meeting place in said Municipality at 7:00 o'clock p.m. on the 8th day of November,
2016, with the following members of the Governing Body present:
Dave Sakrison Mayor
Kyle Bailey Councilmember
Heila Ershadi Councilmember
Kalen Jones Councilmember
Tawny Knuteson-Boyd Councilmember
Rani Derasary Councilmember
Also present:
Rachel Stenta City Recorder
Absent:
After the minutes of the preceding meeting had been read and approved, the Town Clerk
presented to the Council an affidavit evidencing the giving of not less than twenty-four (24) hours
public notice of the agenda, date, time and place of the November 8, 2016, meeting of the Council
in compliance with the requirements of Section 52-4-202(1), Utah Code Annotated 1953, as
amended, by (1) posting written notice of the meeting at the principal office of the City Council, and
(2) providing notice to at least one newspaper of general circulation within the geographic
jurisdiction of the City of Moab, Grand County, Utah (the "City") or to a local media correspondent.
The affidavit was ordered recorded in the minutes of the meeting and is as follows:
Agenda
Page 91 of 191
STATE OF UTAH )
: SS.
COUNTY OF GRAND )
I, RACHEL STENTA, the undersigned City Recorder of the City of Moab, Grand County,
Utah (the "City") do hereby certify according to the records of the City in my official possession, and
upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-202,
Utah Code Annotated 1953, as amended, I gave not less than twenty-four (24) hours public notice
of the agenda, date, time and place of the November 8, 2016, public meeting held by the City as
follows:
(a) causing a Notice of Public Meeting to be posted at the principal office of the City
of Moab, 217 East Center Street, Moab, Utah, on November 7, 2016, at least twenty-four (24) hours
before the convening of the meeting, in the form attached hereto as Exhibit A; said Notice of Public
Meeting having continuously remained so posted and available for public inspection during the
regular office hours of the Issuer until the convening of the meeting; and
(b) causing a copy of the Notice of Public Meeting in the form attached hereto as
Exhibit A to be provided on November 7, 2016, at least twenty-four (24) hours before the convening
of the meeting, to the Moab Times -Independent, a newspaper of general circulation within the
geographic jurisdiction of Moab, Utah, and to any other local media correspondent, newspaper, radio
station or television station which has requested notification of meetings of the Council.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature this 8th day of
November, 2016.
(SEAL)
City Recorder
Agenda
Page 92 of 191
EXHIBIT A
[Attach Notice of Public Meeting Here]
Agenda
Page 93 of 191
NOTICE OF AGENDA OF REGULAR MEETING
PLEASE TAKE NOTICE that the Mayor and members of the City Council of the City of
Moab, Grand County, State of Utah, will hold a Regular Meeting on Wednesday, the 8th day of
November, 2016, at its regular meeting place, the Moab City Offices, 217 East Center Street, Moab,
Utah, at the hour of 7:00 o'clock p.m.
The Agenda for the meeting consists, in part, of the following:
(1) Consideration for and adoption of a Parameter Resolution authorizing the issuance
of not to exceed $11,500,000 in Wastewater Revenue Bonds of the City of Moab,
Grand County, Utah and calling of a public hearing to receive input with respect to
the issuance of such Bonds and any potential impact to the private sector from the
construction of the Project; and
(2) Any other business that may come before said meeting.
DATED this 7th day of November, 2016.
City Recorder
Agenda
Page 94 of 191
After the conduct of other business, the following resolution was introduced in written form
by the Mayor, was read in full and, pursuant to motion made by Councilmember
and seconded by Councilmember , was adopted by the following vote:
Yea: Kyle Bailey
Heila Ershadi
Kalen Jones
Tawny Knuteson-Boyd
Rani Derasary
Nay: None
The Resolution was thereupon signed by the Mayor, was attested and countersigned by the
City Recorder and was ordered recorded in the official records of the Issuer.
The Resolution is as follows:
CITY OF MOAB, GRAND COUNTY, UTAH
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE ISSUANCE AND CONFIRMING
THE SALE OF WASTEWATER REVENUE BONDS IN THE AGGREGATE
PRINCIPAL AMOUNT OF NOT TO EXCEED $11,500,000 (THE "BONDS")
OF THE CITY OF MOAB, GRAND COUNTY, UTAH (THE "ISSUER"),
CALLING A PUBLIC HEARING AND ESTABLISHING A TIME, PLACE
AND LOCATION FOR SAID PUBLIC HEARING TO RECEIVE INPUT
FROM THE PUBLIC WITH RESPECT TO THE ISSUANCE OF BONDS
AND ANY POTENTIAL ECONOMIC IMPACT TO THE PRIVATE SECTOR
FROM THE CONSTRUCTION OF THE PROJECT TO BE FUNDED BY
THE BONDS; PROVIDING FOR A PLEDGE OF WASTEWATER
REVENUES FOR THE PAYMENT OF THE BONDS; FIXING THE
MAXIMUM PRINCIPAL AMOUNT OF THE BONDS; THE MAXIMUM
NUMBER OF YEARS OVER WHICH THE BONDS MAY MATURE, THE
MAXIMUM INTEREST RATE WHICH THE BONDS MAY BEAR, AND
THE MAXIMUM DISCOUNT FROM PAR AT WHICH THE BONDS MAY
BE SOLD; PROVIDING FOR THE RUNNING OF A CONTEST PERIOD;
AND RELATED MATTERS.
WHEREAS subject to the limitations set forth herein, the City of Moab, Grand County, State
of Utah, desires to issue its Wastewater Revenue Bonds (the "Bonds") for the construction
wastewater system improvements, including the construction of a wastewater treatment plant,
together with related improvements to the wastewater system (the "Project"), and to acquire
necessary land, rights of way and other appurtenances and facilities and to defray all or a portion of
the cost thereof from the bonds to be issued hereby, pursuant to this Resolution and a Master
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Page 95 of 191
Resolution (the "Master Resolution"), in substantially the form presented at the meeting at which
this Resolution was adopted and which is attached hereto as Exhibit `B"; and
WHEREAS in order to allow for flexibility in setting the financial terms of the Bonds once
costs of the Project are finally determined and to optimize debt service costs to the Issuer, the
Governing Body of the Issuer desires to grant to the Mayor, in accordance with state law, the
authority to approve the interest rates, principal amounts, terms, maturities, redemption features and
purchase price at which the Bonds shall be sold and any changes with respect thereto from those
terms which were before the Governing Body at the time of adoption of this Resolution, provided
that such terms do not exceed the parameters set forth for such terms in Section 1 of this Resolution
(the "Parameters"); and
WHEREAS the Issuer, the City of Moab, considers it desirable and necessary and for the
benefit of the Issuer to construct the Project to be owned and operated by the Issuer, but does not
have on hand money sufficient to pay for the Project; and
WHEREAS the revenues to be derived by the Issuer from the operation of the System (as
hereinafter defined) have not been pledged or hypothecated in any manner or for any purpose and
the Issuer desires to issue its Bonds (as hereinafter defined), payable from such revenues in the
manner for which provision is hereinafter made in order to pay all or part of the cost of the Project;
and
WHEREAS the Utah Local Government Bonding Act, Sections 11-14-101, et seq., Utah
Code Annotated, 1953, as amended, provides that, prior to issuing bonds an issuing entity must (I)
give notice of its intent to issue such bonds and (ii) hold a public hearing to receive input from the
public with respect to the issuance of such bonds and any potential economic impact to the private
sector from the construction of the Project to be funded by the Bonds; and
WHEREAS the Issuer desires to call a public hearing for this purpose and to publish a notice
of such hearing, including a notice of bonds to be issued, in compliance with the Act with respect
to the Bonds; and
WHEREAS the State of Utah acting through its Water Quality Board has tentatively agreed
to purchase Wastewater Revenue Bonds (the 'Bonds"), at interest rates of not to exceed 2.5% per
annum and on the general and special terms and conditions as set forth herein;
NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of
Moab, Grand County, State of Utah, as follows:
Section 1. The Mayor and City Council (the "Governing Body") of the City of Moab, Grand
County, Utah (the "Issuer"), hereby finds and determines that it is in the best interests of the residents
within the City for the Issuer to issue its Wastewater Revenue Bonds in the aggregate principal
amounts of not to exceed $11,500,000 at interest rates not to exceed 2.5% per annum, to mature in
not more than twenty-five (25) years from their date or dates (collectively the "Bonds"), pursuant
to a resolution to be adopted by the Governing Body authorizing and confirming the issuance and
sale of the Bonds. Therefore, the Issuer hereby declares its intention to issue the Bonds according
to the provisions of this Section. The Bonds are to be issued for the purpose of paying all or part of
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Page 96 of 191
the cost of constructing improvements to the City's wastewater system, including construction of a
wastewater treatment plant, together with related improvements to the wastewater system, the
acquisition of necessary land and easements and the payment of all related costs and services
including engineering, the expenses and costs of the issuance of the Bonds and the cost to acquire
and provide all appurtenant facilities therefor (the "Project").
The Issuer hereby declares its intention to issue the Bonds according to the provisions of this
Section; provided, however, that the Bonds shall only be issued by the Issuer after adoption of a
Master Resolution by the Governing Body of the Issuer (the "Master Resolution") setting forth the
specific terms of the Bonds within the maximum terms herein provided.
The form of Master Resolution attached hereto as Exhibit `B" is in all respects hereby
authorized and approved, and the Mayor and Town Clerk of the Issuer are hereby authorized and
directed to execute and deliver the same on behalf of the Issuer.
The Mayor, within the parameters set forth herein, is hereby authorized to approve the
interest rates, principal amounts, terms, maturities, redemption features and purchase price at which
the Bonds shall be sold.
Section 2. The form, terms and provisions of the Bonds and the provisions for the signatures,
authentication, payment, registration, transfer, exchange, redemption and number shall be as set forth
in the Master Resolution. The Mayor and City Recorder of the Issuer are hereby authorized and
directed to execute and seal the Bonds.
Section 3. The appropriate officials of the Issuer are authorized to make any alterations,
changes or additions to the Master Resolution and the Bonds or any other document herein
authorized and approved which may be necessary to conform the same to the final terms of the
Bonds (within the Parameters set by this Resolution), to correct errors or omissions therein, to
complete the same, to remove ambiguities therefrom, or to conform the same to other provisions of
said instruments, to the provisions of this Resolution or any resolution adopted by the Governing
Body or the provisions of the laws of the State of Utah or the United States.
Section 4. The Issuer shall hold a public hearing on December 13, 2016, to receive input
from the public with respect to the issuance of the Bonds and any potential impact to the private
sector from the construction of the Project to be funded by the Bonds, which hearing date shall be
not less than fourteen (14) days after notice of the public hearing is (A) first published once a week
for two consecutive weeks in the Moab Times -Independent, a newspaper of general circulation in
the Issuer and (B) published on the Utah Public Notice Website created under Section 63F-1-701,
Utah Code Annotated 1953, as amended. The Issuer directs its officers and staff to publish a Notice
of Public Hearing in substantially the following form:
NOTICE OF PUBLIC HEARING
PUBLIC NOTICE IS HEREBY GIVEN that on November 2, 2016, the Mayor and City
Council of the City of Moab (the "Issuer"), adopted a resolution (the "Resolution") declaring its
intention to issue its Wastewater Revenue Bonds (the "Bonds") pursuant to the Utah Government
Bonding Act, Title 11, Chapter 14, Utah Code Annotated 1953, as amended and to call a public
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Page 97 of 191
hearing to receive input from the public with respect to the issuance of the Bonds.
The Issuer shall hold a public hearing on December 13, 2016, at the hour of 7:00 p.m. The
location of the public hearing is in the City Office, 217 East Center, Moab, Utah. The purpose of
the meeting is to receive input from the public with respect to the issuance of the Bonds and any
potential economic impact to the private sector from the construction of the Project to be funded by
the Bonds. All members of the public are invited to attend and participate.
DATED this 8th day of November, 2016.
/s/ Rachel Stenta
City Recorder
[Publish once each week for two consecutive weeks.]
* * * * * * * *
Section 5. The Issuer shall also cause a copy of this Resolution (together with all exhibits
hereto) to be kept on file in the Issuer's principal offices for public examination during the regular
business hours of the Issuer until at least thirty (30) days from and after the date of publication
thereof. The Issuer directs its officers and staff to publish a Notice of Bonds to be Issued in
substantially the following form:
NOTICE OF BONDS TO BE ISSUED
PUBLIC NOTICE IS HEREBY GIVEN that on November 8, 2016, the Mayor and City
Council of the City of Moab (the "Issuer"), adopted a resolution (the "Resolution") declaring its
intention to issue its Wastewater Revenue Bonds (the "Bonds"), pursuant to the Utah Local
Government Bonding Act, Title 11, Chapter 14, Utah Code Annotated 1953, as amended.
The Issuer intends to issue the Bonds in the principal amount of not to exceed $11,500,000
to bear interest at a rate not to exceed 2.5% per annum, to mature in not to more than 25years from
their date or dates, and to be sold at a price not less than 100% of the total principal amount thereof,
plus accrued interest to the date of delivery. The Bonds will specify that any installment of principal
on the Bonds which shall not be paid when due shall bear interest at the rate of 18% per annum from
the due date thereof until paid.
The Issuer intends to issue the Bonds for the purpose of (I) financing all or a portion of the
cost to construct improvements to the City's wastewater system, including construction of a
wastewater treatment plant, together with related improvements to the wastewater system; and (ii)
paying costs of issuing the Bonds.
OUTSTANDING BONDS SECURED BY THE SAME REVENUE
The Issuer currently has no outstanding bonds secured by the pledge of wastewater system
revenues.
Agenda
Page 98 of 191
ESTIMATED TOTAL COST OF THE BONDS
The estimated total cost to the Issuer for the proposed Bonds is $10,400,000.00. The
estimated cost of interest on the Bonds is $1,301,846.00.
NOTICE IS FURTHER GIVEN that a period of 30 days from and after the last date of
publication of this Notice is provided by law during which any person in interest shall have the right
to contest the legality of the Resolution or the Bonds, or any provision made for the security and
payment of the Bonds, and that after such time, no one shall have any cause of action to contest the
regularity, formality or legality thereof for any cause whatsoever.
A copy of the Resolution is on file in the office of the City Recorder in Moab, Utah, where
it may be examined during regular business hours of the City Recorder from 8:00 a.m. to 5:00 p.m.
Monday through Friday.
DATED this 8th day of November, 2016.
[Publish one time only.]
/s/ Rachel Stenta
City Recorder
* * * * * * **
Section 6. For a period of thirty (30) days from and after publication of the Notice of Bonds
to be Issued, any person in interest shall have the right to contest the legality of this Resolution or
the Bonds hereby authorized. After such time, no one shall have any cause of action to contest the
regularity, formality or legality of this Resolution or the Bonds for any cause whatsoever.
Section 7. All resolutions or parts thereof in conflict herewith are, to the extent of such
conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its
approval and adoption.
Agenda
Page 99 of 191
PASSED AND APPROVED this 8th day of November, 2016
CITY OF MOAB
By
Mayor
ATTEST AND COUNTERSIGN:
By
City Recorder
[SEAL]
After the conduct of other business not pertinent to the foregoing, it was moved and carried
that the Mayor and City Council adjourn.
ATTEST:
By
City Recorder
[SEAL]
CITY OF MOAB
By
Mayor
Agenda
Page 100 of 191
STATE OF UTAH
COUNTY OF GRAND
I, RACHEL STENTA, the undersigned, do hereby certify that I am the duly qualified and
acting City Recorder of the City of Moab, Grand County, Utah (the "Issuer"). I further certify that
the above and foregoing constitutes a true and correct copy of the minutes of a regular public
meeting of the Mayor and City Council of the Issuer, held on November 8, 2016, including a
Resolution adopted at such meeting, together with exhibits and appendices attached thereto, as said
minutes, resolution and appendices are recorded in the regular official book of minutes of the
proceedings of the Governing Body kept in the office of the City Recorder that said proceedings
were duly had and taken as therein shown, that the meeting thereon shown was in all respects called,
held and conducted in accordance with law, and that the persons therein named were present at said
meeting, as therein shown.
I further certify and I caused a true and correct copy of the above -referenced resolution
(including all exhibits and appendices attached thereto) to be filed in the office of the City Recorder
for examination by any interested person during the regular business hours of the office of the City
Recorder.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature and impressed
hereon the official seal of the Issuer, this 8th day of November, 2016.
[SEAL]
City Recorder
Agenda
Page 101 of 191
EXHIBIT B
[Master Resolution]
Agenda
Page 102 of 191
MASTER RESOLUTION
OF
CITY OF MOAB, GRAND COUNTY, UTAH
AS ISSUER
DATED AS OF *, 2016
Agenda
Page 103 of 191
MASTER RESOLUTION
WHEREAS, the City of Moab, Grand County, State of Utah, considers it desirable and
necessary and for the benefit of the Issuer to construct, operate and maintain the Project (as
hereinafter defined) to be owned and operated by the Issuer, but does not have on hand money
sufficient to pay for the Project (as hereinafter defined); and
WHEREAS, pursuant to the provisions of a Resolution adopted on November 8, 2016 (the
"Authorizing Resolution"), the Governing Board of the City (the "Governing Board") has authorized
and approved certain actions to be taken by the City in connection with the financing of the Project,
including the adoption this Master Resolution and the issuance of the Series 2016 Bonds hereunder;
and
WHEREAS, it has been determined by the City that the estimated amount necessary to
finance the Project, including necessary expenses incidental thereto, will require the issuance, sale
and delivery of the Series 2016 Bonds in the principal amount of $10,400,000, as hereinafter
provided; and
WHEREAS, the City has determined that the Series 2016 Bonds shall be secured as provided
herein and has ascertained and determined that the provisions herein contained for protecting and
enforcing the rights and remedies of the registered owners of such Series 2016 Bonds are reasonable,
proper and in accordance with law, and that this Master Resolution is necessary to the performance
of its duties and the execution of its powers under law, and does deem and determine all of the
provisions herein contained to be reasonable and proper for the security of the registered owners of
the Series 2016 Bonds; and
WHEREAS, all acts and things required by law to make this Master Resolution a valid and
binding instrument for the security of all Bonds duly issued hereunder have been done and
performed, and the execution and delivery of this Master Resolution have been in all respects duly
authorized; and
WHEREAS, the Series 2016 Bonds in registered form are to be in substantially the
appropriate form set forth in Section 2.06 and if issued as Exchange Bonds are to be in substantially
the appropriate form set forth in Section 2.07, with appropriate variations, omissions and insertions
as permitted or required by this Master Resolution; and
WHEREAS, all things necessary to make the Series 2016 Bonds when authenticated by the
City and issued as in this Master Resolution provided, the valid, binding and legal obligations of the
City according to the import thereof, and to constitute this Master Resolution a valid assignment and
1
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Page 104 of 191
pledge of the amounts pledged to the payment of the principal on the Series 2016 Bonds, and to
constitute this Master Resolution a valid assignment of the rights of the City with respect to the
Project have been done and performed and the creation, execution and delivery of this Master
Resolution, and the creation, execution and issuance of the Series 2016 Bonds, subject to the terms
hereof, have in all respects been duly authorized:
NOW, THEREFORE, Be It and It Is Hereby Resolved by the Mayor and City Council of the
City of Moab, Grand County, Utah, as follows:
ARTICLE I
DEFINITIONS
As used in this Master Resolution, the following terms shall have the following meanings
unless the context clearly indicates otherwise:
"Act" means the provisions of the Local Government Bonding Act of the State of Utah,
Chapter 14, Title 11, Utah Code Annotated,1953, as amended and the Registered Public Obligations
Act of the State of Utah, Chapter 7, Title 15, Utah Code Annotated, 1953, as amended.
"Annual Debt Service" means the annual payment of principal, interest, if any, and premium
or penalty, if any, to be paid by the Issuer on all outstanding bonds or other forms of indebtedness
which are secured by the revenues of the System.
"Annual Net Revenues" means the Net Revenues for any 12 consecutive calendar months.
"Bond Fund" mean the fund established in Section 4.02 hereof.
"Bond" means the $10,400,000 aggregate principal amount of Wastewater Revenue Bond,
Series 2016 of the Issuer authorized hereby.
"Bond Documents" means this Master Resolution.
"Bondholder" means the registered holder of any registered bond, the issuance of which is
authorized herein.
"City Recorder" means the duly appointed and acting City Recorder of the Issuer.
"Delivery Date" means the date the Bond is delivered to the initial purchaser and this date
to be known on the Bond as the issue date.
"Depository" or "Depository Bank" means a Qualified Depository (defined hereinafter).
2
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"Escrow Account" means an account to be held in escrow by the Escrow Agent pursuant to
an Escrow Agreement to be entered into between the Issuer and the Water Quality Board on the date
of delivery of the Bond, said account to be used for the purpose of depositing the proceeds of the sale
of the Bond as well as certain grant monies and supervising said proceeds pursuant to the terms of
the Escrow Agreement.
"Escrow Agent" means the Utah State Treasurer.
"Executive Officer" means the Mayor of the Issuer.
"Expense of Maintenance and Operation" means all expenses reasonably and necessarily
incurred in connection with the operating, repairing, maintaining and insuring of the System, and
including ordinary repairs, renewals and replacements, other than capital improvements, necessary
to keep the System in efficient operating condition, the cost of audits hereinafter required, paying
agents' fees, depository fees, legal fees, architect's fees, engineering fees, fiscal agent's fees, escrow
agent's fees, properly allocated charges for insurance, any other expenses described as Expenses of
Maintenance and Operation and generally all expenses which under general accounting practices are
properly chargeable to maintenance and operation, but excluding depreciation.
"First Payment Date" means a payment of principal and interest on May 1, 2019 (there shall
also be a payment of interest only on May 1, 2017 and May 1, 2018) with regard to the Wastewater
Revenue Bond, Series 2016.
"Fully Registered Bond" means a single Bond registered as to both principal and interest in
the denomination equal to the amount of the Bond authorized herein.
"Future Parity Bonds" means any bonds hereafter issued by the Issuer on a parity with the
Bond herein authorized pursuant to the conditions and restrictions set forth in Article V hereof.
"Governing Body" means the Mayor and City Council of the Issuer.
"Installment Amount" means the amount of each annual registered installment of principal
and interest on the Bond, as shown in the Repayment Schedule in the Bond.
"Issue Amount" means the principal amount of the Bond authorized to be issued hereunder
and is the amount of $10,400,000.
"Issuer" means the City of Moab, Grand County, Utah.
"Master Resolution" means this resolution providing for the issuance of a revenue bond
payable from the Revenues of the System, as from time to time amended or supplemented in
accordance with the provisions hereof.
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"Net Revenues" means, for any period, the Revenues during such period less Expenses of
Maintenance and Operation during such period.
"Outstanding" or "Outstanding Bonds" means any Bond which has been issued and delivered
in accordance with the provisions hereof; but shall not include a Bond in lieu of which another Bond
has been issued to replace a mutilated, lost, destroyed or stolen bond.
"Payment Date" means the 1st day of May in each year beginning with the year 2019,
provided, however, that there shall also be a payment of interest only on May 1, 2017 and May 1,
2018.
"Payment Years" means the Years in which Installment Amounts come due, described as the
years 2019 through 2038.
"Permitted Investments" means those investments specified in Section 51-7-11, Utah Code
Annotated, 1953, as amended.
"Project" means the construction of wastewater system improvements, including
construction of a wastewater treatment plant, together with all necessary or related work and
improvements.
"Qualified Depository" means a depository institution constituting a "qualified depository"
under Chapter 7 of Title 51, Utah Code Annotated 1953, as amended.
"Reserve Fund Installment" means a monthly payment of $8,126 for the first six (6) years
until the sum of $585,062 is accumulated.
"Reserve Fund Requirement" means the amount equal to the maximum annual installment
of principal and interest of the Bond, which is $585,062.
"Revenues" means all revenues, income and profits of any kind derived from the operation
of the System, including the proceeds of any connection charges not applied directly to the payment
of the cost of improving or extending the System or of making connections thereto, and all interest
earned by and profits derived from the sale of investments made with the said revenues, income and
profits. Revenues shall not include the proceeds of sale of the Bond, Parity Bonds or other
obligation issued for System purposes.
"Serial Bonds" means the registered $1000 denomination (or multiples of $1000) Wastewater
Revenue Bond, Series 2016 which may be issued in exchange for the Fully Registered Bond.
"System" means the complete wastewater and wastewater system of the Issuer, as such
system now exists, together with the Project, and any other properties now or hereafter owned or
operated by the Issuer relating to said system and as may hereafter be improved and extended,
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including specifically all properties of every nature owned by the Issuer and used or useful in the
operation of said system, including real estate, personal and intangible properties, contracts,
franchises, leases and choses in action, whether lying within or without the boundaries of the Issuer.
"Treasurer" means the duly appointed, qualified and acting Treasurer of the Issuer.
"Water Quality Board" means the State of Utah, Water Quality Board, or any other successor
agency.
"Year" means the twelve-month period beginning on January 1st of each calendar year and
ending on the next succeeding December 31 st.
Except where the context otherwise requires, words importing the singular number shall
include the plural and vice versa, and words importing the male gender shall include the female
gender and vice versa.
ARTICLE II
TERMS AND PROVISIONS OF THE SERIES 2016 BOND
Section 2.01. Purpose and Authority.
(a) The Governing Body hereby finds, determines and declares that the Project to be
acquired, constructed, improved and extended with the proceeds of the Bond is necessary for the
proper operation of the System and is economically feasible, and the Revenues will be sufficient to
retire the Bond.
(b) For the purpose of paying the cost of the Project, including the payment of all fees
and expenses incident thereto and to the issuance of the Series 2016 Bond, the Series 2016 Bond
shall be issued in the amount or amounts set forth in the Treasurer's Certificate of Dates of Payment
and Amounts at the end of the Bond, but in no event more than the maximum principal amount of
$10,400,000. The Series 2016 Bond shall be payable solely from the Revenues to be derived from
the operation and ownership of the System, as more specifically provided herein, and, to the extent
available, monies remaining in the Construction Fund as described in Section 3.01 upon completion
of the Project.
Section 2.02. Designation and Terms of the Series 2016 Bond. The Series 2016 Bond shall
be designated as the "Wastewater Revenue Bond, Series 2016," shall be dated as of the date of
delivery to the Water Quality Board, and shall be issued only in fully -registered form, without
coupons, with respect to the Fully Registered Bond, in substantially the form provided in Section
2.06 herein and in a single denomination equal to the aggregate principal amount of the Series 2016
Bond (which aggregate principal amount shall be the Issue Amount or such lesser amount as shall
be set forth as the "Total Principal Sum" on the Certificate of Dates of Payment and Amount attached
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to the Series 2016 Bond), and (b) with respect to the Serial Bonds, in substantially the form provided
in Section 2.07 hereinafter and in the denomination or denominations of $1000 or any integral
multiple thereof. The Series 2016 Bonds shall be numbered from one (1) consecutively upward in
order of authentication and delivery by the Issuer. The Series 2016 Bond shall mature in twenty (20)
annual Principal Installments on May 1st of each of the years and in the principal amounts set forth
in the form of the Series 2016 Bond in Section 2.06 and shall bear interest at the rate of 1.15% per
annum. Interest shall be payable on the same day as the due date for a payment of principal,
provided, however, that interest -only payments shall also be payable on May 1, 2017 and May 1,
2018.
Any installment of principal and/or interest which shall not be paid when due shall bear
interest at the rate of eighteen (18%) per cent per annum from the date of maturity of such
installment until paid.
Subject to prepayment of principal as herein provided, principal on the Bond shall be payable
in the number of annual registered installments equal to the number of Payment Years, with no
provision for any grace period as to the due date of such payments; provided, however, that the last
such installment payment shall be in such amount as will pay the remaining principal due and on the
Bond on the date of such payment each in the amount of the Installment Amount, due on the
Payment Date of each of the Payment Years. Each payment shall be first applied to any applicable
interest accrued to the date of payment of that installment, then to principal. Principal and interest,
on the Bond shall be payable in any coin or currency which, on the respective dates of payments, is
legal tender for the payment of debts to the United States of America and, except as hereinafter
otherwise provided, shall be made by check or draft mailed to the Office of the Water Quality Board
in Salt Lake City, Utah, or to its designee or to such other registered owner of the Bond as is shown
on the registration books maintained by the Issuer at the close of business on the fifteenth day of the
month next preceding each Payment Date at the address of such registered owner as it appears on
such registration books or to such other address furnished in writing by such registered owner to the
Issuer, and payment shall be endorsed thereon in the payment record attached thereto.
Section 2.03. Payment of the Series 2016 Bond. So long as Utah Water Quality Board is the
registered owner thereof, principal and interest on the Series 2016 Bond shall be payable in lawful
money of the United States of America by check or draft of the Issuer mailed to the Utah Water
Quality Board, Salt Lake City, Utah, or its designees. In the event the Bond is registered in the name
of a different owner, principal payments shall be payable upon presentation of the Bond and interest
installments shall be mailed to the address of the registered owner as it appears on the registration
books maintained by the Issuer as of the close of business on the 15th day of the month next
preceding each Payment Date or to such other address furnished in writing to the Issuer by such new
registered owner to the Issuer. Each payment shall be endorsed by the registered owner of the Series
2016 Bond on the payment record attached thereto upon receipt thereof.
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Section 2.04. Prepayment Provisions and Provisions Regarding Notation of Payments.
(a) The Series 2016 Bond shall be subject to prepayment at the option of the Issuer
at any time in whole or in part in multiples of $1000 at the principal amount thereof plus accrued
interest to the date of prepayment, and without premium. Any prepayment shall be allocated to the
Series 2016 Bond unless otherwise approved and directed by the Water Quality Board or other
registered owner of the Bond. In the event of a partial prepayment, each installment payment due
on the Payment Date of each Payment Year after such partial prepayment shall remain in the amount
set forth in Section 2.02 regardless of any such partial prepayment; provided that any such partial
prepayment shall reduce the principal due on the Series 2016 Bond in inverse order of installment
maturities; and provided further that the final payment on the Bond shall be fully sufficient to pay
all principal and interest, if any, remaining due thereon. Each prepayment on the Series 2016 Bond
shall be applied to any interest then due, if any, on the Series 2016 Bond and then to principal, in
inverse order of maturity of the principal installments. Notice of any call for prepayment shall be
given by registered mail not less than 30 nor more than 45 days prior to the prepayment date to the
Utah Water Quality Board, Salt Lake City, Utah, or to its designee, or to such other registered owner
of the Bond as is shown on the registration books at the close of business on the fifteenth day next
preceding the mailing of such prepayment notice at the registered owner's address as shown on such
registration books or at such other address furnished in writing by such registered owner to the
Issuer.
(b) In the event of a partial prepayment, such prepayment shall be made in the
manner provided for herein for the payment of Installment Amounts (except that prepayments need
not be made on Payment Dates) and endorsed on the Bond on the prepayment record attached
thereto.
(c) If notice of prepayment shall have been given as aforesaid, the Series 2016 Bond
or the portion thereof specified in said notice shall become due and payable at the prepayment price
and on the prepayment date therein designated and if, on the prepayment date, money for the
payment of the prepayment price of the Series 2016 Bond or the portion thereof to be prepaid,
together with interest, if any, to the prepayment date, shall be available for such prepayment on said
date, then from and after the prepayment date, interest, if any, on the Series 2016 Bond or the portion
thereof so called for prepayment shall cease to accrue and become payable.
(d) The registered owner of the Series 2016 Bond shall endorse any payment or
prepayment of principal on the Series 2016 Bond upon the payment record or prepayment record
attached to the Series 2016 Bond.
Section 2.05. Execution of Bond and Representations Relating to the Master Resolution.
The Series 2016 Bond shall be executed on behalf of the Issuer by the manual or facsimile signature
of the Executive Officer and attested and countersigned by the manual or facsimile signature of the
City Recorder. The City Recorder shall impress or imprint the official seal of the Issuer on the Bond.
All of the covenants, promises, statements, recitals, representations and agreements contained in the
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Series 2016 Bond and this Master Resolution are hereby considered and understood, and it is hereby
ordered and declared that the covenants, promises, statements, recitals, representations and
agreements therein and herein are covenants, promises, statements, recitals, representations and
agreements of the Issuer.
Section 2.06. Form of Series 2016 Bond. The Series 2016 Bond shall be in substantially the
following form:
REGISTERED REGISTERED
No. R-
UNITED STATES OF AMERICA
STATE OF UTAH
COUNTY OF GRAND
CITY OF MOAB
WASTEWATER REVENUE BOND, SERIES 2016
THIS BOND HAS BEEN DESIGNATED BY THE AUTHORITY AND THE CITY FOR PURPOSES OF THE
EXCEPTION CONTAINED IN SECTION 265(b)(3) OF THE INTERNAL REVENUE CODE OF 1986, AS
AMENDED, RELATING TO THE DEDUCTIBILITY OF A FINANCIAL INSTITUTION'S INTEREST
EXPENSE ALLOCABLE TO TAX-EXEMPT INTEREST.
Principal Sum
$10,400,000.00
Interest Rate
1.15%
Original Issue Date
September 9, 2016
The City of Moab, Grand County, Utah (the "Issuer") for value received, promises to pay,
but solely in the manner and from the revenues and sources hereinafter provided, to the State of Utah
Water Quality Board (the "Water Quality Board"), or registered assigns, the Total Principal Sum set
forth in the Certificate of Dates of Payment and Amount attached to this Bond and hereby made a
part hereof, but in any event not more than a maximum principal amount of TEN MILLION FOUR
HUNDRED THOUSAND ($10,400,000.00) DOLLARS, payable in installments on May 1 of each
of the years set forth below:
Maturity Date Principal Interest Total
May 1st Amount Amount Amount
2017 $ 0.00 varies varies
2018 $ 0.00 varies varies
2019 $465,000.00 $119,600.00 $584,600.00
2020 $470,000.00 $114,253.00 $584,253.00
2021 $476,000.00 $108,848.00 $584,848.00
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2022 $481,000.00 $103,374.00 $584,374.00
2023 $487,000.00 $ 97,842.00 $584,842.00
2024 $492,000.00 $ 92,242.00 $584,242.00
2025 $498,000.00 $ 86,584.00 $584,584.00
2026 $504,000.00 $ 80,857.00 $584,857.00
2027 $510,000.00 $ 75,061.00 $585,061.00
2028 $516,000.00 $ 69,196.00 $585,196.00
2029 $522,000.00 $ 63,262.00 $585,262.00
2030 $528,000.00 $ 57,259.00 $585,259.00
2031 $534,000.00 $ 51,187.00 $585,187.00
2032 $540,000.00 $ 45,046.00 $585,046.00
2033 $547,000.00 $ 38,836.00 $585,836.00
2034 $553,000.00 $ 32,545.00 $585,545.00
2035 $559,000.00 $ 26,186.00 $585,186.00
2036 $566,000.00 $ 19,757.00 $585,757.00
2037 $572,000.00 $ 13,248.00 $585,248.00
2038 $580,000.00 $ 6,670.00 $586,670.00
To each installment of principal there shall be added interest, at the rate of One and Fifteen -
Hundredths (1.15%) per cent per annum, accruing from the date of issuance, on the entire balance
remaining due under this Bond. Interest shall be payable on the same day as the due date for a
payment of principal, provided, however, that there shall also be a payment of interest -only on May
1, 2017 and May 1, 2018..
If less than the Maximum Principal Amount is advanced, the principal amount payable on
the due date shall be the total unpaid principal sum set forth in the "Treasurer's Certificate of Dates
of Payment and Amount". The Issuer shall pay the Installment Amounts on each Payment Date
thereafter and liability of Issuer shall continue until the Total Principal Sum, together with accrued
interest, if any, shall be paid in full, irrespective of the initial amount advanced by the Purchaser.
Any installment of principal and/or interest hereof which shall not be paid when due shall
bear interest at the rate of eighteen (18%) per cent per annum from the date of maturity of such
installment until paid. This Bond is payable in lawful money of the United States of America by
check or draft of the Issuer mailed to the State of Utah Water Quality Board, Salt Lake City, Utah,
or its designee, or to such other registered owner hereof, as such registered owner is shown on the
registration books maintained by the Issuer at the close of business on the fifteenth day of the month
next preceding each installment payment date at the address of such registered owner as it appears
on such registration books or to such other address as is furnished in writing by such registered
owner to the Issuer. The registered owner of this Bond, by acceptance hereof, agrees that such
registered owner shall endorse each payment received on the Payment Record attached hereto.
Payments received on this Bond shall be applied first to the payment of interest payable and then to
principal.
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THE ISSUER IS OBLIGATED TO PAY PRINCIPAL OF AND INTEREST, IF
ANY, ON THIS BOND SOLELY FROM THE REVENUES (THE "REVENUES")
DERIVED FROM THE ISSUER'S SEWER AND WASTEWATER SYSTEM
("SYSTEM") AND OTHER FUNDS OF THE ISSUER PLEDGED THEREFOR
UNDER THE TERMS OF THE MASTER RESOLUTION (AS HEREINAFTER
DEFINED). THIS BOND IS NOT A DEBT OF THE ISSUER WITHIN THE
MEANING OF ANY CONSTITUTIONAL OR STATUTORY LIMITATION ON
INDEBTEDNESS. PURSUANT TO THE MASTER RESOLUTION, REVENUES
FROM THE SYSTEM HAVE BEEN PLEDGED AND WILL BE SET ASIDE
INTO SPECIAL FUNDS BY THE ISSUER TO PROVIDE FOR THE PROMPT
PAYMENT OF THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST, IF
ANY, ON THIS BOND.
This Bond is issued in conformity with and after full compliance with the Constitution of the
State of Utah and pursuant to the provisions of the Act (as hereinafter defined) and all other laws
applicable thereto.
This Bond is a special obligation of the Issuer and is the only one of an issue of a total series
of fully -registered Wastewater Revenue Bond, designated as "Wastewater Revenue Bond, Series
2016", in the aggregate principal amount of $10,400,000, dated as of the date set forth below and is
issued under, by virtue of, in full conformity with and after full compliance with the Constitution and
laws of the State of Utah, including particularly the Utah Local Government Bonding Act, Chapter
14 of Title 11, Utah Code Annotated 1953, as amended, the Registered Public Obligations Act,
Chapter 7 of Title 15, Utah Code Annotated,1953, as amended, (collectively the "Act") and a Master
Resolution duly adopted by the City Council of the Issuer (the "Governing Body") on August 20,
2016, authorizing this Bond (the "Master Resolution"), for the purpose of paying all or part of the
cost of construction of wastewater system improvements, including construction of a wastewater
treatment plant, together with all necessary or related work and improvements (the "Project")
including, without limitation, all fees and expenses reasonably incurred in connection therewith and
with the issuance of such bonds as may be properly payable from the proceeds thereof. Principal on
this Bond is payable solely from the revenues, funds and other monies pledged or provided therefor
under the terms of the Master Resolution.
This Bond is dated as of date of delivery and is duly issued under and by virtue of the Act
and under and pursuant to the Master Resolution. A copy of the Master Resolution is on file at the
office of the City Recorder of the Issuer in Moab, Utah, and reference to the Master Resolution and
to the Act is made for a description of the pledge and covenants securing the Series 2016 Bond, the
nature, manner and extent of enforcement of such pledge and covenants, the terms and conditions
upon which the Bond is issued and a statement of the rights, duties, immunities and obligations of
the Issuer. Such pledge and other obligations of the Issuer under the Master Resolution may be
discharged at or prior to the maturity or redemption of the Series 2016 Bond upon the making of
provision for the payment thereof on the terms and conditions set forth in the Master Resolution.
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To the extent and in the respects permitted by the Master Resolution, the Master Resolution
may be modified or amended by action on behalf of the Issuer taken in the manner and subject to the
conditions and exceptions prescribed in the Master Resolution. The holder or owner of this Bond
shall have no right to enforce the provisions of the Master Resolution or to institute action to enforce
the pledge or covenants made therein or to take any action with respect to an event of default under
the Master Resolution or to institute, appear in, or defend any suit or other proceeding with respect
thereto, except as provided in the Master Resolution.
This Bond is transferable, as provided in the Master Resolution, only upon the books of the
Issuer kept for that purpose at the office of the City Recorder of the Issuer by the registered owner
hereof in person or by his attorney duly authorized in writing. The Issuer may treat and consider the
person in whose name this Series 2016 Bond is registered as the holder and absolute owner hereof
for the purpose of receiving payment of, or on account of, the principal or redemption price hereof,
and interest, if any, payable hereon and for all other purposes whatsoever.
Subject to the provisions of the Master Resolution, the Series 2016 Bond is issuable in fully
registered form, without coupons, in a denomination equal to the aggregate principal amount of the
Series 2016 Bond or, upon exchange, in the denomination of $1000 and any integral multiple
thereof.
This Bond is subject to redemption at any time at the option of the Issuer in whole or in part
(if in part, in integral multiples of $1000) in inverse order of the due date of the principal
installments hereon, upon notice given as hereinafter set forth, at a redemption price equal to the
principal amount to be so redeemed, and without premium. The registered owner of this Series 2016
Bond, by acceptance hereof, agrees to endorse each such redemption on the Prepayment Record
attached hereto.
Notice of redemption shall be given by the Issuer by registered mail, not less than 30 days
nor more than 45 days prior to the redemption date, to the registered owner of this Bond, at his
address as it appears on the bond registration books of the Issuer, or at such address as he may have
filed with the Issuer for that purpose. Each notice of redemption shall state the redemption date and
the principal amount to be redeemed.
If notice of redemption shall have been given as aforesaid, the Bond or portions thereof
specified in said notice shall become due and payable at the applicable redemption price on the
redemption date therein designated.
Except as otherwise provided herein and unless the context clearly indicates otherwise, words
and phrases used herein shall have the same meanings as such words and phrases in the Master
Resolution.
In accordance with Section 265 of the 1986 Internal Revenue Code, the Issuer designates this
Bond as an issue qualifying for the exception to the rule denying banks and other financial
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institutions the deduction for interest expenses allocable to tax-exempt interest. The Issuer
reasonably anticipates that the total amount of qualified tax-exempt obligations (other than private
activity bonds as defined in Section 141 of the 1986 Internal Revenue Code) which will be issued
by the Issuer and by any aggregated issuer during the current calendar year will not exceed
$10,000,000. The total amount of obligations designated by the Issuer and all aggregated issuers for
the current calendar year does not exceed $10,000,000.
It is hereby certified and recited that all conditions, acts and things required by the
Constitution or statutes of the State of Utah or by the Act or the Master Resolution to exist, to have
happened or to have been performed precedent to or in the issuance of this Bond exist, have
happened and have been performed and that the issue of the series of Bonds of which this Bond is
a part, together with all other indebtedness of the Issuer, is within every debt and other limit
prescribed by said Constitution and statutes.
This Bond shall not be valid until the Certificate of Authentication hereon shall have been
manually signed by the Issuer.
IN WITNESS WHEREOF, the City of Moab, Grand County, Utah, has caused this Bond to
be signed by its Mayor and attested and countersigned by its City Recorder, and the official seal of
the City of Moab, Grand County, Utah, to be impressed or imprinted hereon, all as of the day
of , 2016.
ATTEST AND COUNTERSIGN:
(DO NOT SIGN -FORM ONLY)
By
City Recorder
(SEAL)
CITY OF MOAB
(DO NOT SIGN -FORM ONLY)
By
Mayor
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Date of Registration
CERTIFICATE OF DATES OF PAYMENT AND AMOUNT
I, the undersigned duly authorized representative of the Utah Water Quality Board, hereby
certify that the Utah Water Quality Board has delivered to the Issuer the amount or amounts
indicated below on the date or dates set forth opposite such amount(s); that the amount last inserted
under the column "Total Principal Sum" is the total amount delivered to the Issuer as principal
indebtedness under this Bond. I further certify that I have received written authorization from the
Issuer to enter said amounts on this certificate.
Amount of Date of Total Principal
Payment Payment Sum
REGISTRATION CERTIFICATE
(No writing to be placed herein except by Bond Registrar.)
Name and Address of
Registered Owner Signature of Registrar
Treasurer's
Signature (SEAL)
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PAYMENT RECORD
I, the undersigned registered owner or authorized officer of the registered owner of the bond
to which this Payment Record is attached (the "Owner"), hereby certify that the Owner has received
from the City of Moab, Grand County, Utah, the amounts indicated below on the dates set forth
opposite such amounts in repayment of the loan of $10,400,000 to the City of Moab, Grand County,
Utah, as referenced by the bond to which this Payment Record is attached, and have placed my
signature in the space provided opposite such amounts to evidence receipt of same.
As long as the State of Utah, Water Quality Board, Salt Lake City, Utah is the registered
owner of the bond to which this Payment Record is attached, the Chairman of said Board or
designee, shall sign below as the owner of such bond.
Name, Title
Remaining and Signature
Principal Unpaid of Owner
Interest Paid or Principal or Authorized
Date Due Amount Paid Prepaid Date Due Balance Officer Thereof
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PREPAYMENT RECORD
I, the undersigned registered owner or authorized officer of the registered owner of the bond
to which this Payment Record is attached (the "Owner"), hereby certify that the Owner has received
from the City of Moab, Grand County, Utah, the amounts indicated below on the dates set forth
opposite such amounts in repayment of the loan of $10,400,000 to the City of Moab, Grand County,
Utah, as referenced by the bond to which this Prepayment Record is attached and have placed my
signature in the space provided opposite such amounts to evidence receipt of same.
As long as the State of Utah, Water Quality Board, is the registered owner of the Bond to
which this Prepayment Record is attached, the Chairman of said Board shall sign below as the owner
of such Bond.
Principal Due
Date
Name, Title and
Signature of Owner
Principal or Authorized
Amount Payment Balance Date Paid Officer Thereof
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FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
Insert Social Security or Other
Identifying Number of Assignee
(Please Print or Typewrite Name and Address of Assignee)
the within Bond of the City of Moab, Grand County, Utah, and does hereby irrevocably constitute
and appoint attorney to register the transfer of said Bond on the
books kept for registration thereof, with full power of substitution in the premises.
Dated: Signature:
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by a member firm of The New York Stock
Exchange or a commercial bank or trust company.
NOTICE: The signature to this assignment must correspond with the name of the registered
owner as it appears upon the face of the within Bond in every particular, without
alteration or enlargement or any change whatever.
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Section 2.07. Exchange of the Series 2016 Bond for Serial Bonds.
(a) It is recognized that the Water Quality Board may sell or otherwise transfer
the Series 2016 Bond pursuant to the provisions of the State Financing Consolidation Act, Title 63,
Chapter 65, Utah Code Annotated, 1953, as amended, or otherwise. The Series 2016 Bond may be
exchanged at the office of the Issuer for a like aggregate principal amount of Serial Bonds in
accordance with the provisions of Section 2.07 hereof. Serial Bonds shall be substantially in the
form set forth in Section 2.07(b) hereof. Each Principal Installment on the Series 2016 Bond not
previously paid or cancelled shall be represented by an equivalent principal amount of Serial Bonds,
in authorized denominations and of like maturity. The Issuer and its officers shall execute and
deliver such documents and perform such acts as may reasonably be required by the Issuer to
accomplish the exchange of the Series 2016 Bond for Serial Bonds and the Issuer shall pay or cause
to be paid all costs and other charges incident to such exchange.
(b) Form of Serial Bond. The Serial Bond shall be in substantially the following
form:
REGISTERED
No. R-
UNITED STATES OF AMERICA
STATE OF UTAH
COUNTY OF GRAND
CITY OF MOAB
WASTEWATER REVENUE BOND, SERIES 2016
REGISTERED
$
[SEE REVERSE INTEREST MATURITY DATED
SIDE FOR RATE DATE DATE
ADDITIONAL
PROVISIONS] 1.15% May 1, , 20_
Registered Owner:
Principal Amount: DOLLARS
KNOW ALL MEN BY THESE PRESENTS that the City of Moab, Grand County, Utah (the
"Issuer"), acknowledges itself indebted and for value received hereby promises to pay, but solely in
the manner and from the revenues and sources hereinafter provided, to the registered owner
identified above, or registered assigns, on the maturity date specified above, upon presentation and
surrender hereof, the principal amount identified above, and in like manner to pay interest thereon
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accruing from , 20 at the Interest Rate specified above (calculated on the
basis of a 360-day year of twelve thirty -day months), payable on May 1 of each year (each an
"Interest Payment Date") commencing 1, 20, except as the provisions hereinafter set forth
with respect to prepayment of this Series 2016 Bond may become applicable hereto. If the principal
amount of this Bond and any installment of interest is not paid when due, said principal and interest
shall bear interest at the rate of eighteen (18%) per annum from said due date until paid. Principal
of and interest on this Bond shall be payable at the office of the registered owner. The principal of
and interest, if any, on this Bond shall be payable in any coin or currency of the United States of
America which, at the respective dates of payment thereof, is legal tender for the payment of public
and private debts. Payments received on this Bond shall be applied first to the payment of interest
payable and then to principal.
THE ISSUER IS OBLIGATED TO PAY PRINCIPAL OF, PREMIUM, IF ANY,
AND INTEREST, IF ANY, ON THIS BOND SOLELY FROM THE REVENUES
(THE "REVENUES") DERIVED FROM THE ISSUER'S SEWER AND
WASTEWATER SYSTEM ("SYSTEM") AND OTHER FUNDS OF THE ISSUER
PLEDGED THEREFOR UNDER THE TERMS OF THE MASTER RESOLUTION
(AS HEREINAFTER DEFINED). THIS BOND IS NOT A DEBT OF THE ISSUER
WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY
LIMITATION ON INDEBTEDNESS. PURSUANT TO THE MASTER
RESOLUTION, REVENUES FROM THE SYSTEM HAVE BEEN PLEDGED
AND WILL BE SET ASIDE INTO SPECIAL FUNDS BY THE ISSUER TO
PROVIDE FOR THE PROMPT PAYMENT OF THE PRINCIPAL OF, PREMIUM,
IF ANY, AND INTEREST, IF ANY, ON THIS BOND AND ALL BONDS OF THE
SERIES OF WHICH IT IS A PART.
This Bond and the issue of Bonds of which it is a part are issued in conformity with and after
full compliance with the Constitution of the State of Utah and pursuant to the provisions of the Act
(as hereinafter defined) and all other laws applicable thereto.
THE TERMS AND PROVISIONS OF THIS BOND ARE CONTINUED ON THE
REVERSE SIDE OR AT THE END HEREOF AND SUCH CONTINUED TERMS AND
PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS THOUGH FULLY
SET FORTH AT THIS PLACE.
It is hereby certified and recited that all conditions, acts and things required by the
Constitution or statutes of the State of Utah or by the Act or the Master Resolution to exist, to have
happened or to have been performed precedent to or in the issuance of this Bond exist, have
happened and have been performed and that the issue of the series of Bonds of which this Bond is
a part, together with all other indebtedness of the Issuer, is within every debt and other limit
prescribed by said Constitution and statutes.
Agenda
This Bond shall not be valid until the Certificate of Authentication hereon shall have been
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manually signed by the Issuer.
IN WITNESS WHEREOF, the City of Moab, Grand County, Utah, has caused this Bond to
be signed in its name and on its behalf by its Mayor and [a facsimile of] its corporate seal to be
[imprinted] [impressed] hereon and attested and countersigned by its City Recorder [(the signatures
of said Mayor and City Recorder being by facsimile), and said officials by the execution hereof do
adopt as for their own proper signatures their facsimile signatures appearing on each of the Bonds],
all as of the Issue Date specified above.
CITY OF MOAB
(FORM ONLY -DO NOT SIGN)
By
ATTEST AND COUNTERSIGN: Mayor
(FORM ONLY -DO NOT SIGN)
By
City Recorder
(SEAL)
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds described in the within mentioned Master Resolution and is
one of the Wastewater Revenue Bond, Series 2016, of the City of Moab, Grand County, Utah.
Date of Registration and Authentication:
Bond Registrar and Paying Agent:
City of Moab
CITY OF MOAB
as Bond Registrar
By
City Recorder
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[FORM OF REVERSE SIDE OF OR TO BE APPENDED TO THE BONDS]
This Bond is a special obligation of the Issuer and is one of an issue of a total series of fully -
registered Wastewater Revenue Bonds, designated as "Wastewater Revenue Bonds, Series 2016,"
in the aggregate principal amount of $ dated as of the date set forth below, issued under,
by virtue of, in full conformity with and after full compliance with the Constitution and laws of the
State of Utah, including particularly the Utah Local Government Bonding Act, Chapter 14 of Title
11, Utah Code Annotated 1953, as amended, the Registered Public Obligations Act, Chapter 7 of
Title 15, Utah Code Annotated 1953, as amended, and a Master Resolution duly adopted by the City
Council of the Issuer (the "Governing Body") on August 20, 2016, authorizing this Bond (the
"Master Resolution"), for the purpose of paying all or part of the cost of construction of wastewater
system improvements, including construction of a wastewater treatment plant, together with all
necessary or related work and improvements (the 'Project") including, without limitation, all fees
and expenses reasonably incurred in connection therewith and with the issuance of such bonds as
may be properly payable from the proceeds thereof. Principal of, premium, if any, and interest, if
any, on this Bond is payable solely from the revenues, funds and other monies pledged or provided
therefor under the terms of the Master Resolution.
To the extent and in the respects permitted by the Master Resolution, the Master Resolution
may be modified or amended by action on behalf of the Issuer taken in the manner and subject to the
conditions and exceptions prescribed in the Master Resolution. The holder or owner of this Bond
shall have no right to enforce the provisions of the Master Resolution or to institute action to enforce
the pledge or covenants made therein or to take any action with respect to an event of default under
the Master Resolution or to institute, appear in, or defend any suit or other proceeding with respect
thereto, except as provided in the Master Resolution.
The Bonds are dated as of , 2016 and are duly issued under and by virtue
of the Act and under and pursuant to the Master Resolution. A copy of the Master Resolution is on
file at the office of the City Recorder of the Issuer in Moab, Utah, and reference to the Master
Resolution and to the Act is made for a description of the pledge and covenants securing the Bonds,
the nature, manner and extent of enforcement of such pledge and covenants, the terms and conditions
upon which the Bonds are issued and a statement of the rights, duties, immunities and obligations
of the Issuer. Such pledge and other obligations of the Issuer under the Master Resolution may be
discharged at or prior to the maturity or redemption of the Bonds upon the making of provision for
the payment thereof on the terms and conditions set forth in the Master Resolution.
This Bond is transferrable, as provided in the Master Resolution, only upon the books of the
Issuer kept for that purpose at the office of the City Recorder of the Issuer, by the registered owner
hereof in person or by his attorney duly authorized in writing, upon surrender hereof together with
a written instrument of transfer in a form approved by the Issuer, duly executed by the registered
owner or his duly authorized attorney, and thereupon the Issuer shall issue in the name of the
transferee a new registered Bond or Bonds of the same aggregate principal amount, series
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designation and maturity as the surrendered Bond, all as provided in the Master Resolution and upon
the payment of the charges therein prescribed. The Issuer, the Trustee, and any paying agent may
treat and consider the person in whose name this Bond is registered as the holder and absolute owner
hereof for the purpose of receiving payment of, or on account of, the principal or redemption price
hereof, and interest, if any, payable hereon and for all other purposes whatsoever.
Subject to the provisions of the Master Resolution, the Bonds are issuable in fully registered
form, without coupons, in the denomination of $1000 and any integral multiple thereof.
The Bonds are subject to redemption at any time at the option of the Issuer in whole or in part
(if in part, in integral multiples of $1000) in inverse order of maturity upon notice given as
hereinafter set forth, at a redemption price equal to the principal amount of each Bond or portion
thereof to be so redeemed, and without premium.
If less than all of the Bonds of any maturity are to be redeemed, the particular Bonds to be
redeemed shall be selected as provided in the Master Resolution; provided, however, that subject to
other applicable provisions of the Master Resolution, the portion of any Bond to be redeemed shall
be in a principal amount equal to a denomination in which the Bond was authorized to be issued, and
that in selecting Bonds for redemption, the Issuer shall treat each Bond as representing that number
of Bonds which is obtained by dividing the principal amount of such Bond by $1000. If part but not
all of a Bond in a denomination in excess of $1000 is to be redeemed, the registered owner thereof
shall present and surrender such Bond to the Issuer, and the Issuer shall execute and authenticate and
deliver to the registered owner thereof, without charge therefor, a Bond or Bonds of the same
maturity for unredeemed balance of the principal amount of such Bond, all as more fully set forth
in the Master Resolution.
Notice of redemption shall be given by the Issuer by registered mail, not less than 30 days
nor more than 45 days prior to the redemption date, to the registered owner of this Bond, at his
address as it appears on the bond registration books of the Issuer, or at such address as he may have
filed with the Issuer for that purpose. Each notice of redemption shall state the redemption date and
the principal amount and, if less than all of the Bonds are to be redeemed, the distinctive numbers
of the Bonds to be redeemed.
If notice of redemption shall have been given as aforesaid, the Bonds or portions thereof
specified in said notice shall become due and payable at the applicable redemption price on the
redemption date therein designated.
Except as otherwise provided herein and unless the context clearly indicates otherwise, words
and phrases used herein shall have the same meanings as such words and phrases in the Master
Resolution.
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[FORM OF ASSIGNMENT]
The following abbreviations, when used in the inscription on the face of the within Bond,
shall be construed as though they were written out in full according to applicable laws or regulations.
TEN COM- as tenants in common
TEN ENT- as tenants by the entireties
JT TEN- as joint tenants with right of survivorship and not as tenants in common
UNIF GIFT MIN ACT- Custodian
(Cust) (Minor)
Under Uniform Gifts to Minors Act
(State)
Additional abbreviations may also be used though not in the list above.
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
Insert Social Security or Other
Identifying Number of Assignee
(Please Print or Typewrite Name and Address of Assignee)
the within Bond of the City of Moab, Grand County, Utah and does hereby irrevocably constitute
and appoint attorney to register the transfer of said Bond on the books kept for
registration thereof, with full power of substitution in the premises.
Dated: Signature:
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by a member firm of The New York Stock
Exchange or a commercial bank or trust company.
NOTICE: The signature to this assignment must correspond with the name of the registered
owner as it appears upon the face of the within Bond in every particular, without
alteration or enlargement or any change whatever.
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Section 2.08. Provisions for the registration of the Series 2016 Bond shall be pursuant to
Section 3.01 hereof.
ARTICLE III
SALE OF BONDS; CONSTRUCTION FUND; SYSTEM OF REGISTRATION
Section 3.01 Sale of Bonds; Construction Fund.
(a) The sale of the Bond to the Water Quality Board at a price equal to the Issue
Amount is hereby approved, ratified and confirmed. The Bond shall be delivered to the Water
Quality Board as soon as may be conveniently done hereafter. The purchase price for the Bond will
be deposited with the Escrow Agent, to be held by the Escrow Agent in accordance with the
provisions of this Master Resolution and the Escrow Agreement.
(b) Proceeds of the sale of the Bond shall be paid into and disbursed from a special
fund held by the Escrow Agent in the Escrow Account heretofore established and confirmed and to
be known as the Construction Fund. Money in the Construction Fund shall be held, used and paid
out solely for the purpose set out in Section 2.01 hereof or to prepay the Bond as hereinafter
provided, pursuant to the provisions of the Constitution and laws of the State of Utah and the
provisions of the Escrow Agreement, which provisions shall include a requirement that each
disbursement of monies from the Construction Fund shall be made only upon the written
authorization of the State and the Issuer in the manner provided in the Escrow Agreement. Monies
held in the Construction Fund shall be invested as provided in the Escrow Agreement.
(c) Upon completion of the Project, the Issuer shall immediately notify the Water
Quality Board in writing of such completion and shall immediately transfer, or cause the Escrow
Agent to immediately transfer, in the manner set forth in the Escrow Agreement, any funds
remaining in the Construction Fund to the Bond Fund. Such funds shall be used to the fullest extent
possible and as soon as possible hereunder, to prepay principal installments on the Bond in the
manner set forth in this Master Resolution by applying such amounts against principal installments
in inverse order of maturity.
(d) Any unexpended bond proceeds remaining in said Escrow Account after
completion of the Project shall be paid immediately into the "City of Moab, Grand County, Utah,
2016 Bond Wastewater Revenue Fund" hereafter described. The said unexpended proceeds shall
be used only for the prepayment of amounts of principal due or to become due on the Bonds in
inverse order of maturities or for redemption of any Serial Bonds at a price (exclusive of accrued
interest) not exceeding the face amount thereof and as provided in the Escrow Agreement.
Agenda
Section 3.02. Registration and Exchange of Bonds.
(a) This Article shall constitute a system of registration within the meaning and for
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the purpose of Chapter 7 of Title 15, Utah Code Annotated, 1953, as amended. The Issuer shall
cause books for the registration and for the transfer of any Bond to be kept at the office of its City
Recorder.
(b) Upon surrender for transfer of a Bond at the office of the Issuer, duly endorsed
by, or accompanied by a written instrument or instruments of transfer in form satisfactory to the
Issuer and duly executed by the registered owner or his attorney duly authorized in writing, the City
Recorder or other duly authorized official of the Issuer shall note the name of the transferee or
transferees and the date of the transfer in the place provided on the back of a Bond and shall affix
his or her official signature thereon. The City Recorder shall thereupon deliver a Bond to the
transferee and shall enter in the registration books of the Issuer the name and address of the
transferee.
(c) The Issuer shall not be required to transfer a Bond during the period from the
fifteenth day of the month next proceeding any Payment Date on a Bond to and including such
Payment Date, nor to transfer a Bond during a period of 15 days next preceding mailing of a notice
of prepayment of any installment, or portion thereof, on a Bond.
(d) The person in whose name a Bond shall be registered shall be deemed and
regarded as the absolute owner thereof for all purposes and the Issuer shall not be affected by any
notice to the contrary. Payment of the principal of, and interest, if any, on a Bond shall be made only
to or upon the order of the registered owner thereof or his legal representative. All such payments
shall be valid and effectual to satisfy and discharge the liability upon a Bond to the extent of the sum
or sums so paid.
(e) No service charge shall be made by the Issuer for any transfer of any Bond but
the Issuer may require payment of a sum sufficient to cover any tax or other governmental charge
that may be imposed in connection with any transfer of a Bond.
(f) Prior to making any transfer of any Bond as provided in this Section, the City
Recorder shall verify that the payment record and prepayment record attached to a Bond have been
accurately completed as of the date of such transfer and, if necessary, conform such payment record
and prepayment record to accurately reflect all payments of principal on a Bond, based on the records
and information with respect to such Bond maintained by the Issuer and the registered owner
surrendering such Bond.
Section 3.03. Mutilated, Lost, Destroyed or Stolen Bonds. If a Bond shall become mutilated,
the Issuer, at the expense of the registered owner thereof, shall execute and deliver a new Bond of
like tenor in exchange for the Bond so mutilated, but only upon surrender to the Treasurer of the
Bond so mutilated, which Bond shall thereupon be cancelled by the Issuer. If a Bond shall be lost,
destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Issuer and
if such evidence be satisfactory and given, the Issuer, at the expense of the registered owner thereof,
shall execute and deliver a new Bond of like tenor in lieu of and in substitution for the Bond so lost,
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destroyed or stolen (or if the entire principal amount of the Bond shall have matured or shall be about
to mature, instead of issuing a substitute Bond, the Issuer may pay the same without surrender
thereof). Any Bond issued under the provisions of this Section in lieu of a Bond alleged to be lost,
destroyed or stolen shall constitute an additional contractual obligation of the Issuer and shall be
equally and proportionately entitled to the benefits of this Master Resolution. The Issuer shall not
be required to treat both the original Bond and the duplicate Bond as being Outstanding for the
purpose of determining the principal amount of the Bond and Parity Bonds which may be issued
under this Master Resolution or for the purpose of determining any percentage of the Bond or Parity
Bonds Outstanding under this Master Resolution, but both the original and duplicate Bond shall be
conformed by the City Recorder to accurately reflect all payments of principal on the lost, destroyed
or stolen Bond, based on the records and information with respect to such lost, destroyed or stolen
Bond maintained by the Issuer and the registered owner of the Bond.
ARTICLE IV
FLOW OF FUNDS
Section 4.01. Pledge Effected by the Master Resolution.
(a) The Series 2016 Bond is a special obligation of the Issuer payable from and
secured by the Revenues and on a par with the Prior Lien Bond, the lien thereof on the Revenues and
the Resolutions authorizing the Prior Lien Bond. There is hereby pledged for the payment of the
principal of, prepayment premium, if any, and interest, if any, on the Bonds in accordance with their
terms and the provisions of this Master Resolution, subject only to the provisions of this Master
Resolution permitting the application thereof for the purposes and on the terms and conditions set
forth in this Master Resolution, (i) the proceeds of sale of the Bonds, (ii) the Revenues, and (iii) all
funds established hereunder, including the investments, if any, thereof.
(b) In no event shall the Bond be deemed or construed to be a general indebtedness
of the Issuer or payable from any funds of the Issuer other than those derived from the operation of
the System.
Section 4.02. Establishment of Funds. The following funds are hereby established and
confirmed:
(1) Construction Fund, to be held by the Escrow Agent;
(2) Revenue Fund, to be held by the Issuer;
(3) Bond Fund, to be held by the Issuer;
(4) Reserve Fund, to be held by the Issuer; and
(5) Emergency Repair and Replacement Fund, to be held by the Issuer.
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Section 4.03. Revenue Fund.
(a) There shall be deposited into the Revenue Fund, as received, the Revenues of the
System. The Revenue Fund shall be deposited with the Depository and the monies credited to said
Revenue Fund shall be expended only in the manner herein specified.
(b) Expenses of Maintenance and Operation shall be paid by the Issuer from time to
time as they become due and payable and shall be a first charge on the Revenue Fund.
Section 4.04. Flow of Funds.
(a) After payment of Expenses of Maintenance and Operation then due the Issuer
shall transfer, or cause the Depository to transfer, to the extent of monies available in the Revenue
Fund, to the following funds in the following order the amounts set forth below:
(1) In the Bond Fund, in each month so long as the Bond is outstanding, (i) one -
twelfth of the sum of the amount of principal, and interest, if any, falling due on the Series
2016 Bonds, plus (ii) all required payments on the Prior Lien Bond.
(2) In the Reserve Fund, (i) on a monthly or annual basis such amounts as required
to satisfy the Reserve Fund Requirement with respect to each of the Prior Lien Bonds, and
(ii) a sum equal to the Reserve Fund Installment so as to cause to be on deposit in the
Reserve Fund an amount equal to the Reserve Fund Requirement not later than 72 months
following the commencement of such monthly transfers.
If monies shall ever be paid out of the Reserve Fund, monies shall be deposited, in
addition to other deposits required by this paragraph (2), into the Reserve Fund from
available Revenues (after making all other payments of Expenses of Maintenance and
Operation and deposits into the Bond Fund heretofore provided in this Section) to the extent
necessary to cause the amount paid out to be replaced; and
(3) With respect to the Series 2016 Bond, the sum of $4,063 each month shall be
deposited into the Emergency Repair and Replacement Fund created herein, beginning the
month next following the month in which the Bond is issued hereunder until a total of
$292,531 is accumulated but not later than 72 months following the commencement of such
monthly transfers; provided, however, that if monies shall ever be paid out of a given
Emergency Repair and Replacement Fund, monies shall be deposited, in addition to other
deposits required by this paragraph (3), into the Emergency Repair and Replacement Fund
from available Revenues (after making all other payments of Expenses of Maintenance and
Operation and deposits into the Emergency Repair and Replacement Fund heretofore
provided in this Section) to the extent necessary to cause the amount paid out to be replaced.
If available Revenues in the Revenue Fund (after payment of Expenses of Maintenance and
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Agenda
Operation and deposits into the Bond Fund) are not sufficient to allow the deposit of the full amount
of the applicable Reserve Fund Installments to the Reserve Fund created herein, the Reserve Fund
for the Prior Lien Bond as set forth above, then those available revenues shall be allocated among
the Reserve Funds on a pro rata basis, based upon the relative Reserve Fund Installments for each
such Reserve Fund. In addition, if amounts are subsequently withdrawn from the Reserve Fund as
provided in Section 4.06, the Issuer shall thereafter make deposits from first available Revenues to
the Reserve Fund created herein, the Reserve Funds created under the resolution authorizing the
Prior Lien Bond, in such amounts as is necessary to restore the amounts withdrawn; provided,
however, that such deposits shall be made on a pro rata basis among said Reserve Funds until the
amounts withdrawn have been fully restored.
(b) Amounts remaining in the Revenue Fund on the final day of each month in each
year after payment of the amounts required by paragraphs (1) through (3) subsection (a) of this
Section and not required to meet Expenses of Maintenance and Operation or used for remedying any
deficiencies in the payments previously made to the funds herein established, may be used, at the
option of the Issuer and to the extent permitted by law, (1) to purchase or prepay any Bond in
accordance with the provisions hereof governing prepayment of the Bond authorized hereunder in
advance of maturity or, in the case of Future Parity Bonds, in accordance with the provisions of the
resolution authorizing such Future Parity Bonds governing prepayment of such Future Parity Bonds
in advance of maturity, including payment of expenses in connection with such purchase or
prepayment; (2) to pay the principal, or prepayment price of and interest on any bonds, including
general obligation or junior lien revenue bonds of the Issuer issued to acquire, construct, improve
or extend the System; (3) to pay the costs of capital improvements to the System; and (4) for any
other lawful purpose, including, without limitation, payment of other obligations of the Issuer.
Section 4.05. Bond Fund. Monies in the Bond Fund shall be used for the purpose of paying
principal, prepayment premium, if any, and any applicable interest when due on the Bond. The Bond
Fund shall be kept on deposit with the Depository.
Section 4.06. Reserve Fund. In the event that the money on deposit in the Bond Fund on the
final day of any month is less than the amount required to be in such Bond Fund pursuant to Section
4.04(a)(1) hereof, then the Issuer shall cause any funds on deposit in the respective Reserve Fund
to be immediately transferred by the Depository to such corresponding Bond Fund in the amount
required to eliminate the deficiency in such Bond Fund(s). The Reserve Fund shall be kept on
deposit with the Depository.
Section 4.07. Emergency Repair and Replacement Fund. (a) The amounts in the Emergency
Repair and Replacement Fund shall, from time to time, be applied upon the written request of the
Issuer, to the payment of (i) extraordinary operation and maintenance costs, (ii) contingencies,
including the prevention or correction of any unusual loss or damage to the System to the extent not
covered by the proceeds of insurance or other monies recoverable as a result thereof, or (iii)
construction, including extensions, repairs or replacements to the System as shall be necessary,
proper or convenient to insure the continued and efficient operation thereof and/or the capacity of
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the system to earn Revenues.
(b) If on the final day of any month the amount required to be in the Bond Fund shall
be less than the amount required to be on deposit therein pursuant to Section 4.04(a)(1) hereof and
there shall not be on deposit in the Reserve Funds sufficient monies to cure such deficiency, the
Issuer shall transfer from the Emergency Repair and Replacement Fund the amount necessary (or
all the monies in the Emergency Repair and Replacement Fund, if less than the amount necessary)
to make up such deficiency.
(c) Upon payment in full of the Bond, or when funds are available to pay in full all
Outstanding Bonds as provided in Section 4.09 hereof, any amount remaining in the Emergency
Repair and Replacement Fund may be withdrawn by the Issuer and used for any lawful purpose of
the Issuer.
Section 4.08. Investment of Funds. All money maintained on deposit with the Depository
shall be held as special and not as general deposits, the beneficial interest in which shall be in the
registered owners from time to time of the Bond. All money so maintained on deposit with the
Depository shall be secured to the fullest extent required or permitted by the laws of the State of
Utah pertaining to the securing of public deposits. All or part of the money in the Bond Fund and
in the Reserve Fund shall be invested by the Depository, at the direction of the Issuer, in Permitted
Investments, but any such investments so made shall always be such that the obligations mature or
become optional for redemption in amounts and at times so as to assure the availability of the
proceeds thereof when needed for the purpose for which such funds were created. Interest received
on all such investments permitted hereunder shall be deposited in the Revenue Fund, except that at
any time less than the required amount is on deposit in either the Bond Fund or the Reserve Fund,
then interest attributable to such fund, respectively, shall be deposited into such fund. Whenever any
money so invested from the Bond Fund or the Reserve Fund is needed for the purpose for which
such fund was created, such investments, to the amount necessary, shall be liquidated by the
Depository at the direction of the Issuer, and the proceeds thereof applied to the required purpose.
Section 4.09. Use of Funds When Reserves Sufficient to Pay Outstanding Bonds. Provided
all principal and interest on the Prior Lien Bond have been paid in full and whenever there is
sufficient available money in the Bond Fund and in the Reserve Fund to pay in full all principal and
interest under this Bond and all Bonds in accordance with their terms and the terms of this Master
Resolution or, in the case of Future Parity Bonds, the resolution authorizing the issuance of such
Future Parity Bonds, the money in such funds shall be used for such purpose and no other purpose
but no additional payments need to be made into either fund unless necessary to replace monies lost
or otherwise dissipated therefrom. If all payments of principal and interest under the Bond
authorized by this Master Resolution are fully paid before the Prior Lien Bond are fully paid, all
payments required under the Master Resolution authorizing the Prior Lien Bond shall be paid into
the Bond and Reserve Funds until the Prior Lien Bond are satisfied in full or defeased.
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ARTICLE V
COVENANTS AND UNDERTAKINGS
Section 5.01. Punctual Payment. The Issuer will punctually pay or cause to be paid the
principal, the prepayment premium, if any, and any applicable interest when due on the Series 2016
Bond and the Prior Lien Bond, in strict conformity with the terms of the Series 2016 Bond and the
Prior Lien Bond and of this Master Resolution or, in the case of Future Parity Bonds, the resolution
authorizing the issuance of such Future Parity Bonds, according to the true intent and meaning
thereof. The Issuer agrees that there shall be no grace period as to the date of any payment required
to be made pursuant to the terms of the Bond and of this Master Resolution or, in the case of Future
Parity Bonds, the resolution authorizing the issuance of such Future Parity Bonds.
Section 5.02. Operation and Maintenance. The Issuer will cause the System to be operated
continuously for the furnishing of System services to the inhabitants of the Issuer, to the extent
practicable under conditions as they may from time to time exist, in an efficient and economical
manner, and will at all times cause to be maintained, preserved and kept, the System, including all
parts thereof and appurtenances thereto, in good repair, working order and condition, and in such
manner that the operating efficiency thereof will be of high character. The Issuer will from time to
time cause to be made all necessary and proper repairs and replacements so that the rights and
security of the registered owners of the Bond may be fully protected and preserved, and will
faithfully and punctually perform all duties with reference to the System required by the Constitution
and laws of the State of Utah, including the making and collecting of sufficient rates, fees and
charges as appropriate, for all services supplied by the System and the segregation and application
of the Revenues of the System in the manner provided in this Master Resolution.
Section 5.03. Compliance with Contracts and Agreements; Maintenance of Revenues.
(a) The Issuer will comply with all terms, covenants and provisions, express or
implied, of all contracts and agreements entered into by it for System use and services and all other
contracts or agreements affecting or involving the System or the business of the Issuer with respect
thereto, and will fix and collect rates, fees and charges, as appropriate for all services supplied by
the System fully sufficient, after making due allowance for delinquencies in collection, to provide
for the payment of the Expenses of Maintenance and Operation, to provide for the payment of all
obligations payable from the Revenues of the System, including the Bond, as and when the same
become due and payable, and to establish the Bond Fund and the Reserve Fund and to make the
deposits into the Bond Fund and the Reserve Fund as hereinabove required.
(b) In order to assure full and continuous performance of the covenants contained
by sub -section (a) of this Section with a margin for contingencies and temporary unanticipated
reduction in Revenues, the Issuer hereby covenants and agrees that it will, at all times while the Bond
shall be outstanding, continue in effect and establish, fix, prescribe and collect rates and charges for
the sale or use of System services furnished by the Issuer which, together with any other income, are
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reasonably expected to yield Net Revenues equal to at least 1.25 times the aggregate annual debt
service on the Bond Outstanding for the forthcoming year and any Prior Lien Bond.
(c) If at any time the Revenues arising from such rates, fees and charges, as
appropriate, shall not be sufficient to make all such payments promptly as herein required, the Issuer
shall revise the rates, fees and charges, as appropriate, to the users of System services so that such
deficiency will be remedied before the end of the next ensuing Year. If the Issuer shall fail to revise
such charges as herein required, the registered owners of not less than ten percent (10%) in aggregate
principal amount of the Outstanding Bond, whether or not the Bond shall then be in default, shall
have authority, to the extent permitted by law, to bring an appropriate action in any court of
competent jurisdiction to compel the Governing Body to carry out the provisions of this Section.
Section 5.04. Delinquencies; Single Billing.
(a) If any delinquent charge for System services, with applicable penalty and interest,
is not paid in full within 60 days from the date on which the charge has become delinquent, the
Issuer will, when appropriate and necessary to effect collection, cause all System services to be
discontinued to the delinquent customers or premises, or forbid further use of such services by such
customers or premises, to the extent permitted by law, until such delinquency, with penalties and
interest has been paid in full. The Issuer further agrees in addition to the foregoing that it will do all
things and exercise all remedies legally available to assure the prompt payment of all charges made
for System services.
(b) The Issuer further covenants and agrees, to the extent permitted by law, that the
Issuer will bill each customer receiving System services in a single bill, will refuse to accept payment
for any of such services unless payment for the other services is also made, and if payment for any
of such services is permitted to become delinquent and remain so for a period of 60 days, will treat
such delinquency as provided in subsection (a) of this Section.
(c) If any customer or user of System services shall become delinquent for more than
six months in the payment of his charges for such services, the Issuer agrees that, in addition to all
of the remedies for which provision is made in this Master Resolution, the Issuer will proceed
immediately, and it is hereby authorized to proceed, with a suit at law or in equity against such
customer or user to recover the amount of any such delinquent charges, together with penalties and
interest to the extent permitted by law.
Section 5.05. Consideration Required for Services. The Issuer will not permit System
services to be supplied to any person, firm or corporation, public or private, or to any public agency
or instrumentality including the Issuer without due consideration to be received in exchange therefor.
Agenda
Section 5.06. Observance of Laws and Regulations; Permits, Licenses and Claims.
(a) The Issuer will well and truly keep, observe and perform all valid and lawful
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obligations or orders or regulations now and hereafter imposed on it by contract, or prescribed by
any law of the United States of America or of the State of Utah, or by any officer, board or
commission having jurisdiction or control over the Issuer or the System or both, as a condition of
the continued enjoyment of any and every right, privilege or franchise now owned or hereafter
acquired by the Issuer, including its right to exist and carry on business, to the end that such rights,
privileges and franchises shall be maintained and preserved, and shall not become abandoned,
forfeited or in any manner impaired; provided, however, that the Issuer shall not be required to
comply with any such orders so long as the validity or application thereof shall be contested in good
faith.
(b) The Issuer shall at all times undertake reasonable efforts to perfect, and protect
and maintain rights of any kind, all purchase contracts of any kind, and all permits, licenses and
claims, necessary for the operation of the System.
Section 5.07 Payment of Taxes and Claims. The Issuer will, from time to time, duly pay and
discharge, or cause to be paid and discharged, any taxes, assessments or other governmental charges
lawfully imposed upon any of the properties of the System or upon the Revenues when the same
shall become due, and will duly observe and conform to all valid requirements of any governmental
authority relative to any such properties. The Issuer will keep the System and all parts thereof free
from judgments, mechanics' and materialmen's liens (other than those arising by mere operation of
law from the construction of the Project and other improvements to the System which are promptly
discharged in due course) and free from all other liens, claims, demands and encumbrances of
whatsoever prior nature or character, to the end that the priority of the lien of this Master Resolution
on the Revenues may at all times be maintained and preserved, and free from any claim or liability
which might embarrass or hamper the Issuer in conducting its business.
Section 5.08. Accounts and Reports. The Issuer will maintain and keep proper books of
record and accounts separate and apart from all other records and accounts of the Issuer, in which
there shall be made full and correct entries of all transactions relating to the System and the
Revenues. Not later than 90 days after the close of each fiscal year, the Issuer will cause an audit
of such books and accounts to be made by an independent public accountant, or state auditing
official, if appropriate, showing the receipts of and disbursements made for the account of the
System. Each such audit, in addition to whatever matter may be thought proper by the accountant
to be included therein, shall include the following:
year;
(1) A statement in detail of the income and expenditures of the System for such fiscal
(2) A balance sheet as of the end of such fiscal year;
(3) The accountant's comments regarding the manner in which the Issuer has carried
out the requirements of this Master Resolution, and the accountant's recommendations for
any change or improvements in the operation of the System;
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(4) A list of the insurance policies and fidelity bonds in force at the end of such fiscal
year, setting out as to each policy and bond that amount of the policy, the risks covered, the
name of the insurer and the expiration date;
(5) The number and type or class, if applicable, of customers of the System, and the
number of connections, if applicable, to the System;
(6) The amount of money in each of the funds created in Article IV hereof at the end
of such fiscal year and the amount of money paid into and expended from each of said funds
during such fiscal year;
(7) To the extent applicable, a statement of all schedules of rates in effect at the close
of the fiscal year and the aggregate dollar amount billed for the System services during such
fiscal year and the Revenues received from charges for System services by types or classes
of customers, if applicable;
(8) A list of the official titles of the Executive Officer, the City Recorder,
Treasurer and members of the Governing Body, and the name of each person
occupying said positions; and
(9) A general statement concerning any events or circumstances which might affect
the financial status of the System.
All expenses incurred in the making of the audits required herein shall be regarded and paid
as Expense of Maintenance and Operation. The Issuer further agrees to furnish a copy of each such
audit to the Water Quality Board so long as it is the registered owner of the Bond and to any
subsequent registered owner of the Bond who shall request the same in writing. Any registered
owner of the Bond shall have the right to discuss with the accountant making the audit the contents
of the audit and to ask for such additional information as he may reasonably require in connection
with such audit. The Issuer agrees that said books of record and account herein referenced, and any
and all other books, records and accounts of the Issuer relating to the System, shall at all reasonable
times be open to inspection by any registered owner of the Bond or their representatives duly
authorized in writing, during normal business hours.
Section 5.09. Insurance and Fidelity Bonds.
(a) The Issuer agrees to procure and maintain, or cause to be procured and
maintained, insurance on the System and public liability insurance in such amounts and against such
risks as are usually insurable in connection with similar systems and as is usually carried by
municipalities operating similar systems.
(b) The Issuer further agrees to procure and maintain, or cause to be procured and
maintained, adequate fidelity insurance or bonds on the positions of Executive Officer, City
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Recorder, Treasurer and on any other person or persons handling or responsible for funds of the
Issuer related to the System.
(c) The provisions of this Section relating to the procurement and maintenance of
insurance are subject to the condition that insurance of the type described herein is obtainable at
reasonable rates and upon reasonable terms and conditions.
Section 5.10. Against Sale or Other Disposition of System Property Except Under
Conditions. The Issuer will not sell, lease, encumber, alienate or in any manner dispose of the
System or any substantial part thereof until the Bond has been paid in full; provided, however, that
nothing herein contained shall be construed to prevent disposal by the Issuer, upon prior written
notice to the registered owners of the Bond, of property which it deems has become inexpedient to
use in connection with the System, when other property of equal value is substituted therefor.
Section 5.11. Against Competition with System Services. The Issuer, so far as it legally may,
covenants and agrees that it will not operate or grant a franchise for the operation of any system
competing with the System within the boundaries of the Issuer as long as the Bond is Outstanding.
Section 5.12. Future Parity Bonds.
(a) The Issuer will issue no other bonds or obligations of any kind or nature payable
from or enjoying a lien on the Revenues, unless such other bonds or obligations are made
subordinate to the Bonds herein authorized; provided that at any time Future Parity Bonds may be
authorized by resolution of the Governing Body if all the following conditions are met:
(1) The Issuer is in full compliance with all of the covenants and undertakings in
connection with all Bonds of the Issuer then Outstanding and the Prior Lien Bond then
Outstanding and payable from the Revenues of the System;
(2) The issuance of the Future Parity Bonds shall, but only to the extent required by
law, have been duly authorized at an election held pursuant to applicable law;
(3) The Annual Net Revenues of the System for the 12 consecutive months ending
with the calendar month next preceding the adoption by the Governing Body of the
resolution authorizing the issuance and confirming the sale of the Future Parity Bonds, as
shown by an audit rendered by an independent public accountant employed by the Issuer,
when added to the estimated amount of the increase in such Annual Net Revenues for the
first full twelve-month period in which the improvements, extensions, additions or
betterments to the System to be acquired with the proceeds of the Future Parity Bonds will
be in operation (such estimated amount to be evidenced (i) by a certificate of an independent
consulting engineer approved by the Governing Body of recognized skill and experience in
the field of engineering matters related to the construction and maintenance of systems
similar to the System), are equal to at least 1.25 times the maximum annual debt service on
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(i) all Bonds (including any previously issued Future Parity Bonds) then outstanding plus (ii)
the Future Parity Bonds then proposed to be issued, plus (iii) the Prior Lien Bond;
(4) If the Future Parity Bonds are to be issued solely for the purpose of refunding a
portion of the Bonds then outstanding then, for the purpose of making the calculation
required under the foregoing paragraph, the maximum annual debt service on the
Outstanding Bonds in any future Year shall take into consideration only Bonds that will
remain outstanding after the issuance of such Future Parity Bonds, provided that if before the
issuance and delivery of such Future Parity Bonds all of the Bonds theretofore issued will
have been retired, nothing herein contained shall limit or restrict the issuance of any such
Future Parity Bonds;
(5) Future Parity Bonds may be issued only for the purpose of acquiring,
constructing, improving or extending the System, or for the purpose of refunding any
outstanding Bonds, or for any combination of such purposes;
(6) The resolution authorizing the issuance of such Future Parity Bonds shall provide
that the last maturity date of the Future Parity Bonds shall not be earlier than the last maturity
date of any Bonds theretofore issued and then outstanding and shall provide for fixed serial
maturities or mandatory minimum bond fund payments, of any combination thereof, in such
amounts as will be sufficient to provide for the payment or retirement of all such Future
Parity Bonds on or before their respective maturity dates; and
(7) The payments required to be made into the various funds provided in Article IV
hereof must be current at the time of the issuance of such Future Parity Bonds.
(b) A certificate evidencing compliance with the foregoing requirements of this
Section signed by the Executive Officer and attested and countersigned by the City Recorder shall
be delivered to the initial bondholders and to any other registered owners of the Bonds requesting
a copy thereof, prior to the issuance of any Future Parity Bonds.
Section 5.13. Rights and Remedies of Bondholders.
(a) The registered owner of any outstanding Bonds from time to time shall be
permitted the exercise of all rights and powers to which such registered owner is entitled under the
Constitution and laws of the State of Utah.
(b) In addition to all other rights afforded by the Constitution and laws of the
State of Utah, to the extent permitted by law, the Issuer agrees that the registered owner of any
outstanding Bonds shall have the right (i) to apply to and obtain from any court of competent
jurisdiction such decree or order as may be necessary to require the officials of the Issuer to charge
and collect rates for services supplied by the System sufficient to meet all requirements of this
Master Resolution, and (ii) if the Bonds shall be permitted to default as to payment of principal,
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prepayment premium, if any, and interest thereon to apply to a court of competent jurisdiction to
appoint a receiver for the System.
(c) Further, in the event of default the bondholder has the remedy to impose
interest on the total outstanding principal balance of the Bonds at the rate of 18% per annum until
the default is cured.
Section 5.14. Master Resolution to Constitute Contract Between the Issuer and the Holders
of the Bonds. The provisions of this Master Resolution shall constitute a contract between the Issuer
and the registered owners from time to time of the Bond. After the issuance of the Bond, no change,
variation or alteration in the provisions of this Master Resolution may be made, except as provided
in Article VI hereof. The provisions of such contract shall be enforceable by appropriate proceedings
to be taken by any of such registered owners either at law or in equity, to the extent permitted by law.
Section 5.15. Compliance with Resolution. The Issuer will not issue, or permit to be issued,
any bonds or other obligations in any manner other than in accordance with the provisions of this
Master Resolution and will not suffer or permit any default to occur under this Master Resolution,
but will faithfully observe and perform all of the covenants, conditions and requirements hereof. The
Issuer will make, execute and deliver any and all such further resolutions, instruments and assurances
as may be reasonably necessary or proper to carry out the intention or to facilitate the performance
of this Master Resolution and for the better assuring and confirming to the registered owners of the
Bond of the rights, benefits and security provided in this Master Resolution. The Issuer for itself,
its successors and assigns represents, covenants and agrees with the registered owners of the Bonds,
as a material inducement to the purchase of the Bonds, that so long as the Bonds shall remain
outstanding and the principal thereof, prepayment premium, if any, or interest thereon shall be
unpaid or unprovided for, it will faithfully perform all of the covenants and agreements contained
in this Master Resolution and the Bonds.
Section 5.16. Power to Issue Bond and Pledge Revenues and Funds; Power to Own the
System and Collect Rates and Fees; Ownership of Project. The Issuer is duly authorized under all
applicable laws to create and issue the Bonds and to adopt this Master Resolution and to pledge the
Revenues purported to be pledged by Resolution in the manner and to the extent provided herein.
The Bonds and the provisions of this Master Resolution are and will be the valid and legally
enforceable obligations of the Issuer in accordance with the terms of the Bonds and the terms of this
Master Resolution. The Issuer shall at all times, to the extent permitted by law, defend, preserve and
protect the pledge of the Revenues under this Master Resolution and all the rights of the registered
owners of the Bonds under this Master Resolution against all claims and demands of all persons
whomsoever. The Issuer has, and will have so long as the Bonds are outstanding, good, right and
lawful power to acquire, construct, improve, extend and own the Project and the System and to fix
and collect rates, fees and charges, as appropriate, in connection with the System. The Issuer will,
so long as the Bonds are Outstanding, own and operate the Project.
Agenda
Section 5.17. The Issuer agrees, in accepting the proceeds of the Series 2016 Bond, to
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comply with all applicable state and federal regulations related to the Utah State Revolving Fund
administered by the Water Quality Board. These requirements include, but are not limited to, Title
VI of the Clean Water Act of 1987, the Single Audit Act of 1996, the Utah Wastewater Loan
Program policies and guidelines, the Utah Local Government Bonding Act, the Utah Money
Management Act, the Utah Procurement Code and the State of Utah Legal Compliance Audit Guide.
ARTICLE VI
MODIFICATION OR AMENDMENT OF MASTER RESOLUTION
Section 6.01. Amendments Permitted. The registered owners of seventy-five percent (75%)
in principal amount of the outstanding Bonds (not including any Bonds which may then be held or
owned by or for the account of the Issuer), shall have the right from time to time to approve the
adoption by the Governing Body of any amendment to this Master Resolution which may be deemed
necessary or desirable by the Governing Body; provided, however, that nothing herein contained
shall permit or be construed to permit the modification of the terms and conditions in this Master
Resolution or in the Bond so as to:
(1) Make any change in the maturity of the Bonds;
(2) Reduce the rate of interest borne by the Bonds;
(3) Reduce the amount of the principal payable on the Bonds;
(4) Modify the terms of payment of principal of, prepayment premium, if any, or interest
on the Bond or impose any conditions with respect to such payment;
(5) Affect the rights of the registered owners of less than all of the Bonds then
Outstanding; and
(6) Make any change in the provisions of this Article.
Section 6.02. Notice of Proposed Amendment; Consent of Bondholders.
(a) If at any time the Governing Body shall have proposed an amendatory resolution,
it shall cause the notice of the proposed adoption of such resolution to be sent by registered mail to
the registered owners of the Bonds then Outstanding. No notice by publication shall be required.
(b) Whenever at any time within one year from the date of the mailing of said notice,
there is filed in the office of the City Recorder an instrument or instruments executed by the
registered owners of at least seventy-five percent (75%) in principal amount of the Bonds then
Outstanding, specifically consenting to and approving the adoption of the amendatory resolution;
thereupon, but not otherwise, said resolution shall become effective and the provisions thereof
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binding upon the registered owners of all of the Bonds then outstanding and no registered owners
of any Bond then outstanding, whether or not he shall have consented to or shall have revoked any
consent as in this Article provided, subject to the limitations of the subsequent paragraph, shall have
any right to object to the adoption of such amendatory resolution or to the operation of any of the
terms and provisions thereof.
(c) Any consent given by the registered owners of a Bond pursuant to the provisions
of this Article shall be irrevocable for a period of six months from the date of the mailing of the
notice aforesaid and shall be conclusive and binding upon all future registered owners of the same
Bond during such period. Such consent may be revoked at any time after six months from the date
of mailing of such notice by the registered owners who gave such consent, or by a successor in title,
by fling notice with the Governing Body in form satisfactory to the Governing Body of such
revocation of consent, but such revocation shall not be effective if the registered owners of seventy-
five percent (75%) in principal amount of the Bonds then Outstanding have prior to the attempted
revocation consented to and approved the amendatory resolution.
(d) Proof of the execution of any such instrument of consent or the ownership by any
person of such Bond shall be conclusive, if made in the manner provided in this Article. The fact
and date of the execution by any person of any such instrument of consent may be proved by the
affidavit of a witness of such execution or by the certificate of any notary public or other officer
authorized by law to take acknowledgment of deeds, certifying that the person signing such
instrument of consent acknowledged to him/her the execution thereof.
(e) The amount and number of Bonds owned by any person executing any such
instrument of consent and the date of his holding the same may be proved by a certificate executed
by any bank, trust company or member of the New York Stock Exchange, showing that on the date
therein mentioned such person had on deposit with or exhibited under the claim of ownership to such
bank, trust company or member of the New York Stock Exchange the Bonds therein described. The
Governing Body may nevertheless in its discretion require further proof in cases where it deems
further proof desirable.
ARTICLE VII
MISCELLANEOUS
Section 7.01. Discharge of Indebtedness. Any Bond or Parity Bond shall not be deemed
Outstanding when:
(1) It is cancelled because of payment or prepayment prior to maturity; or
(2) Cash funds for the payment or prepayment of such Bond or Parity Bond shall have been
theretofore deposited with the Depository for such Bond or Parity Bond, respectively (whether upon
or prior to maturity of or the prepayment date established for such Bond or Parity Bond); provided
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that if the Bond or Parity Bond is to be prepaid prior to maturity, notice of such prepayment shall
have been given or waiver of such notice shall have been filed with the Issuer by the registered
owner of the Bond or Parity Bond, respectively, to be prepaid and there shall have been deposited
irrevocably and arrangements shall have been made with the Depository to assure payment of all fees
and expenses of the Depository to become due on and prior to the maturity or prepayment date, with
no monies to be invested in any investments but direct obligations of or obligations guaranteed by
the United States of America, maturing and bearing interest in such amounts and at such times as
will assure sufficient cash to pay currently maturing interest and to pay principal when due.
Section 7.02. Publication of Notice of Bonds to Be Issued. In accordance with the
provisions of Section 11-14-21, Utah Code Annotated, 1953, as amended, the Secretary has
heretofore caused "Notice of Bonds to be Issued" to be published one (1) time in the Moab Times -
Independent , a newspaper having general circulation in Moab, Utah, which is hereby confirmed and
ratified.
Section 7.03. Execution of Escrow Agreement. The Escrow Agreement, in substantially the
form presented at the meeting at which this Master Resolution is adopted, is hereby approved and
the Executive Officer and the City Recorder are hereby authorized and directed to execute and
deliver the Escrow Agreement to the parties thereto, with such changes, if any, as the Executive
Officer may direct prior to such execution and delivery. Said execution of the Escrow Agreement
shall constitute conclusive evidence of the approval thereof by the Executive Officer.
Section 7.04. Depository. The Depository hereunder shall be a Qualified Depository. If at
any time the Depository hereunder shall cease to be a Qualified Depository, the Issuer shall, as soon
as reasonably practicable, select a successor thereto who shall be a Qualified Depository.
Section 7.05. Master Resolution Not to be Construed to Make the Bond an Indebtedness of
the Issuer. Nothing in this Master Resolution shall be construed in such a manner as to result in
making the Bonds an indebtedness of the Issuer, and if it shall ever be held by any court of
competent jurisdiction that any or all of the provisions of this Master Resolution are invalid or that
the enforcement of the provisions of this Master Resolution would make the Bond invalid or
unenforceable, said provisions of this Master Resolution shall be considered to be null and void.
Section 7.06. Partial Invalidity. If any one or more articles, sections, paragraphs, clauses or
provisions of this Master Resolution or the application thereof to any person or circumstances are
held to be invalid by final decision in any court of competent jurisdiction, such invalidity shall not
affect the other articles, sections, paragraphs, clauses and provisions of this Master Resolution which
can be given effect without the article, section, paragraph, clause or provision so held to be invalid
or the application of which is held to be invalid and shall not affect the application of such article,
section, paragraph, clause or provision to other persons or circumstances and to this end the
provisions of this Master Resolution are declared to be severable.
Agenda
Section 7.07. Article and Section Headings. All references herein to "Articles", "Sections"
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and subdivisions are to the corresponding articles, sections or words of similar import refer to this
Master Resolution as a whole and not to any particular Article, Section or subdivision hereof. The
headings or titles of the several Articles and Sections hereof, and any table of contents appended to
copies hereof, shall be solely for convenience or reference and shall not affect the meaning,
construction or effect of this Master Resolution.
Section 7.08. Conflicting Resolutions. All resolutions and parts thereof in conflict herewith
and hereby repealed to the extent of such conflict.
Section 7.09. Effective Date. Immediately after its adoption, this Master Resolution shall
be signed by the Mayor and the City Recorder shall have the official seal of the Issuer impressed or
imprinted hereon, shall be recorded in a book kept for that purpose and shall take immediate effect.
PASSED AND APPROVED this day of , 2016
ATTEST AND COUNTERSIGN:
By
City Recorder
[SEAL]
CITY OF MOAB
By
Mayor
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Resolution #29-2016
A RESOLUTION APPROVING AN AGREEMENT BETWEEN SPANISH VALLEY WATER AND SEWER
WATER IMPROVEMENT DISTRICT AND THE CITY OF MOAB
WHEREAS, the City of Moab ("Moab") has determined that it is in the best interest of the
community to enter into a cooperative agreement with Spanish Valley Water and Sewer
Improvement District to provide sewer services for Spanish Valley; and
WHEREAS, Moab, pursuant to Utah Code Ann. § 10-8-38, is authorized to acquire and operate
systems for the collection, treatment and disposition of sewage (a "Wastewater System"); and
WHEREAS, Moab is intending to design and construct a new sewage treatment plant with
increased capacity for the future (the "new Treatment Plant"); and
WHEREAS, the new Moab Treatment Plant as designed will have additional capacity, compared
to the Current Treatment Plant, for the conveyance and treatment of wastewater for Moab and
other contracted Users; and
WHEREAS, the Spanish Valley Water and Sewer Water Improvement District ("District") is
interested in providing for its existing capacity in the Current Treatment Plant in the New
Treatment Plant; and
WHEREAS, the District is in need of additional future treatment services and additional capacity
for the treatment of wastewater; and
WHEREAS, Moab intends to operate its New Treatment Plant as a regional facility and is willing
to accept users; and
WHEREAS, Moab and the District deem it to be in the public interest to enter into this
Agreement whereby Moab will continue to receive and treat District wastewater; and
WHEREAS, the attached agreement provides for the funding and coordination of such services;
NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY ADOPT THE
AGREEMENT IN SUBSTANTIALLY THE FORM PRESENTED TO THIS MEETING OF THE CITY COUNCIL,
AND AUTHORIZE THE APPROPRIATE INDIVIDUALS TO EXECUTE AND DELIVER SAID AGREEMENT.
This resolution shall take effect immediately upon passage.
hution #29 2016 Page 1 of 2
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Passed and adopted by action of the Governing Body of Moab City in open session this 8th day of
November, 2016.
Attest:
Rachel E. Stenta
City Recorder
CITY OF MOAB
By:
David L. Sakrison
Mayor
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ution #29-2016 Page 2 of 2
Page 144 of 191
INTERLOCAL COOPERATION AGREEMENT
This Agreement is made and entered into by and between the City of MOAB, Utah, a Utah
municipal corporation, hereinafter referred to as "MOAB" and Spanish Valley Water and Sewer
Improvement District, an improvement district and a political subdivision of the state of Utah,
hereinafter referred to as "DISTRICT".
WHEREAS, MOAB, pursuant to Utah Code Ann. § 10-8-38, is authorized to acquire and operate
systems for the collection, treatment and disposition of sewage (a "Wastewater System"); and
WHEREAS, MOAB owns and operates a Wastewater System, including facilities for the
conveyance and treatment of domestic, commercial and industrial Wastewater; and
WHEREAS, MOAB is intending to design and construct a new sewage treatment plant with
increased capacity for the future (the "new Treatment Plant"); and
WHEREAS, MOAB currently has a Discharge Permit issued by the State of Utah Department of
Environmental Quality ("DWQ"), which Permit describes the discharge requirements and
treatment capability of MOAB's current sewage treatment plant (the "Current Treatment Plant")
for, among other things, limitations of strength of wastewater influent; and
WHEREAS, the DISTRICT, has by agreement with MOAB, the right to certain capacity in the
Current Treatment Plant; and
WHEREAS, the new Moab Treatment Plant will require a Discharge Permit issued by the DWQ;
and
WHEREAS, the new Moab Treatment Plant MOAB as designed will have additional capacity,
compared to the Current Treatment Plant, for the conveyance and treatment of wastewater for
Moab and other contracted Users; and
WHEREAS, pursuant to Utah Code Ann. § 11-8-1, municipalities and improvement districts are
expressly authorized to enter into contracts for sewage treatment and disposal services, which
authority is separate from and in addition to authority granted under the Impact Fees Act, Title
11, Chapter 36a, of the Utah Code; and
WHEREAS, DISTRICT is interested in providing for its existing capacity in the Current Treatment
Plant in the New Treatment Plant; and
WHEREAS, DISTRICT is in need of additional future treatment services and additional capacity for
the treatment of Wastewater; and
WHEREAS, MOAB intends to operate its New Treatment Plant as a regional facility and is willing
to accept Users; and
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WHEREAS, MOAB and DISTRICT deem it to be in the public interest to enter into this Agreement
whereby MOAB will continue to receive and treat DISTRICT Wastewater; and
WHEREAS, DISTRICT is willing to pay its proportionate share of the costs of interconnection and
transmission and to pay for treatment services and expenses for the domestic, commercial and
industrial wastewater generated and conveyed to the New Treatment Plant through the DISTRICT
Wastewater System as described in this Agreement; and
WHEREAS, it is necessary that all Users pay to replace their existing capacity in the Current
Treatment Plant in the New Treatment Plant and their fair share of costs associated with MOAB
Wastewater System including treatment and transmission; and
WHEREAS, it is the intent of the parties that MOAB will establish and collect an Impact Fee from
all new Customers or Connections including DISTRICT Customers; and
WHEREAS, MOAB and DISTRICT intend to work cooperatively to provide their citizens and
Customers with safe, effective, and environmentally sound wastewater treatment services; and
WHEREAS, MOAB will consider DISTRICT a User of its Wastewater system, and as such, DISTRICT
will be regarded in the same manner as other Users of MOAB Wastewater System in regards to
cost of service based rate setting and surcharges; and
WHEREAS, MOAB and DISTRICT desire to comply with applicable federal and state requirements
dealing with wastewater treatment and pollution control; and
WHEREAS, MOAB and DISTRICT recognize that the public interest will be served and that
economic savings will be recognized by avoiding duplication of services and facilities.
NOW, THEREFORE, in consideration of mutual promises and covenants contained herein and for
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, it is agreed by and between MOAB and DISTRICT as follows:
Article 1. Definitions. For the purpose of this Agreement the following terms are defined as
follows:
Agreement shall mean this Interlocal Cooperation Agreement for Conveyance and Treatment of
Wastewater between MOAB and DISTRICT.
Capacity Fee shall mean the costs associated with the capital costs of the MOAB Wastewater
System identified in the Moab Wastewater Impact Fee Analysis to be paid by each Equivalent
Residential Unit connecting to the MOAB Wastewater System through the DISTRICT Wastewater
System.
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Connection Point shall mean the location(s) where the DISTRICT sewer collection lines connect to
the MOAB collection lines for conveyance to the MOAB Wastewater System. Each Connection
Point shall delineate the point of ownership, operation, and maintenance responsibility transfer
between the DISTRICT Wastewater System and MOAB Wastewater System.
Customer shall mean the individual homes, commercial, governmental, manufacturing, or
industrial businesses that are connected to the User's Wastewater System that are collected and
treated in the MOAB Wastewater System.
Discharge Permit shall mean a permit issued by DWQ to allow MOAB to discharge treated
wastewater from either the New Treatment Plant or the Current Treatment Plant to waters of
the state of Utah, specifically the Colorado River.
DISTRICT shall mean the Spanish Valley Water & Sewer Improvement District.
DISTRICT Wastewater System shall mean all properties and facilities, whether leased, owned, or
otherwise controlled, operated or maintained by DISTRICT, used for the collection, conveyance,
and/or treatment of Wastewater within DISTRICT.
Equivalent Residential Unit (ERU) is a unit of measure used to equate non-residential or multi-
family residential water usage to a specific number of single-family residences. For purposes of
this Agreement, one ERU is the equivalent of a typical single-family home. An ERU is the unit of
measurement for the impact fee calculation.
Force Majeure shall mean a cause or causes beyond the reasonable control of the party claiming
Force Majeure and shall include, but is not limited to, natural disasters, strikes, lockouts, or other
industrial disturbances, acts of a public enemy, orders of any kind from the United States of
America or the state of Utah or any civil or military authority having jurisdiction, insurrections,
riots, epidemics, lightening, fires, hurricanes, storms, floods, tornadoes, washouts, earthquakes,
droughts, restraint of government and people, civil disturbances, explosions and breakage or
unavoidable accidents to machinery, pipelines or facilities. However, the parties agree that a
mere increase in operating costs shall not, by itself, constitute an event of Force Majeure.
Impact Fee shall mean a Capacity Fee charged to a new building or project that will require a new
wastewater connection to send Wastewater to the Moab Wastewater System adopted and
amended from time to time by MOAB in accordance with the Utah Impact Fees Act.
Infiltration shall mean the leakage of storm water or ground water into a Wastewater System.
Meter Station shall mean a flow metering station for measuring wastewater flows.
MOAB shall mean Moab City, a municipal corporation in the state of Utah.
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MOAB Wastewater System shall mean all properties and facilities, whether leased, owned, or
otherwise controlled, operated, or maintained by MOAB, used for the collection, conveyance,
treatment, and discharge of Wastewater within MOAB.
Monthly Rate or Service Charge shall mean the standard cost based charges developed through
the then current Moab Rate Study required to be paid by Customers of MOAB or DISTRICT for
their specific amount of discharge into the Wastewater System. It is not anticipated that the
Monthly Rate will be the same for MOAB Customers and DISTRICT Customers because MOAB will
incur costs that benefit only its Customers and cannot properly be allocated to DISTRICT
Customers, and DISTRICT may incur costs that are unique to DISTRICT Customers and do not
benefit MOAB Customers.
New MOAB Treatment Plant shall mean the Moab City Wastewater Treatment Plant that, at the
time of the negotiation of this Agreement, is in final design and is intended to be completed prior
to 2019.
Periodic Basis is a reoccurring event with consistent timing.
Pre-treatment shall mean a Customer owned device or Customer implemented process, that is
intended to remove untreatable products from the Wastewater or intended to prevent influent
from exceeding the Wastewater Permit, prior to sending it into the MOAB Wastewater System.
Pre -Treatment Permit shall mean a permit required by all non-residential uses which may affect
the influent and thereby MOAB's ability to process sewage within User's service area, who will
be connected to the MOAB Current or New Wastewater Treatment Plant.
Pre -Treatment Program shall mean a DWQ approved pre-treatment program that is
implemented to prohibit unacceptable or untreatable flows to MOAB's existing or New
Wastewater Treatment Plant.
Rate Study shall mean a good faith comprehensive analysis of operating and maintenance costs
of the Moab Wastewater System and a comparison of the costs against currently applicable rates
and fees.
Resolution shall mean a formal expression of the opinion or will of MOAB or DISTRICT, adopted
by the applicable legislative body. A resolution may be a statement of policy by the MOAB or
district governing body (city council or DISTRICT board of trustees) or an order of the governing
body that a specific action be taken.
Reuse Water shall mean treated effluent wastewater discharged from the MOAB Treatment Plant
that may be diverted from the effluent stream for other non -potable applications in accordance
with applicable law.
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Septage shall mean excrement and other waste material contained in or removed from a septic
tank, pit toilet or other physical storage location on state or federal lands as well as private
property locations.
Treatment Service Area shall mean the service areas as the Users are accepted into the MOAB
Wastewater Treatment Plant and any additional areas added to Users service areas that are
accepted by MOAB.
Total influent shall mean wastewater flows from all sources in the wastewater collection system
(except septic).
Useful Life of the MOAB Wastewater Treatment Plant shall mean the period during which the
Wastewater Treatment Plant is expected to be usable for the purpose of adequate treatment of
Wastewater in accordance with DWQ Discharge Permit. The Useful Life may or may not
correspond with the actual physical life or economic life.
User shall mean any entity including the DISTRICT and MOAB transferring their Wastewater
and/or Septage to the MOAB Wastewater System for transmission, collection and treatment.
Wastewater shall mean the spent water of a community, including but not limited to a
combination of the liquid and water -carried wastes from residences, commercial buildings,
industrial plants, and institutions, together with any ground water, surface water and storm
water infiltration into the community's Wastewater System.
Article 2. Scope.
2.1 Purpose. The purpose of this Agreement is to set forth the conditions by which DISTRICT
may transfer its existing capacity in the Current Treatment Plant into the New Treatment
Plant and the conditions for the DISTRICT to continue to discharge Wastewater into the
MOAB Wastewater System for conveyance and treatment services and to establish
mutually acceptable standards and procedures.
2.2 Wastewater permit. MOAB will issue a Wastewater Permit to DISTRICT setting forth the
parameters, standards and requirements for the discharge of Wastewater into the MOAB
Wastewater System based upon MOAB's DWQ issued Discharge Permit and the biological
and hydraulic capacity of MOAB's Current or New Wastewater Treatment Plant in
addition to the provisions contained in this Agreement. Any renewal of the Wastewater
Permit will occur within six (6) months of renewal of MOAB'S DWQ Discharge Permit.
2.3 Compliance. The parties intend that both parties shall comply with all requirements,
parameters, conditions, and standards contained within this Agreement as well as those
contained within the Wastewater Permit.
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2.4 Enforcement of Laws. To the extent allowed by law, MOAB and DISTRICT shall enforce
all federal, state and local laws as they relate to the development, construction,
maintenance and operation of their respective Wastewater Systems, including
pretreatment requirements imposed by law or permit.
2.5 Prior Agreements. This Agreement supersedes any other wastewater agreements
between MOAB and DISTRICT including the 1982 agreement.
Article 3. Term.
3.1 Commencement of Term. Having already been reviewed by attorneys representing each
party, this Agreement shall become effective upon (i) its approval as reflected in a
resolution adopted by each governing body and its execution by both parties and (ii) the
filing of an executed copy of this Agreement with the keeper of records of each of the
parties (the "Effective Date") as required by the Interlocal Cooperation Act.
3.2 Duration of Agreement Except in the event of early termination as provided herein, the
term of this Agreement shall end at the expiration of the Useful Life of the anticipated
New MOAB Wastewater Treatment Plant, including the subsequent planned expansion,
or fifty (50) years, whichever is sooner.
3.3 New MOAB Treatment Plant. The discharge of DISTRICT Wastewater to the MOAB
Wastewater System pursuant to this Agreement may be commenced in the New Moab
Wastewater Treatment Plant only after all funding is in place, standards developed and
upon the receipt of all necessary local, state and/or federal approvals and permits.
3.4 Current MOAB Treatment Plant. The discharge of the DISTRICT Wastewater to the MOAB
Wastewater System pursuant to this Agreement may continue in the Current MOAB
Wastewater System until the New MOAB Treatment Plant is online. If the capacity of the
Current plant is fully used before the new plant is online, MOAB will not approve any new
connections for all Users including the DISTRICT until such time there is additional
capacity available.
Article 4.
Termination of Agreement.
4.1 Termination Due to Material Breach. Either party shall have the right to terminate this
Agreement in the event of a material breach of the provisions of this Agreement by the
other if the defaulting party has not cured or reasonably started to cure such material
breach within six (6) months after the non -defaulting party has made written demand to
cure the same.
A. Events that may constitute a "material breach" of this Agreement by DISTRICT include but
are not limited to:
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1. Exceeding the limitations set forth herein;
2. Failure to take action in the event of discharge from the DISTRICT Wastewater System of
harmful substances in excess of the quantity or concentrations permitted by local, state
and/or federal laws;
3. Failure to enforce any material, local, state and/or federal rule, regulation, law or
procedure as it relates to the development, maintenance or operation of the DISTRICT's
Wastewater System;
4. Failure to comply with the requirements of the Wastewater Permit;
5. Remaining delinquent for any payment due hereunder for a period of ninety (90) days
after receiving notice of thereof from MOAB. MOAB agrees that, in the event DISTRICT
disputes any charge or fee imposed by MOAB, DISTRICT may pay the disputed portion of
the bill under protest pending a resolution of the dispute; and
6. Failure to perform any material covenant or obligation contained in this Agreement.
B. Events that may constitute a "material breach" of this Agreement by MOAB include but
are not limited to:
1. Exceeding the limitations set forth in the DWQ issued Discharge Permit;
2. Failure to comply with any local, state and/or federal rule, regulation, law or procedure
as it relates to MOAB's Wastewater System; and
3. Failure to comply with the DWQ issued Discharge Permit;
4. Failure to perform any material covenant or obligation contained in this Agreement.
4.2 Mutual Agreement. This Agreement may be terminated by the mutual consent of MOAB
and DISTRICT by resolution duly adopted by the governing body of each entity.
4.3 Continuing Responsibilities. No termination of this Agreement shall terminate the right
of either party to any indemnification, payment or other outstanding performance,
remedy or recourse arising with respect to an event, circumstance or event of default
occurring or existing prior to the date of termination.
Article 5. Initial Buy -In to MOAB New Wastewater Treatment Plant.
5.1 Capital Contribution. The DISTRICT will pay for its fair share of the capital cost of the New
MOAB Wastewater Treatment Plant based upon the DISTRICT's current capacity use in
the Current Wastewater Treatment Plant. This current capacity use will be transferred to
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the New MOAB Wastewater Treatment Plant. DISTRICT agrees to pay the capacity use
cost as Outlined in the Technical Memorandum, Exhibit 2. The DISTRICT shall pay Eight
Hundred Thousand Dollars ($800,000.00) in a single payment within thirty (30) days of
the effective date of this Agreement, and the remaining costs will be paid in twenty (20)
annual payments of Eighty Four Thousand Six Hundred Eighty Seven Dollars and Forty
Four Cents ($84,687.44) starting on August 1, 2017 and continuing annually thereafter
for a total of One Million Six Hundred Ninety Three Thousand Seven Hundred Forty Eight
Dollars and Seventy Cents ($1,693,748.70).
5.2 Capacity. Current capacity shall be allocated between the MOAB and the DISTRICT
based on the total ERUs currently utilized by each entity. By reference in the Technical
Memorandum, Exhibit 2, MOAB is accepting the existing DISTRICT ERUs (flows) of Two
Thousand Seven Hundred Seven (2,707) ERUs and the DISTRICT's current list of Customers
and equivalent ERUs. The DISTRICT and MOAB agree on their total current ERUs as of
October 31, 2016.
Article 6. Fees and Charges.
6.1 Fees and Charges. DISTRICT agrees to pay to MOAB the duly adopted Monthly Rate or
Service Charge for the DISTRICT and its Customers. It is understood and agreed by
DISTRICT that the charges do not include unanticipated or emergency capital repairs
to the MOAB Wastewater System and that the charges set forth herein are subject
to periodic adjustments as provided herein for both Monthly Rates and Impact Fees. All
fees, costs of services and establishment of rates to be charged by MOAB for the services
provided to DISTRICT shall be based upon the most recent Moab Wastewater Monthly
Rate Study and Impact Fee Study.
6.2 Impact Fees. MOAB intends to adopt Impact Fees for all Users including DISTRICT and any
new Customers in their Service Area. The DISTRICT agrees that it will act as MOAB's agent
to collect the Impact Fees from those Customers connecting to DISTRICT Wastewater
System. The costs of the Impact Fee Studies shall be included in the calculation of an
allowable Impact Fee. The DISTRICT shall collect and remit Impact Fees in accordance with
the current approved Impact Fee study at the time of Building Permit of each new
Customer. The Impact Fees shall be collected by the DISTRICT and remanded to the City
every thirty days for each and every new connection to the DISTRICT Wastewater System.
Additionally, DISTRICT understands and agrees that MOAB may also impose Impact Fees
for all additional ERUs of new or additional facilities. The DISTRICT hereby specifically
agrees that if it fails to collect an Impact Fee from one of its Customers the DISTRICT shall
be responsible to pay to MOAB the amount of the uncollected Impact Fee to MOAB as if
the DISTRICT had actually collected the fee from its Customer.
6.3 Periodic Rate Study and Impact Fee Studies. MOAB hereby agrees that it will undertake
a Monthly Rate Study and Impact Fees study on a Periodic Basis to ensure that costs are
appropriately distributed to Users. MOAB agrees that the DISTRICT will have the
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opportunity to review and comment on the methodology and results of any such studies.
MOAB will notify Users including the DISTRICT three (3) months before the
commencement of the Studies. MOAB will provide studies consistent with the Impact
Fees Act. MOAB agrees to provide the DISTRICT sufficient budgetary information
necessary to explain the MOAB Wastewater System revenues and expenditures, fees
charges, and how the fees were developed. DISTRICT shall have the opportunity to review
and provide comment on the budgetary information and reports (including Monthly Rate
Study and Impact Fees Study) used to develop such fees.
6.4 Other Fees and Charges. DISTRICT agrees to pay to MOAB costs of operation,
maintenance, repair and capital charges that are not covered by any Impact Fee (based
on actual costs) or other payment to MOAB by DISTRICT as set forth in this Agreement. It
is understood and agreed by the parties that the charges to DISTRICT do not include
unanticipated or emergency capital repairs to the MOAB Wastewater System and that
the charges herein may be subject to annual adjustment as provide in this Agreement.
6.5 Cooperation. MOAB and DISTRICT acknowledge that with the anticipated length of the
term of this Agreement it is difficult to know and anticipate all types of issues or costs for
the operation of the MOAB Wastewater Systems; both the DISTRICT and MOAB will
collaborate and cooperate on funding that may necessary to meet compliance, operation
or treatment in the future.
Article 7. Billing and Payment
7.1 Monthly Rate and Fees. On or before the 28th_ day of each month, DISTRICT shall remit
payment for all appropriate billed Service Charges. Such a bill shall become due and
payable within thirty (30) days from the billing date. Any balance remaining unpaid thirty
(30) days from the date the billing is received by DISTRICT shall be considered delinquent
and accrue a surcharge for delinquency based on current lawful MOAB policies. DISTRICT
shall note any new DISTRICT Customers each month.
7.2 Impact Fees. On or before the 28t" day of each month, the DISTRICT shall remit payment
with addresses for all Impact Fees collected. Such a bill shall become due and payable
within thirty (30) days from the billing date. Any balance remaining unpaid thirty (30)
days from the date issued shall be considered delinquent and accrue a surcharge for
delinquency based on current City policies. The report will include new Customer type
(i.e. gas station, restaurant, and single family residence), name, address and number of
ERUs and fee.
7.3 Billing Disputes. Any disputes on billing shall be presented to the other party in writing.
MOAB and DISTRICT agree to attempt in good faith to resolve billing disputes. The
resolution shall be paid within two (2) weeks of resolution of dispute.
Article 8. Pretreatment Program
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8.1 Pretreatment Program. It is agreed and understood that MOAB intends to adopt a
Pretreatment Program. MOAB and DISTRICT agree to work cooperatively to have the
Pretreatment Program approved by DWQ to insure MOAB Wastewater System
performance and regulatory compliance. MOAB will require all Users to meet, at a
minimum, the federal, state and local requirements for Pre -Treatment. MOAB agrees and
understands that the intent of the Pretreatment Program is to protect the wastewater
systems and plant and not to limit commerce. MOAB agrees that prior to adopting or
amending the Pretreatment Program that it will allow reasonable input from Users
including the DISTRICT. It is hereby agreed and understood that the Pre-treatment
Program is subject to updates and changes as required to meet MOAB's Discharge Permit
or changes at the state or federal level. DISTRICT agrees to adopt policies that perpetually
implement and enforce the Pre -Treatment Program.
8.2 Pre -Treatment Permit. The parties recognize that there are corrosives and other chemical
concentrations that will cause significant difficulty for the plant to operate. The Pre -
Treatment Permit will define these chemicals and reasonable limitations. Some
limitations may require DISTRICT Customers to perform Pre -Treatment. All costs of the
Pre -Treatment for the DISTRICT Customers in compliance with this paragraph shall be the
responsibility of DISTRICT, but may be passed on to the responsible DISTRICT customer.
All non-residential uses which may affect the influent and thereby MOAB's ability to
process sewage will be required to maintain a Pre -Treatment Permit from MOAB. The
terms and provisions of the Pre -Treatment Permit issued on an annual basis by MOAB to
DISTRICT's commercial, industrial or manufacturing Customers shall be within the
requirements of the Pre -Treatment Program as adopted. The DISTRICT agrees to be
responsible to adopt a Resolution providing for the enforcement of the Pre -Treatment
Permit compliance of their Customers and shall work with MOAB to ensure timely
compliance. The enforcement shall incorporate typical methods including but not limited
to interruption of water service. The DISTRICT will comply with whatever the MOAB
defines as this enforcement process in the accepted Pre -Treatment Regulations and in
accordance with this Agreement. The Pre -Treatment requirements may be implemented
by MOAB regardless of the total flows of wastewater through the MOAB Wastewater
System.
Article 9. Monitoring, Sampling and Measurement of Wastewater
9.1 Flow Measurement and Recording. DISTRICT agrees to maintain an automatic flow
measuring and recording system for the purpose of accurately measuring the flow from
its Wastewater System at three existing locations including HIGHWAY, JUNIOR HIGH and
HIGH SCHOOL as shown on Exhibit 1. MOAB and DISTRICT agree to the joint use of the
automatic flow measuring and recording system but DISTRICT agrees to maintain the flow
measuring and recording system. DISTRICT may be permitted to add a new connection
point with the review and reasonable approval of MOAB.
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9.2 SCADA. DISTRICT shall cooperate with and assist MOAB in connecting a Supervisory
Control and Data Acquisition (SCADA) system to the DISTRICT measuring and recording
system. MOAB and DISTRICT shall cooperate in the maintenance and operation of shared
Project Instrumentation and Controls including SCADA system components within
DISTRICT at three metered locations, or others as necessary to assist with the control,
monitoring and metering of DISTRICT's wastewater influent. The SCADA system will have
remote read capability which will be available instantaneously in real-time. Respecting
the SCADA system only, MOAB shall pay for telemetry and DISTRICT shall pay all other
costs.
9.3 Inspection and Calibration. DISTRICT shall be responsible for the inspection, testing and
calibration of flow measuring devices at the meter locations. Each flow measuring device
shall be calibrated annually and DISTRICT shall share results of the calibration of the
measuring devices with MOAB.
9.4 Disruption of Service. If an emergency interruption of wastewater service becomes
necessary or occurs through natural disaster, DISTRICT and MOAB agree that it is in the
best interest of both parties to work cooperatively to determine a satisfactory response
plan to best accommodate the needs of both parties and their Customers. Upon
execution of this Agreement, the parties' operational staffs will develop emergency
operational protocols to address such an event, should it occur.
9.5 Testing and Sampling. To ensure that wastewater flows from DISTRICT are in compliance
with applicable federal, state and local requirements, DISTRICT will provide MOAB
reasonable access to its Wastewater System to perform testing at the Connection Points
identified in Section 9.1 above. MOAB shall perform all testing and sampling of
wastewater and determine the type of tests to be performed, frequency of sampling,
limits for test compliance, sampling methods, and points of sampling. These parameters
may be subject to change from time to time at MOAB's reasonable discretion. At a
minimum, annual sampling will be performed. The cost of the testing will be considered
operational costs in all Rate Studies. If MOAB's testing determines that there are
compliance issues with DISTRICT'S Influent, MOAB will assist DISTRICT to identify the
specific issue and the source of the same. DISTRICT may request testing at the Treatment
Plant or elsewhere in MOAB's Wastewater System for comparable results related to
DISTRICT's Wastewater System and MOAB will implement any such reasonable request
and will actively assist DISTRICT in the conduct of such testing.
Article 10. Wastewater Reuse. Any reuse of treated effluent by either party will be governed
by the Wastewater Reuse Act, Title 73, Chapter 3c, of the Utah Code. The parties agree
reasonably to cooperate with each other in effectuating the reuse of treated effluent
discharged from any Treatment Plant operated by MOAB, provided that such cooperation
shall be without cost, loss, liability or risk to the party that is asked to cooperate with the
other party's reuse project unless the cooperating party voluntarily agrees otherwise.
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Article 11. Planning for Service Areas. The service area for this Agreement will include all
wastewater services for the entire MOAB City limits as well as the entire Spanish Valley
Water and Sewer Improvement District service area as shown in Exhibit 3. This
Agreement anticipates that the MOAB or DISTRICT may desire to incorporate a portion of
San Juan County into the Wastewater Treatment Plant service area. MOAB will review
and consider application by any User for changes in the Treatment Service area.
Article 12. Planning for Future Agreements. After the New Treatment Plant is designed and
constructed, the parties anticipate that planning for additional capacity beyond the
current planned capacity will begin at the point at which eight five (85%) percent of
available capacity is being utilized. The rate of new development may impact the timing
for the development of the next phase (i.e. if development and growth are occurring at a
more rapid pace than anticipated, the design and construction of additional capacity may
be initiated at 80% of capacity).
Article 13. Uniform Sewer Standards. Within six months after the Effective Date of this
Agreement, MOAB and DISTRICT will begin a process to develop and approve, (through
the MOAB City Council and the DISTRICT Board of Trustees), the joint standards for
Collection as well as MOAB's standards and requirements for wastewater treatment. This
process shall be completed within one year after the Effective Date of this Agreement.
Both parties agree to implement and enforce these standards and requirements with all
Customers in their respective jurisdictions.
Article 14. Allocation of Capacity. Treatment plant capacity shall be allocated on a first -come,
first served basis for all Users, and will be calculated based upon Equivalent Residential
Units (ERUs).
Article 15. Responsibilities of MOAB
15.1 MOAB Responsibilities. MOAB agrees to receive and treat DISTRICT wastewater in
accordance with the provisions of this Agreement and in compliance with all applicable
existing or future laws, rules, regulations, ordinances, water quality standards, orders and
decrees of any governmental authority having jurisdiction over the treatment and
disposal of said wastewater. It is understood by the parties hereto that, until the New
Treatment Plant is online, MOAB can only treat DISTRICT'S wastewater to the extent
MOAB is presently capable of treating said wastewater utilizing the Current Treatment
Plant. In the event that future regulatory changes require a greater degree of treatment,
MOAB shall comply with such requirements. The cost associated with performing a
higher degree of treatment because of a change in state of Utah requirements may be
incorporated in the cost of services (Monthly Rates) and Impact Fees as stated herein and,
if necessary, DISTRICT may be assessed an adjusted rate for wastewater disposal based
on the results of the cost of services modifications.
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15.2 Coordination. MOAB shall coordinate and collaborate with DISTRICT on the planning,
design, bidding, and construction of the New Treatment Plant.
15.3 Operation. MOAB shall operate, maintain and repair the MOAB Wastewater System in
compliance with all applicable local, state and federal laws, rules and regulations.
15.4 Regulatory Permits. MOAB shall collaborate and cooperate with DISTRICT on applications
and permits required from any Health Department, DWQ, federal EPA, or any other
applicable regulatory agency as necessary or appropriate for the operation or
construction of the New Treatment Plant.
15.5 Ownership. MOAB shall own all interconnection Wastewater facilities from the
Connection Points to the MOAB Wastewater Treatment Plant.
15.6 Maintenance. MOAB shall be responsible for any and all maintenance and repair of
MOAB'S Treatment Plant and the MOAB Wastewater System.
15.7 Determination of Available Capacity. MOAB's Current Treatment Plant and anticipated
New Treatment Plant are MOAB City assets and facilities. It is agreed and understood
that MOAB has the authority to determine if the MOAB Current or New Wastewater
Treatment Plant has available capacity and if Pre -Treatment requirements are necessary
for the acceptance of new flows into the MOAB Current or New Wastewater Treatment
Plant. This review shall occur during the DISTRICT's plan review process for all new
developments outside of MOAB. During this process, MOAB shall require and the
DISTRICT agrees to provide to MOAB information to ensure that all activities of the
development shall meet the MOAB Discharge Permit requirements. The DISTRICT agrees
that no new non-residential connections will be approved without first being reviewed
and signed off with MOAB's agreement so that there is available capacity and what, if any,
are the Pre -Treatment requirements. This will be provided in a written "will serve" letter.
When there is available capacity under 85%, MOAB will review residential developments
over 50 units and all non-residential projects; if the MOAB Treatment Plant is at 90%
capacity or above, all residential projects over 10 units and all non-residential uses will be
reviewed; at 95% capacity, all new connections will be reviewed for available capacity and
Pre -Treatment requirements. The Current Treatment Plant is at 95% capacity and the
DISTRICT hereby acknowledges and agrees that all new connections to the Current
Treatment Plant will be subject to review and approval by MOAB prior to connection the
system. The percent of capacity will be determined based on least available capacity (at
the time of this Agreement, February and March). MOAB and DISTRICT will cooperate to
make these new approvals equitable and timely.
Article 16. Responsibilities of DISTRICT.
16.1 DISTRICT Responsibilities. DISTRICT is responsible for all design, engineering, and
construction costs to convey Wastewater from DISTRICT's service area to the MOAB
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Wastewater System, including the construction and installation of any necessary pipes
and facilities to the Connection Point(s). Attached hereto as Exhibit 1 is a diagram of the
existing configuration and location of the Connection Point(s), which may be modified as
mutually agreed by the parties.
16.2 Interconnect Lines. DISTRICT shall maintain the lines up to the interconnect point of each
of the three existing connections. DISTRICT shall, at its cost, be responsible for the
ownership, operation and maintenance of these lines to each Connection Point and be
responsible for the Wastewater System upstream of the Connection Points.
16.3 Compliance. DISTRICT shall operate, maintain and repair DISTRICT's Wastewater System
in accordance with applicable local, state and federal requirements.
16.4 Pre -Treatment Program. DISTRICT is responsible for enforcing any DWQ approved Pre -
Treatment Program upon its Customers.
16.5 Collection of Fees. DISTRICT will collect rates and fees due to MOAB directly from their
Customers. The DISTRICT is responsible to remit all funds due and the DISTRICT is
responsible to collect any unpaid DISTRICT Customer fees owed to MOAB.
16.6 Cooperation. DISTRICT shall collaborate and cooperate with MOAB on applications and
permits required from any Health Department, Department of Environmental Quality,
DWQ or EPA, or any other applicable regulatory agency, as necessary for operation or
construction of the New MOAB Wastewater Treatment Plant.
Article 17. Control and Ownership of Wastewater System
17.1 Respective Systems. MOAB and DISTRICT shall control, own, operate and maintain their
respective Wastewater Collection Systems.
17.2 MOAB Wastewater System. Except as otherwise provided in this Agreement, DISTRICT
shall have no ownership rights in, to or over the MOAB Wastewater System nor shall it
have any rights to control or operate such System.
17.3 DISTRICT Wastewater System. Except as otherwise provided in this Agreement, MOAB
shall have no ownership rights in, to or over the DISTRICT Wastewater System nor shall it
have any rights to control or operate such System.
17.4 Management of MOAB System. Except as otherwise provided in this Agreement,
DISTRICT shall have no right to participate in the management and operation of the MOAB
Wastewater System.
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17.5 Management of DISTRICT System. Except as otherwise provided in this Agreement,
MOAB shall have no right to participate in the management and operation of the DISTRICT
Wastewater System.
Article 18. Enforcement of Regulation of Wastewater Discharge Requirements.
18.1 Prohibited Wastewater. If DISTRICT discharges prohibited wastewater (as defined by the
Wastewater Permit) into the MOAB Wastewater System, the entities shall cooperate in
taking forthright action to eliminate the prohibited flow. Both parties agree that,
depending upon the seriousness of the harm being done or the potential for harm to be
done to the MOAB Wastewater System or to the health or safety of the public, or to the
environment, and with notice to DISTRICT, MOAB may temporarily suspend taking the
specific flow containing prohibited wastewater, and service to the offending DISTRICT
Customer, if such Customer can be identified, may be disconnected until a resolution of
the problem flow is achieved. MOAB agrees to take equivalent steps if MOAB has a
Customer who is sending prohibited wastewater to the MOAB Treatment Plant.
18.2 Possible Surcharge. If DISTRICT delivers Wastewater to the MOAB Wastewater System
that exceeds the Wastewater Permit, MOAB may impose a surcharge to the DISTRICT.
DISTRICT agrees to pay the surcharge regardless of whether it collects such amount from
the offending Customer.
Article 19. General Provisions.
19.1 Authority. MOAB and DISTRICT are authorized to enter into this Agreement under the
laws of the state of Utah pursuant to the Interlocal Cooperation Act, Utah Code Annotated
§§ 11-13-1, et seq. They also have statutory authority to enter into this Agreement
separate and apart from the Interlocal Cooperation Act. It is the intent of the parties,
should any part or provision of this Agreement not comport with requirements of the
Interlocal Cooperation Act, that such part or provision nonetheless be binding and
enforceable to the maximum extent allowed by law other than the Act.
19.2 Cooperation. MOAB and DISTRICT agree to work cooperatively in the enforcement of
their respective sewer use ordinances and resolutions and all applicable local, state
and/or federal laws.
19.3 Corrective Action. If MOAB reasonably determines that the characteristic of DISTRICT's
wastewater flows cause or contribute to the degradation of the MOAB Wastewater
System, despite the parties compliance with developed operation, monitoring and
maintenance schedules, all applicable permits, sewer use ordinances and resolutions, and
applicable pretreatment requirements (if any), MOAB shall notify DISTRICT in writing and
shall establish not less than thirty (30) days for DISTRICT to initiate any needed corrective
action, which may include investigation, testing and/or inspection. IF DISTRICT fails to act
in good faith to initiate a cure within thirty (30) days after receiving the notice and to
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correct the noncompliant characteristic within thirty (30) days thereafter, MOAB may
take corrective action and assess the reasonable cost of the action to DISTRICT. MOAB
shall take quick action to cure any degradation that occurs in the MOAB Wastewater
System due to any MOAB Customer or otherwise.
19.4 State and Federal Jurisdiction. This Agreement is subject to the lawful rules, regulations,
decisions, orders or directives of the U.S. Environmental Protection Agency (EPA) and of
any agency of the state and/or federal government with jurisdiction over the parties or
the subject matter of this Agreement.
19.5 Right to Discharge. DISTRICT shall have the right to discharge into the MOAB Wastewater
System domestic, commercial, and industrial wastewater as long as DISTRICT complies
with the provisions of this Agreement, applicable law and any applicable permit.
Article 20. Disputes and Remedies.
20.1 Scope of Dispute Resolution. The parties acknowledge that disputes regarding the
interpretation or application of this Agreement may arise from time to time and agree
that, subject to other provisions of this Agreement, each party shall attempt to resolve
such disputes according to the provisions of this Article, unless otherwise provided in this
Agreement. The parties do not intend to limit the type of disputes or disagreements
arising under this Agreement which may be submitted to the dispute resolution
procedures as set forth herein.
20.2 Request for Clarification. In the event of an issue or question by either party regarding
any aspect of this Agreement, both parties shall attempt in good faith to resolve that issue
or answer that question amicably before proceeding to the remedies set forth in this
Article. Such resolution effort shall include communication between the parties outlining
the particular issues, proposing solutions, and any other action necessary to resolve the
dispute. The parties agree that a request for clarification and any response thereto should
be completed no later than thirty (30) calendar days after the request for the clarification
is made.
20.3 Negotiation. When a disagreement or dispute arises over the interpretation or
application of any provision of this Agreement, and such dispute does not constitute an
event of default, the parties will each direct staff members as they deem appropriate to
meet at a mutually convenient time and place to attempt to resolve the disagreement or
dispute through negotiation.
20.4 Mediation. When the parties to this Agreement are unable to resolve any dispute, claim
or counterclaim, or are unable to negotiate an acceptable interpretation or application of
any provision of this Agreement, the parties may mutually agree in writing to seek relief
by submitting their respective grievances to mediation. If mediation generates costs, the
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costs will be shared equally between MOAB and DISTRICT and are not considered to be
operational costs.
20.5 Court. If the parties are unable to resolve any dispute, claim or counterclaim through any
of the other methods contained herein, they may take the issue(s) to state district court
in Moab, Utah as allowed by law.
Article 21. Indemnification.
Provided that nothing in this Agreement shall constitute or be construed as a waiver of any
governmental immunity provided to either party under the Governmental Immunity Act of Utah,
Title 63G, Chapter 7, of the Utah Code, to the greatest extent allowed by law, each party shall
indemnify and hold the other party harmless from and against any and all claims, costs, charges
and expenses including, without limitation, attorney's fees, expert witness fees, costs and
disbursements which may be imposed against MOAB or DISTRICT by any of the following
occurring during the term of the Agreement:
1. Any negligent or tortious act, error or omission of the indemnifying party, or any
of its personnel, employees, subcontractors, or consultants, in the construction, operation or
maintenance of the indemnifying party's Wastewater System; or
2. Any failure by the indemnifying party, or any of its personnel, employees,
subcontractors or consultants, to perform its obligations, either express or implied, under this
Agreement or any negligent or tortious act, error or omission of the indemnifying party, its
personnel, employees, consultants or subcontractors related to this Agreement.
Article 22. Compliance with Applicable Laws.
DISTRICT and MOAB, respectively, shall adopt, maintain and enforce the following within
their respective service areas in such a manner as at all times to comply with applicable
requirements of the Clean Water Act of 1972 and any further or supplementary amendments
thereto:
22.1 Charges. A system of charges to ensure that DISTRICT and MOAB, respectively, is each
able to pay its proportionate share of the cost of operation, maintenance, expansion,
rehabilitation and improvement of the MOAB Wastewater System.
22.2 Sewer Use Regulations. A resolution or ordinance related to sewer use containing
provisions that are, at a minimum, as stringent as provisions appearing in the current MOAB
Municipal Code, provided that such provisions are lawful and of uniform application.
22.3 Outside Use. DISTRICT shall not knowingly allow any user from outside its service area
to discharge Wastewater into its Sewer System without the prior written approval of MOAB.
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Article 23. Miscellaneous Provisions.
23.1 No Waiver. The failure of either party to this Agreement to insist upon strict compliance
with any provision of this Agreement shall not constitute a waiver by said party of its right
thereafter to enforce any such provision or any other provision of the Agreement.
23.2 Changes in Law. Unless clearly stated to the contrary, any provision of this Agreement
which refers to a federal, state or local law, rule, regulation, standard or industry guideline,
shall be construed to refer to the most current applicable version of the same so as to
ensure that the requirements of this Agreement are consistent at all times with the
currently applicable requirements and standards. In the event of a conflict between this
Agreement and any applicable state or federal law, rule or regulation, the law, rule or
regulation shall control.
23.3 Non -assignable Agreement. Both parties may assign any right under this Agreement with
the written consent of the other party, and any unauthorized purported assignment shall
be null and void.
23.4 Interpretation of Agreement. This Agreement, or any portion thereof, shall not be
interpreted by a court of law to the detriment of a party based solely upon that party's
authorship of the Agreement or any provision herein. Each party has been involved in
the drafting and preparation of this Agreement and it is hereby expressly agreed that any
uncertainty or ambiguity contained herein shall not be construed for or against either
party. Each party has had the opportunity to be represented by legal counsel of its choice
in negotiating this Agreement. This Agreement shall be deemed to have been negotiated
and prepared at the joint request, direction and construction of the parties, at arm's
length, with the advice and participation of counsel, and will be interpreted in accordance
with its terms without favor to or disfavor against either party.
23.5 Governing Law. Except as expressly stated herein, this Agreement shall be made pursuant
to and shall be construed in accordance with the laws of the state of Utah.
23.6 Relationship of Parties. Neither the execution nor delivery of this Agreement nor actions
to complete this Agreement shall create or constitute a partnership, joint venture, joint
enterprise or any other form of business organization or arrangement between the
parties, except for the contractual arrangements specifically set forth herein. Except as
set forth herein, no party, or any of its agents, officers or employees, has any power to
assume or create any obligation on behalf of the other party. Neither party is nor shall
be the legal representative or agent of the other party for any purpose and a party shall
have no power to assume or create, in writing or otherwise, any obligation or
responsibility of any kind, expressed or implied, in the name or on behalf of the other
party, and neither party shall have any obligation with respect to the other party's debts
or other liabilities.
Agenda
Page 162 of 191
23.7 Modification or Amendment to Agreement. Except as provided herein, this Agreement
shall not be modified, amended or altered except upon the written agreement of MOAB
and DISTRICT, duly executed and adopted by the MOAB City Council and the DISTRICT
Board of Trustees.
23.8 Modification/Amendment of Ordinances/Rules and or Standards. Whenever either party
intends to amend its sewer use ordinance or resolution and/or any rules or regulations
related to the operation of its Wastewater System that may affect the other party, except
as otherwise specifically provided herein, such party shall notify the other party in writing
and provide a sixty-day (60) review and comment period.
23.9 No Rights to Third Parties. This Agreement is between MOAB and DISTRICT only and
creates no rights in or to third parties as beneficiaries under this Agreement. Nothing in
this Agreement is intended or shall be construed to confer upon or give to any person or
entity, other than the parties hereto, any right, remedy or claim under or by reason of
this Agreement. All covenants, terms, conditions and provisions in this Agreement shall
be for the sole and exclusive benefit of the parties. Nothing in this Agreement is intended
to interfere with any agreement of any party with any third party.
23.10 Severability. In the event that any provision of this Agreement is determined and
adjudged to be unconstitutional, invalid, illegal or unenforceable, the remaining
provisions of this Agreement shall remain in full force and effect, and the parties hereto
shall negotiate in good faith and agree to such amendments or modifications of or to this
Agreement or other appropriate actions as shall, to the maximum extent practicable in
light of such determination, implement and give effect to the intentions of the parties
hereto.
23.11 Headings and Captions. Headings and captions contained in this Agreement are for
convenience only and are not intended to alter any provision of the Agreement.
23.12 Entire Agreement. The terms, covenants, conditions and provisions of this Agreement,
including the present and all future attachments, shall constitute the entire agreement
between the parties hereto, superseding all prior agreements and negotiations. This
Agreement shall be binding upon and inure to the benefit of the respective successors
and permitted assigns of the parties hereto.
23.13 Notice. Any notice required or permitted under the provisions of this Agreement shall be
in writing, and be sufficiently given if delivered in person or sent by U.S. Mail, postage
prepaid, addressed as follows:
If DISTRICT:
Board Chair
Spanish Valley Water and Sewer Improvement District
3025 Spanish Trail Road
Moab, UT 84532
Agenda
Page 163 of 191
If MOAB:
Mayor
Moab City
217 E. Center Street
Moab, UT 84532
23.14 Counterparts. This Agreement may be executed in as many counterparts as the parties
deem necessary and each counterpart, so executed, shall be considered one and the same
instrument.
23.15 Force Majeure. By reason of Force Majeure, if any party shall be rendered partially or
wholly unable to carry out its obligations under this Agreement, and if such party shall
give notice in writing of the full particulars of Force Majeure to the other party
immediately after discovery of the occurrence of the event or cause relied upon, the
obligation of the party giving such notice, so far as it is affected by such Force Majeure,
with the exception of any obligation of DISTRICT to pay for services actually received from
MOAB hereunder, shall be suspended during the continuance of the inability then claimed,
and such party shall use its best efforts to remove or overcome such inability with all
reasonable dispatch.
23.16 Remedies. All remedies provided in this Agreement are distinct and cumulative to any
other right or remedy under this Agreement or afforded by law or equity, and may be
exercised concurrently, independently or successively.
23.17 Consent. Whenever a party's consent is required under this Agreement, such consent
shall not unreasonably be withheld.
23.18 Recitals. The recitals appearing at the beginning of this Agreement are incorporated by
reference as part of this Agreement.
23.19 Personnel and Equipment. Each party, to the extent needed, shall supply at its own cost
all personnel, equipment, supplies and materials necessary to perform its obligations and
intended actions as set forth in this Agreement.
23.20 Financing. The primary financial aspects of this Agreement are specified in Articles 5, 6
and 7. Each party will be responsible for maintaining its own financial budget for both
income and expenditures arising under this Agreement.
23.21 Personnel Status. MOAB and DISTRICT employees providing services pursuant to or
consistent with the terms of this Agreement are solely the officers, agents or employees
of the employing party. Each party shall assume any and all liability for the payment of
salaries, wages, and other compensation due or claimed to be due its employees,
including worker's compensation claims, and each party shall defend, indemnify and hold
the other party harmless there from. MOAB shall not be liable for compensation or
Agenda
Page 164 of 191
indemnity to any DISTRICT employee and DISTRICT shall not be liable for compensation
or indemnity to any MOAB employee for any injury or sickness arising out of his/her
employment, and each party hereby agrees to defend, indemnify and hold the other party
harmless against any such claim.
Article 24. MOAB Wastewater Advisory Board.
24.1 MOAB agrees to create a Wastewater Advisory Board with the DISTRICT. The Wastewater
Advisory Board will consist of two (2) members as appointed by the MOAB City Council
and two (2) members as appointed by the DISTRICT Board. Members will rotate in three
(3) year appointments. In addition, if in the future MOAB provides regional wastewater
services to additional regional Users, members from each respective regional customer
community may be added to the MOAB Wastewater Advisory Board. The Board may elect
a chairperson and a vice -chairperson from amongst its members. The Board shall meet
at least twice a year and may meet more often on an as -needed basis at the call of the
chairperson.
24.2 The Advisory Board may provide non -binding recommendations to MOAB in areas
concerning MOAB Wastewater System operations, budgets, improvements, policies,
permits, and procedures.
Article 25. INTERLOCAL COOPERATION ACT.
25.1 Statutory Requirements. In satisfaction of the requirements of the Interlocal Cooperation
Act in connection with this Agreement, the parties agree as follows:
A. This Agreement shall be authorized and adopted by resolution of the legislative body of
each party, pursuant to and in accordance with the provisions of Section 11-13-202.5 of the
Interlocal Cooperation Act;
B. This Agreement has been reviewed as to proper form and compliance with applicable law
by a duly authorized attorney on behalf of each party pursuant to and in accordance with
Section 11-13-202.5(3) of the Interlocal Cooperation Act;
C. A duly executed original counterpart of this Agreement shall be filed immediately with
the keeper of records of each party pursuant to Section 11-13-209 of the Interlocal
Cooperation Act; and
D. The Mayor of MOAB and Chairman of the DISTRICT Board of Trustees are hereby
designated as joint -administrators for all purposes of the Interlocal Cooperation Act,
pursuant to Utah Code Ann. § 11-13-207 of the Interlocal Cooperation Act, with all powers
conferred upon them by law. To the extent necessary, voting will be based upon one vote
per party, pursuant to Utah Code Ann. § 11-13-206(1)(g).
i
Agenda
Page 165 of 191
IN WITNESS WHEREOF, the parties have authorized this Agreement to be executed and attested
by their undersigned officers.
MOAB CITY, UTAH ATTEST:
Mayor City Recorder
SPANISH VALLEY WATER AND SEWER IMPROVEMENT DISTRICT
Chairperson Clerk
Exhibits to This Agreement
Exhibit 1- Metering Stations and Connection Points
Exhibit 2-Bowen Collins Technical Memorandums #1 and #2
Exhibit 3-Spanish Valley Water and Sewer Improvement District Service Area Boundary
Agenda
Page 166 of 191
See GWSSA data disclaimer for important information
Appendix B
Cost Share Model
Agenda
Page 168 of 191
Bowen Collins
die& Associates, Inc.
CONSULTING ENGINEERS
TECHNICAL MEMORANDUM # 1
TO: Rebecca Davidson
Moab City
COPIES: File
FROM: Keith Larson P.E.
Jeff Beckman P.E.
Bowen, Collins & Associates
154 East 14000 South
Draper, Utah 84020
DATE: September 21, 2016
PROJECT: Sewer Rate Study
SUBJECT: Residential Equivalent Study
INTRODUCTION
Bowen Collins & Associates (BC&A) has been retained by Moab City (City) to do a study on equivalent
residential units (ERUs) for the City. An ERU is the typical water use amount for a single family
residence measured in gallons per day or gallons per month. This represents the average flow and
strength of wastewater for a residential connection to the City.
The purpose of this study is to create a basis for the City to relate flow from larger non-residential
customers to the flow of an average residential connection or ERU. By defining the flow of all the
different customer types in terms of ERUs, the City will be able equally allocate the costs of service in
the sewer system to the various system users. This memorandum examines the basis of an ERU in
the City and proposes a method of ERU calculation for different customer types.
ERU DEFINITION
The definition of an ERU should be defined based on the average characteristics of a single family
residential connection. Based on water use records for 2016, the average residential connection had
indoor water use of approximately 4,400 gallons during the peak month of the year. Historically, the
City has used an expected domestic wastewater concentration of 300 mg/L when calculating
Biological Oxygen Demand (BOD) loading and 280 mg/L when calculating Total Suspended Solids
(TSS) loading.
Based on this information, the following definitions and equations are proposed to calculate the
number of ERUs for different customer types. To accurately reflect the impact of customers on both
collection and treatment facilities, ERUs will be defined in terms of both flow and strength. Fractional
ERU values are rounded up to the next whole number.
Agenda
Page 169 of 191
ERU Definition Based on Flow
(1) 1 ERUBow = 4,400 gal/month
ERU Definition Based on BOD
(2) 1 ERUBOD = 300 mg/L x (8.345 x 10-6 lbs L/mg gal ) x 4,400 gal/month
1 ERUBOD = 11.0 lbs/month
ERU Definition Based on TSS
(3) 1 ERUTss = 280 mg/L x (8.345 x 10-61bs L/mg gal ) x 4,400 gal/month
1 ERUTss = 10.3 lbs/month
Equation to Calculate ERU Value Based on Flow
(4) # of ERUflow = Customer Flow gal/month
4,400 gal/month per RE
Equation to Calculate ERU Value Based on BOD
(5)
# of ERUBoD = BODconc mg/L x (8.345 x 10-6) x Cust. Flow gal/month
11.0 lbs/month per ERU
Equation to Calculate ERU Value Based on TSS
(6) # of ERUTss = TSScnnc mg/L x (8.345 x 10-6) x Customer Flow gal/month
10.3 lbs/month per ERU
Equation to Calculate Number of Treatment ERUs Based on Cost Weighted Average of Flow, BOD, &
TSS
(7)
# of Treatment ERUwtAve = (ERUflowX 33.3%) + (ERUBoD x 33.3%) + (ERUTss x 33.3%)
The cost weighted average approach described above takes the estimated percentage spent by the
City on treatment based on total flow, BOD, and TSS and calculates a weighted ERU value. For this
study, costs have been divided evenly between the three categoriesl.
1 To develop a more refined estimate of actual costs would require a full cost -of -service analysis of the detailed design of
the new treatment plant and its subsequent operation costs. Since this data will not be available for several years, the costs
have been approximated as shown. These are believed to be relatively accurate estimates based on costs as observed at
other established plants. A cost analysis of the Central Valley Water Reclamation Facility in Salt Lake City, Utah calculated
costs at 30% flow, 31% BOD, and 39% TSS. A similar analysis of the Timpanogos Wastewater Treatment Plant in Pleasant
Grove, Utah calculated costs at 56% flow, 24% BOD, and 20% TSS. While costs will vary from plant to plant depending on
the treatment process used and the quality of wastewater being received, the estimate contained here seems reasonable in
the absence of additional data.
Agenda
Page 170 of 191
CUSTOMER ERU CATEGORIES
Based on the City's current customer billing types, BC&A would propose ten different customer
categories for defining ERUs as identified in Table 1.
Table 1
Proposed ERU Customer Categories
Customer Category
Notes
Residential - Single Family
Includes typical single family residential along with trailers,
town homes, duplexes, and large multifamily (see below).
Residential - Multifamily
Includes all apartments and condos up to a maximum size of
1,500 square feet per unit. All larger multifamily to be
grouped with single family residential.
Overnight Accommodations
Any overnight accommodations with sewer service including
hotels, motels, and bed & breakfasts.
Commercial/Retail
Office
Restaurant
Any business whose primary function is to prepare and serve
food (including fast food).
Schools
Gas Station/Convenience Store
RV/Campground
Other
Any development that is not adequately represented by one
of the categories above. Could include medical, churches, car
washes, laundromats, etc.
ERU CATEGORY CALCULATIONS
For the proposed customer categories listed above, BC&A has developed a recommended definition
for both Flow ERUs and Treatment ERUs as summarized in Table 2. Definitions for Flow ERUs in this
table are based on historic flow data as available from 2016 water use records for Moab City
customers. Flow equivalency has been based on estimated peak month indoor water use as
approximated from April 2016 water use.
Because water quality data is not readily available for the various Moab City customer categories,
Treatment ERUs have been based on data collected as part of a detailed water quality study
completed by BC&A for Mt. Olympus Improvement District completed in 2012. Historical data used
to assemble the results are contained in Appendix A.
Agenda
Page 171 of 191
Table 2
Proposed ERU Definitions by Customer Category
Customer Type
Flow Only Definition
1ERU =
Treatment Definition
1ERU =
Residential - Single Family
1 residence
1 residence
Residential - Multifamily
1.8 units
1.8 units
Overnight Accommodations
1.2 units
1.2 units
Commercial/Retail
6,500 ft2
6,500 ft2
Office
4,000 ft2
4,000 ft2
Restaurant
10.6 Seats
4.7 Seats
Schools
15 Students
15 Students
Gas Station/Convenience Store
3,600 ft2
3,600 ft2
RV/Campground
By Study
By Study
Other
By Study
By Study
It is recommended that the definitions proposed in Table 2 be used to calculate the number of Flow
and Treatment ERUs in the Moab, Spanish Valley Water & Sewer Improvement District, and other
systems. This can be accomplished as outlined in Equation (8).
Equation to Calculate Number of ERUs Based on ERU Definition
(8) Number of ERUs = Customer Facility Size (ft2, # seats, etc.)
ERU Definition
Agenda
Page 172 of 191
Moab Historical Water Use by Customer Category (2016)
Residential - Single Family
1 Residential
2 Residential
Trailer Courts
Trailer Court/House
Trailer Court/2 Apts/House
County Residential
Total
Connections
1365
11
12
1
2
12
1403
Units
1368
18
349
3
22
12
1772
Quantity
(Peak Month)
- kgals
6019.2
79.2
1490.5
30.0
108.0
52.8
7779.741787
Peak Month Indoor
Water consumption
kgals
4.40
4.40
4.27
10.00
4.91
4.40
4.39
Peak Month Indoor
Water consumption
gpd
144.7
144.7
140.4
328.8
161.4
144.7
144.3
ERUs
1368.0
18.0
338.8
6.8
24.5
12.0
1768.1
Residential - Multifamily
House/Apartments
8
16
39.1
2.4
80.4
8.9
Apartments
77
398
972.9
2.4
80.4
221.1
Total
85
414
1012
2.4
80.4
230.0
Overnight Accommodations
Hotel/Motel/B&B
64
2393.1
8774.9
3.7
120.5
1994.3
Bed & Breakfast 52.94
2
2
2.0
1.0
32.9
0.5
Restaurant Correction
-5
-5
-64.9
" ^
"'" '
Total
61
2390.142857
8711.957143
3.6
119.8
1980.0
Commercial/Retail
Business/House
6
11
104.0
9.5
310.8
23.6
Business
138
138
3277.2
23.7
780.8
744.8
Business - 4 month water usage
6
7
22.3
3.2
104.6
5.1
County Business
1
1
6.0
6.0
197.3
1.4
2 Commercial
1
2
2.0
1.0
32.9
0.5
Restaurant Correction
-9
-9
-132.2
-14.7
-482.9
-30.0
RV/Campground Correction
-3
-3
-626.1
-208.7
-6861.4
-142.3
Total
140
147
2653.209368
-180.0
-5918.0
603.0
Office
Office Space Rental
24
24
556.0
23.2
761.6
126.4
Restaurant Correction
-4
-4
-57.8
-
-2
-13.1
Total
20
20
498.2
24.9
819.0
113.2
Restaurant
Restaurant/Bar
23
23
1461.0
63.5
2088.4
332.0
Restaurant/Bar Billed Under Other Categories
20
20
281.3
14.1
462.4
63.9
Total
43
43
1742.3
40.5
1332.1
396.0
Schools
School
7
7
97.0
13.9
455.6
22.0
School - 4 month winter usage
6
6
31.0
5.2
169.9
7.0
Total
13
13
128
9.8
323.7
29.1
Gas Station/Convenience Store
Gas Station/Convenience Store
6
6
411.4
68.6
2254.4
93.5
Restaurant Correction
-2
-2
-26.4
-13.2
-434.0
-6.0
Total
4
4
385.0
96.3
3164.6
87.5
RV/Campground
RV/Campground Billed Other Categories
3
3
626.1
208.7
6861.4
142.3
Total
3
3
626.1
208.7
6861.4
142.3
Other
Church
1
1
1.0
1.0
32.9
0.2
Church - 4 months Winter Usage
8
8
57.0
7.1
234.2
13.0
Govt - 4 month winter usage
3
3
10.0
3.3
109.6
2.3
Medical Office
4
4
21.0
5.3
172.6
4.8
Hospital
3
3
431.0
143.7
4723.3
98.0
Total
19
19
520
27.4
899.8
118.2
Totals
Residential - Single Family
Other
Total
1403
1772
7779.741787
4.4
144.3
1768.1
388
3053.142857
16276.79508
5.3
175.3
3699.3
1791
4825.142857
24056.53687
5.0
163.9
5467.4
Agenda
Page 173 of 191
SVW&SID Historical Water Use by Customer Category (2016, including commited but not yet connected)
Residential - Single Family
Connections
Units
Quantity
(Peak Month)
- kgals
Peak Month Indoor
Water consumption
kgals
Peak Month Indoor
Water consumption
gpd
ERUs
Residential
1851
1851
8144.4
4.4
144.7
1851.0
Trailer Court
8
112.0
493
4.4
144.7
112.0
Total
1859
1963.0
8637.4
4.4
144.7
1963.0
Residential - Multifamily
All
16
135
330
2.4
80.4
75.0
Total
16
135
330
2.4
80.4
75.0
Overnight Accommodations
All
6
135.5
497
3.7
120.5
113.0
Total
6
135.5
497
3.7
120.5
113.0
Commercial/Retail
All
60
60
414.25
6.9
227.0
94.1
Total
60
60
414.25
6.9
227.0
94.1
Office
All
17
17
170.4
10.0
329.5
38.7
Total
17
17
170.4
10.0
329.5
38.7
Restaurant
All
3
3
83
27.7
909.6
18.9
Total
3
3
83
27.7
909.6
18.9
Schools
All
2
2
95
47.5
1561.6
21.6
Total
2
2
95
47.5
1561.6
21.6
Gas Station/Convenience Store
All
3
3
410
136.7
4493.2
93.2
Total
3
3
410
136.7
4493.2
93.2
RV/Campground
All
7
430
938
2.2
71.7
213.2
Total
7
430
938
2.2
71.7
213.2
Other
All
25
25
334.6
13.4
440.0
76.0
Total
25
25
334.6
13.4
440.0
76.0
Totals
Residential - Single Family
Other
Total Connections
1859
1963.045455
8637.4
4.4
144.7
1963.0
139
810.5454545
3272.25
4.0
132.7
743.7
1998
2773.590909
11909.65
4.3
141.2
2706.7
Agenda
Page 174 of 191
Moab City Wastewater System - Cost Share Model
Projected Year
FYE 2015
FYE
2016
FYE 2017
FYE 2018
FYE 2019
FYE 2020
FYE 2021
FYE 2022
FYE 2023
FYE 2024
FYE 2025
FYE 2026
FYE 2027
FYE 2028
FYE 2029
FYE 2030
FYE 2031
FYE 2032
FYE 2033
FYE 2034
FYE 2035
Moab Sewer Flows (MGD)
0.77
0.78
0.79
0.80
0.81
0.82
0.83
0.84
0.85
0.85
0.86
0.87
0.88
0.89
0.90
0.91
0.92
0.93
0.94
0.95
0.96
GWSSA Sewer Flows (MGD)
0.38
0.38
0.39
0.40
0.41
0.42
0.42
0.43
0.44
0.45
0.46
0.47
0.48
0.49
0.50
0.51
0.52
0.53
0.54
0.55
0.56
USU Sewer Flows (MGD)
0.00
0.00
0.00
0.00
0.01
0.02
0.03
0.04
0.05
0.06
0.07
0.08
0.09
0.10
0.11
0.12
0.13
0.14
0.15
0.16
0.166175
San Juan Sewer Flows (MGD)
0.00
0.00
0.00
0.00
0.00
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.04
0.05
0.05
0.05
0.05
0.05
0.05
0.05
0.05
Septage Sewer Flows (MGD)
0.004992
0.005245
0.005498
0.005750
0.006003
0.006256
0.006509
0.006762
0.007014
0.007267
0.007520
0.007773
0.008026
0.008278
0.008531
0.008784
0.009037
0.009290
0.009542
0.009795
0.010048
Committed Sewer Flows - Peak Month, Ave. Day (A
1.16
1.17
1.19
1.21
1.23
1.30
1.33
1.35
1.38
1.41
1.44
1.47
1.50
1.53
1.56
1.59
1.61
1.66
1.69
1.71
1.75
Moab Flow ERUs
5,349
5,408
5,467
5,527
5,588
5,649
5,712
5,774
5,838
5,902
5,967
6,033
6,099
6,166
6,234
6,303
6,372
6,442
6,513
6,584
6,657
GWSSA Flow ERUs
2,602
2,654
2,707
2,761
2,816
2,873
2,930
2,989
3,049
3,109
3,172
3,235
3,300
3,366
3,433
3,502
3,572
3,643
3,716
3,790
3,866
USU Flow ERUs
0
0
0
0
68
135
203
270
338
405
473
540
608
675
743
810
878
945
1,013
1,080
1,148
San Juan Flow ERUs
0
0
0
0
0
265
271
277
283
289
295
301
308
314
321
328
335
342
350
357
365
Septage Flow ERUs
34
36
38
40
41
43
45
47
48
50
52
54
55
57
59
61
62
64
66
68
69
Total Flow ERUs
7,985
8,098
8,212
8,328
8,513
8,966
9,160
9,357
9,555
9,756
9,958
10,163
10,370
10,579
10,790
11,003
11,219
11,437
11,657
11,880
12,105
Moab Treatment ERUs
5,975
6,041
6,107
6,174
6,242
6,311
6,380
6,450
6,521
6,593
6,666
6,739
6,813
6,888
6,964
7,040
7,118
7,196
7,275
7,355
7,436
GWSSA Treatment ERUs
2,830
2,886
2,944
3,003
3,063
3,124
3,187
3,250
3,315
3,382
3,449
3,518
3,589
3,660
3,734
3,808
3,885
3,962
4,041
4,122
4,205
USU Treatment ERUs
0
0
0
0
85
170
255
340
425
510
595
680
765
850
935
1,020
1,105
1,190
1,275
1,360
1,445
San Juan Treatment ERUs
0
0
0
0
0
288
295
301
307
314
321
328
335
342
349
357
364
372
380
388
397
Septage Treatment ERUs
1,246
1,310
1,373
1,436
1,499
1,562
1,625
1,688
1,751
1,814
1,878
1,941
2,004
2,067
2,130
2,193
2,256
2,319
2,383
2,446
2,509
Total Treatment ERUs
10,051
10,236
10,424
10,613
10,889
11,455
11,742
12,030
12,320
12,613
12,908
13,205
13,505
13,807
14,111
14,418
14,728
15,040
15,354
15,671
15,991
Moab Growth Rate
1.1%
1.1%
1.1%
1.1%
1.1%
1.1%
1.1%
1.1%
1.1%
1.1%
1.1%
1.1%
1.1%
1.1%
1.1%
1.1%
1.1%
1.1%
1.1%
1.1%
GWSSA Growth Rate
2.0%
2.0%
2.0%
2.0%
2.0%
2.0%
2.0%
2.0%
2.0%
2.0%
2.0%
2.0%
2.0%
2.0%
2.0%
2.0%
2.0%
2.0%
2.0%
2.0%
USU Growth Rate
-
NA
NA
NA
#DIV/0!
100.0%
50.0%
33.3%
25.0%
20.0%
16.7%
14.3%
12.5%
11.1%
10.0%
9.1%
8.3%
7.7%
7.1%
6.7%
6.3%
San Juan Growth Rate
2.1%
2.1%
2.1%
2.1%
2.1%
2.1%
2.1%
2.1%
2.1%
2.1%
2.1%
2.1%
2.1%
2.1%
2.1%
2.1%
2.1%
2.1%
2.1%
2.1%
Septage Growth Rate
-
5.1%
4.8%
4.6%
4.4%
4.2%
4.0%
3.9%
3.7%
3.6%
3.5%
3.4%
3.3%
3.1%
3.1%
3.0%
2.9%
2.8%
2.7%
2.6%
2.6%
Overall %Growth from Previous Year
-
1.41%
1.41%
1.41%
2.22%
5.31%
2.17%
2.15%
2.12%
2.10%
2.08%
2.06%
2.03%
2.02%
2.00%
1.98%
1.96%
1.94%
1.93%
1.91%
1.90%
Expenditures
O&M - Collection
$210,000
$217,781
$401,000
$415,863
$432,965
$457,454
$476,141
$495,533
$515,655
$536,535
$558,202
$580,684
$604,012
$628,218
$653,334
$679,395
$706,435
$734,491
$763,601
$793,804
$825,140
O&M - Treatment
$315,000
$327,356
$583,000
$720,780
$751,779
$793,886
$827,620
$862,611
$898,905
$936,551
$975,600
$1,016,103
$1,058,114
$1,101,688
$1,146,883
$1,193,760
$1,242,380
$1,292,807
$1,345,108
$1,399,352
$1,455,610
Capital Expenditures - Collection (R&R)
$492,325
$512,673
$450,000
$463,500
$477,405
$491,727
$506,479
$521,673
$537,324
$553,443
$570,047
$587,148
$604,762
$622,905
$641,592
$660,840
$680,665
$701,085
$722,118
$743,781
$766,095
Capital Expenditures - Collection Expansion
$0
$0
$83,891
$85,067
$122,044
$263,815
$127,504
$128,818
$130,153
$131,509
$132,887
$134,286
$135,707
$137,151
$138,617
$140,107
$141,620
$143,158
$144,719
$146,306
$147,918
Capital Expenditures - Treatment
$0
$0
$10,200,000
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Debt Service
$0_i
$0
($10,200,000)
$573,810
$573,810
$573,810
$573,810
$573,810
$573,810
$573,810
$573,810
$573,810
$573,810
$573,810
$573,810
$573,810
$573,810
$573,810
$573,810
$573,810
$573,810
Total Expenditures
$1,017,325
$1,057,810
$1,517,891
$2,259,020
$2,358,002
$2,580,693
$2,511,554
$2,582,445
$2,655,847
$2,731,850
$2,810,546
$2,892,031
$2,976,406
$3,063,772
$3,154,238
$3,247,912
$3,344,911
$3,415,35/
$3,549,356
$3,657,053
$3,768,573
Allocation of Collection Costs
Moab
84.7%
84.6%
84.5%
84.5%
84.1%
82.9%
82.6%
82.3%
82.0%
81.7%
81.5%
81.2%
80.9%
80.7%
80.5%
80.2%
80.0%
79.8%
79.6%
79.4%
79.2%
GWSSA (Including USU)
15.3%
15.4%
15.5%
15.5%
15.9%
15.7%
16.0%
16.3%
16.6%
16.9%
17.2%
17.4%
17.7%
17.9%
18.1%
18.4%
18.6%
18.8%
19.0%
19.2%
19.4%
San Juan
0.0%
0.0%
0.0%
0.0%
0.0%
1.4%
1.4%
1.4%
1.4%
1.4%
1.4%
1.4%
1.4%
1.4%
1.4%
1.4%
1.4%
1.4%
1.4%
1.4%
1.4%
Septage
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
Total
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
Allocation of Treatment Costs
Moab
59.4%
59.0%
58.6%
58.2%
57.3%
55.1%
54.3%
53.6%
52.9%
52.3%
51.6%
51.0%
50.4%
49.9%
49.3%
48.8%
48.3%
47.8%
47.4%
46.9%
46.5%
GWSSA (Including USU)
28.2%
28.2%
28.2%
28.3%
28.9%
28.8%
29.3%
29.8%
30.4%
30.9%
31.3%
31.8%
32.2%
32.7%
33.1%
33.5%
33.9%
34.3%
34.6%
35.0%
35.3%
San Juan
0.0%
0.0%
0.0%
0.0%
0.0%
2.5%
2.5%
2.5%
2.5%
2.5%
2.5%
2.5%
2.5%
2.5%
2.5%
2.5%
2.5%
2.5%
2.5%
2.5%
2.5%
Septage
12.4%
12.8%
13.2%
13.5%
13.8%
13.6%
13.8%
14.0%
14.2%
14.4%
14.5%
14.7%
14.8%
15.0%
15.1%
15.2%
15.3%
15.4%
15.5%
15.6%
15.7%
Total Costs
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
Pawage p09f3191
Moab City Wastewater System - Cost Share Model
Projected Year
FYE 2015
FYE 2016
FYE 2017
FYE 2018
FYE 2019
FYE 2020
FYE 2021
FYE 2022
FYE 2023
FYE 2024
FYE 2025
FYE 2026
FYE 2027
FYE 2028
FYE 2029
FYE 2030
FYE 2031
FYE 2032
FYE 2033
FYE 2034
FYE 2035
Moab Expenditures
O&M - Collection
$177,926
$184,325
$339,040
$351,234
$364,217
$379,177
$393,213
$407,765
$422,850
$438,488
$454,700
$471,505
$488,925
$506,983
$525,701
$545,104
$565,216
$586,063
$607,671
$630,068
$653,282
O&M - Treatment
$187,254
$193,175
$341,568
$419,326
$430,960
$437,353
$449,716
$462,527
$475,799
$489,547
$503,785
$518,529
$533,796
$549,602
$565,964
$582,901
$600,431
$618,574
$637,351
$656,782
$676,889
Capital Expenditures - Collection (R&R)
$417,130
$433,915
$380,469
$391,468
$401,601
$407,585
$418,267
$429,275
$440,619
$452,307
$464,348
$476,754
$489,533
$502,696
$516,253
$530,217
$544,598
$559,408
$574,659
$590,363
$606,535
Capital Expenditures - Collection Expansion
$0
$0
$83,891
$85,067
$122,044
$263,815
$127,504
$128,818
$130,153
$131,509
$132,887
$134,286
$135,707
$137,151
$138,617
$140,107
$141,620
$143,158
$144,719
$146,306
$147,918
Capital Expenditures - Treatment
$0
$0
$3,278,288
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Debt Service
$0
$0
($3,278,288)
$184,423
$184,423
$184,423
$184,423
$184,423
$184,423
$184,423
$184,423
$184,423
$184,423
$184,423
$184,423
$184,423
$184,423
$184,423
$184,423
$184,423
$184,423
Total Moab Expenditures
$782,309
$811,415
$1,144,967
$1,431,518
$1,503,244
$1,672,353
$1,573,123
$1,612,809
$1,653,845
$1,696,275
$1,740,143
$1,785,497
$1,832,384
$1,880,854
$1,930,959
$1,982,752
$2,036,288
$2,091,625
$2,148,823
$2,207,942
$2,269,047
GWSSA Expenditures
O&M - Collection
$32,074
$33,456
$61,960
$64,629
$68,748
$71,934
$76,327
$80,899
$85,655
$90,604
$95,753
$101,111
$106,685
$112,485
$118,520
$124,799
$131,331
$138,128
$145,198
$152,554
$160,206
O&M - Treatment
$88,683
$92,302
$164,660
$203,944
$217,335
$228,295
$242,589
$257,449
$272,898
$288,962
$305,666
$323,036
$341,100
$359,887
$379,426
$399,747
$420,883
$442,867
$465,733
$489,516
$514,254
Capital Expenditures - Collection (R&R)
$75,195
$78,758
$69,531
$72,032
$75,804
$77,324
$81,191
$85,166
$89,254
$93,459
$97,785
$102,236
$106,818
$111,534
$116,390
$121,391
$126,541
$131,845
$137,310
$142,940
$148,742
Capital Expenditures- Collection Expansion
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Capital Expenditures -Treatment
$0
$0
$1,505,396
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Debt Service
$0
$0
($1,505,396)
$84,687
$84,687
$84,687
$84,687
$84,687
$84,687
$84,687
$84,687
$84,687
$84,687
$84,687
$84,687
$84,687
$84,687
$84,687
$84,687
$84,687
$84,687
Total GWSSA Expenditures
$195,953
$204,517
$296,151
$425,292
$446,575
$462,240
$484,794
$508,201
$532,494
$557,712
$583,891
$611,070
$639,291
$668,594
$699,023
$730,624
$763,443
$797,527
$832,928
$869,698
$907,889
San Juan Expenditures
O&M - Collection
$0
$0
$0
$0
$0
$6,343
$6,600
$6,869
$7,150
$7,443
$7,749
$8,068
$8,401
$8,749
$9,113
$9,492
$9,888
$10,301
$10,732
$11,182
$11,652
O&M - Treatment
$0
$0
$0
$0
$0
$19,989
$20,767
$21,579
$22,428
$23,315
$24,242
$25,209
$26,220
$27,276
$28,378
$29,530
$30,733
$31,989
$33,301
$34,672
$36,103
Capital Expenditures - Collection (R&R)
$0
$0
$0
$0
$0
$6,818
$7,021
$7,232
$7,451
$7,678
$7,913
$8,158
$8,412
$8,675
$8,949
$9,233
$9,527
$9,832
$10,149
$10,478
$10,819
Capital Expenditures - Collection Expansion
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Capital Expenditures - Treatment
$0
$0.
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Debt Service
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Total San Juan Expenditures
$0
$0
$0
$0
$0
$33,150
$34,388
$35,680
$37,029
$38,436
$39,904
$41,435
$43,033
$44,701
$46,440
$48,254
$50,148
$52,122
$54,183
$56,332
$58,574
Septage Expenditures
O&M - Collection
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
O&M - Treatment
$39,063
$41,878
$76,772
$97,511
$103,483
$108,250
$114,548
$121,055
$127,779
$134,727
$141,908
$149,328
$156,998
$164,924
$173,116
$181,582
$190,332
$199,376
$208,722
$218,382
$228,364
Capital Expenditures - Collection (R&R)
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Capital Expenditures -Collection Expansion
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Capital Expenditures -Treatment
$0
$0
$1,961,694
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Debt Service
$0
$0
($1,961,694)
$110,357
$110,357
$110,357
$110,357
$110,357
$110,357
$110,357
$110,357
$110,357
$110,357
$110,357
$110,357
$110,357
$110,357
$110,357
$110,357
$110,357
$110,357
Total Septage Expenditures
$39,063
$41,878
$76,772
$207,868
$213,840
$218,607
$224,905
$231,412
$238,136
$245,084
$252,265
$259,685
$267,355
$275,281
$283,473
$291,939
$300,689
$309,733
$319,079
$328,738
$338,721
Future Growth Expenditures
O&M - Collection
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
O&M - Treatment
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Capital Expenditures - Collection (R&R)
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Capital Expenditures- Collection Expansion
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Capital Expenditures -Treatment
$0
$0
$3,454,623
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Debt Service
$0
$0
($3,454,623)
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
Total Future Growth Expenditures
$0
$0
$0
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
Check: Expenditures = Total?
$0
$0
($0)
$0
$0
$0
$0
($0)
($0)
$0
($0)
($0)
($0)
($0)
$0
($0)
$0
$0
($0)
$0
$0
Impact Fees (Moab)
Income - Collection
$ -
$ -
$ 83,891
$ 85,067
$ 122,044
$ 263,815
$ 127,504
$ 128,818
$ 130,153
$ 131,509
$ 132,887
$ 134,286
$ 135,707
$ 137,151
$ 138,617
$ 140,107
$ 141,620
$ 143,158
$ 144,719
$ 146,306
$ 147,918
Income -Treatment
$ 32,777
$ 32,777
$ 83,998
$ 85,379
$ 161,661
$ 417,216
$ 170,002
$ 171,601
$ 173,229
$ 174,886
$ 176,573
$ 178,290
$ 180,038
$ 181,817
$ 183,629
$ 185,473
$ 187,351
$ 189,263
$ 191,209
$ 193,191
$ 195,209
Expenditures -Collection
$0
$0
$ 83,891
$ 85,067
$ 122,044
$ 263,815
$ 127,504
$ 128,818
$ 130,153
$ 131,509
$ 132,887
$ 134,286
$ 135,707
$ 137,151
$ 138,617
$ 140,107
$ 141,620
$ 143,158
$ 144,719
$ 146,306
$ 147,918
Expenditures - Treatment
$0
$0
$0
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
$194,343
Net Impact Fees
$ -
$ -
$ 83,998
$ (108,964)
$ (32,682)
$ 222,873
$ (24,341)
$ (22,742)
$ (21,114)
$ (19,457)
$ (17,770)
$ (16,053)
$ (14,305)
$ (12,526)
$ (10,714)
$ (8,869)
$ (6,992)
$ (5,080)
$ (3,134)
$ (1,152)
$ 866
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Pawage po9f3191
Moab City Wastewater System - Cost Share Model
Projected Year
FYE 2015 FYE 2016 FYE 2017 FYE 2018 FYE 2019 FYE 2020 FYE 2021 FYE 2022 FYE 2023 FYE 2024 FYE 2025 FYE 2026 FYE 2027 FYE 2028 FYE 2029 FYE 2030 FYE 2031 FYE 2032 FYE 2033 FYE 2034 FYE 2035
Cost Per ERU
Moab
O&M - Collection
$33.27
$34.09
$62.02
$63.55
$65.18
$67.12
$68.85
$70.62
$72.43
$74.29
$76.20
$78.16
$80.16
$82.22
$84.33
$86.49
$88.71
$90.98
$93.30
$95.69
$98.14
O&M - Treatment
$31.34
$31.98
$55.93
$67.92
$69.04
$69.30
$70.49
$71.71
$72.96
$74.25
$75.58
$76.95
$78.35
$79.79
$81.27
$82.79
$84.36
$85.96
$87.61
$89.29
$91.03
Capital Expenditures - Collection (R&R)
$77.99
$80.24
$69.59
$70.83
$71.87
$72.15
$73.23
$74.34
$75.48
$76.63
$77.82
$79.03
$80.26
$81.53
$82.81
$84.13
$85.47
$86.84
$88.24
$89.66
$91.11
Capital Expenditures - Collection Expansion
$0.00
$0.00
$15.34
$15.39
$21.84
$46.70
$22.32
$22.31
$22.29
$22.28
$22.27
$22.26
$22.25
$22.24
$22.24
$22.23
$22.23
$22.22
$22.22
$22.22
$22.22
Capital Expenditures - Treatment
$0.00
$0.00
$536.81
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Debt Service
$0.00
$0.00
($536.81)
$29.87
$29.55
$29.22
$28.91
$28.59
$28.28
$27.97
$27.67
$27.37
$27.07
$26.77
$26.48
$26.20
$25.91
$25.63
$25.35
$25.07
$24.80
Net Impact Fees
$0.00
$0.00
($13.75)
$17.65
$5.24
($35.32)
$3.82
$3.53
$3.24
$2.95
$2.67
$2.38
$2.10
$1.82
$1.54
$1.26
$0.98
$0.71
$0.43
$0.16
($0.12)
Total Moab Expenditures
$143
$146
$189
$265
$263
$249
$268
$271
$275
$278
$282
$286
$290
$294
$299
$303
$308
$312
$317
$322
$327
GWSSA
O&M - Collection
$12.33
$12.61
$22.89
$23.41
$23.84
$23.92
$24.36
$24.82
$25.30
$25.78
$26.27
$26.78
$27.30
$27.84
$28.38
$28.94
$29.52
$30.10
$30.70
$31.32
$31.95
O&M - Treatment
$31.34
$31.98
$55.93
$67.92
$69.04
$69.30
$70.49
$71.71
$72.96
$74.25
$75.58
$76.95
$78.35
$79.79
$81.27
$82.79
$84.36
$85.96
$87.61
$89.29
$91.03
Capital Expenditures - Collection (R&R)
$28.90
$29.68
$25.69
$26.09
$26.29
$25.71
$25.92
$26.13
$26.36
$26.59
$26.83
$27.08
$27.34
$27.60
$27.87
$28.15
$28.44
$28.73
$29.04
$29.35
$29.67
Capital Expenditures - Collection Expansion
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Capital Expenditures - Treatment
$0.00
$0.00
$511.34
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Debt Service
$0.00
$0.00
($511.34)
$28.20
$26.90
$25.71
$24.61
$23.59
$22.64
$21.76
$20.94
$20.17
$19.45
$18.78
$18.14
$17.54
$16.97
$16.44
$15.93
$15.45
$14.99
Total GWSSA Expenditures
$73
$74
$105
$146
$146
$145
$145
$146
$147
$148
$150
$151
$152
$154
$156
$157
$159
$161
$163
$165
$168
San Juan
O&M - Collection
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
$23.92
$24.36
$24.82
$25.30
$25.78
$26.27
$26.78
$27.30
$27.84
$28.38
$28.94
$29.52
$30.10
$30.70
$31.32
$31.95
O&M -Treatment
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
$69.30
$70.49
$71.71
$72.96
$74.25
$75.58
$76.95
$78.35
$79.79
$81.27
$82.79
$84.36
$85.96
$87.61
$89.29
$91.03
Capital Expenditures - Collection (R&R)
#DIV/0!
#DIV/01
#DIV/01
#DIV/0!
#DIV/0!
$25.71
$25.92
$26.13
$26.36
$26.59
$26.83
$27.08
$27.34
$27.60
$27.87
$28.15
$28.44
$28.73
$29.04
$29.35
$29.67
Capital Expenditures - Collection Expansion
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Capital Expenditures- Treatment
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Debt Service
#DIV/01
#DIV/0!
#DIV/0!
#DIV/01
#DIV/01
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total San Juan Expenditures
#DIV/01
#DIV/01
#DIV/0!
#DIV/01
#DIV/01
$119
$121
$123
$125
$127
$129
$131
$133
$135
$138
$140
$142
$145
$147
$150
$153
Septage
O&M - Collection
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
O&M - Treatment
$31.34
$31.98
$55.93
$67.92
$69.04
$69.30
$70.49
$71.71
$72.96
$74.25
$75.58
$76.95
$78.35
$79.79
$81.27
$82.79
$84.36
$85.96
$87.61
$89.29
$91.03
Capital Expenditures - Collection (R&R)
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Capital Expenditures - Collection Expansion
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Capital Expenditures - Treatment
$0.00
$0.00
$1,429.14
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Debt Service
$0.00
$0.00
($1,429.14)
$76.86
$73.63
$70.65
$67.91
$65.37
$63.01
$60.82
$58.78
$56.86
$55.07
$53.39
$51.81
$50.32
$48.91
$47.58
$46.32
$45.12
$43.99
Total Septage Expenditures
$31
$32
$56
$145
$143
$140
$138
$137
$136
$135
$134
$134
$133
$133
$133
$133
$133
$134
$134
$134
$135
Cost Per ERU/month
Moab
$ 11.88
$ 12.19
$ 15.76
$ 22.10
$ 21.89
$ 20.76
$ 22.30
$ 22.59
$ 22.89
$ 23.20
$ 23.52
$ 23.85
$ 24.18
$ 24.53
$ 24.89
$ 25.26
$ 25.64
$ 26.03
$ 26.43
$ 26.84
$ 27.27
GWSSA
$ 6.05
$ 6.19
$ 8.71
$ 12.13
$ 12.17
$ 12.05
$ 12.11
$ 12.19
$ 12.27
$ 12.37
$ 12.47
$ 12.58
$ 12.70
$ 12.83
$ 12.97
$ 13.12
$ 13.27
$ 13.44
$ 13.61
$ 13.78
$ 13.97
San Juan
#DIV/0!
#DIV/01
#DIV/01
#DIV/01
#DIV/0!
$ 9.91
$ 10.06
$ 10.22
$ 10.38
$ 10.55
$ 10.72
$ 10.90
$ 11.08
$ 11.27
$ 11.46
$ 11.66
$ 11.86
$ 12.07
$ 12.28
$ 12.50
$ 12.72
Septage Cost Per Gallon
Septage
$ 0.033
$ 0.034
$ 0.060
$ 0.155
$ 0.175
$ 0.171
$ 0.169
$ 0.166
$ 0.165
$ 0.163
$ 0.162
$ 0.160
$ 0.159
$ 0.159
$ 0.158
$ 0.158
$ 0.157
$ 0.157
$ 0.157
$ 0.157
$ 0.158
Average Cost Per Resident/Month - Note: These are approximate values only based on historic report of average residential costs. Actual rates will be calculated as part of the detailed rate study.
Moab
$19.84
$ 20.36
$ 26.32
$ 36.90
$ 36.55
$ 34.67
$ 37.23
$ 37.72
$ 38.22
$ 38.73
$ 39.27
$ 39.81
$ 40.38
$ 40.96
$ 41.56
$ 42.17
$ 42.81
$ 43.46
$ 44.13
$ 44.82
$ 45.52
GWSSA
$8.48
$ 8.68
$ 12.21
$ 17.02
$ 17.07
$ 16.90
$ 16.99
$ 17.09
$ 17.21
$ 17.34
$ 17.48
$ 17.64
$ 17.81
$ 18.00
$ 18.19
$ 18.40
$ 18.61
$ 18.84
$ 19.08
$ 19.33
$ 19.59
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Appendix A
ERU Calculation Memorandum
Agenda
Page 179 of 191
TECHNICAL MEMORANDUM it:
October 2016 Update
TO: Rebecca Davidson
Moab City
COPIES: File
FROM: Keith Larson P.E.
Jeff Beckman P.E.
Bowen, Collins & Associates
154 East 14000 South
Draper, Utah 84020
DATE: October 10, 2016
PROJECT: Sewer Rate Study
SUBJECT: Cost Share of Future Sanitary Sewer System Costs
INTRODUCTION
Moab City (City) is in need of a new wastewater treatment plant. As part of the planning process
for the plant improvements, the City has retained Bowen Collins & Associates (BC&A) to prepare a
sewer rate study. The purpose of this study will be to help the City develop a sustainable rate plan
to finance construction of the new plant and its subsequent operation. As part of this plan, it will be
important to fairly distribute costs among the various users of the plant. The purpose of this
memorandum is to examine the different types of future users that will benefit from the plant and
calculate an appropriate cost share for each.
This memorandum, originally completed on October 28, 2015, has been updated to reflect
additional information obtained since that time. The additional information driving the update can
be grouped into four categories:
1. Moab City O&M Budget: An updated Moab City 0&M budget has been made available to
BC&A. The cost share model has updated to reflect that budget.
2. Impact Fees: In the original memorandum, impact fees were estimated based on
information available at the time. Since October 2015, a new impact fee study has been
completed and a new impact fee structure has been established. The cost share model has
been updated to reflect those proposed impact fees.
3. Wastewater Treatment Plant Costs: Since October, the construction costs of the
wastewater treatment plant have been more accurately estimated and the loan interest rate
is now known. The upfront cash contribution amounts of each entity dedicated to
construction capital costs for the new wastewater treatment plant was not finalized in
October 2015. The initial investment amounts have now been tentatively agreed upon.
Agenda
Page 180 of 191
4. Updated Connection and Flow Data - The original memo was based on connection and
flow data from 2014. To best reflect actual connections at the time of the potential
treatment plant capacity agreement, all data was updated to reflect connections in August of
2016.
PROPOSED COST SHARE APPROACH
BC&A has analyzed the expected future costs associated with Moab City's wastewater system. This
includes construction and future operation of the new wastewater treatment plant as well as the
other operating and capital costs of the system. BC&A also met with and interviewed personnel
from Moab City and Spanish Valley Water & Sewer Improvement District (SVW&SID) to gain insight
into their priorities regarding how the system will be used and operated. Based on our discussions,
we have identified the following objectives for division of future costs associated with operation of
the wastewater system:
1. Moab City wants to maintain ownership of the new treatment plant.
2. The division of costs between entities should be as fair as possible based on the actual cost
of service to each entity.
3. The final cost division should be as easy as possible to implement and administer.
Based on these objectives, BC&A has assembled a proposed cost share approach for the Moab City
wastewater system. The major components of the proposed approach are summarized in Table 1.
The approach is discussed in detail in the following sections.
Capital Costs
There are two types of costs that must be divided between those who are using the system, capital
costs and operation & maintenance costs. This section discusses capital costs. Capital costs can
further be divided into treatment costs and collection system costs.
Treatment. While not the only item of importance in this discussion, construction of a new
treatment plant is the largest single issue that will affect future costs for Moab City. Construction of
the plant will include two types of capacity:
• Replacement of Existing Capacity - The existing Moab City plant currently provides
treatment for up to 1.17 million gallons per day (mgd) of wastewater during the peak
month of the year. There are also additional users that are currently constructing homes
and businesses that will add additional flow to the plant increasing the total committed
capacity to 1.19 mgd. Since the old plant will be abandoned, the new plant must have
capacity to continue to serve these existing users. It is proposed that the portion of plant
costs used to replace existing capacity be divided among existing users based on their
actual use of committed capacity at the time the plant is constructed. In dividing these
costs, several items should be considered:
o Treatment Equivalency - When it comes to treatment capacity, it is not adequate
to look at the portion of flow used by each entity only. The strength of wastewater
must also be considered. This is especially true in Moab. The Moab plant has
historically had a significant portion of its capacity used to receive septage from the
several campgrounds and recreational areas in the vicinity of the City. This is
expected to continue in the future. The strength of wastewater coming from
Agenda
Page 181 of 191
Table 1
Proposed Cost Share Matrix
Cost Category
Capital Costs
Operations and Maintenace
Cost Area
Type of Costs
Treatment
Collecti
n
Treatment
Collection
Replacement of Existing
Capacity
Replacement of Existing Capacity
System O&M
System O&M
Construction of Capacity for
ers
Construction of Capacity for
How costs will be paid for?
Cash on Hand
and/or
Use Charges**
Impact Fees
Use Charges
Impact Fees
Use Charges
Use Charges
What is the basis of total
costs?
Portion of new treatment plant
costs required to serve existing
users
Portion of new treatment plant
costs available to serve future
users
Annual collection system rehabilitation
and replacement budget (1% system
replacement)
Projected costs of construction
Annual treatment O&M per
Moab budget
Annual collection O&M per
Moab budget
How are costs divided?
Proportional use of plant
capacity based on treatment
ERUs. The number of
treatment ERUs are calculated
based on the fomula established
for each type of user in the ERU
study (to be based on peak
month flow and strength).
Not divided between entities.
Capacity is distributed based on
a "first come, first serve" basis.
As a result, the owner of the
facility (Moab City) would carry
all initial costs of this capacity,
but would also receive all
future revenue from related
impact fees.
Proportional use of Moab collection
facilities based on flow ERUs. This will
be calculated in two steps:
1. Use of each pipe calculated based on
proportional flow ERUs conveyed in the
pipe.
2. Contribution of each pipe to the
overall system weighted by length times
flow capacity of pipeline assuming State
minimum slope (estimate of required
O&M effort).
Same as treatment capital costs for
future capacity.
Proportional use of plant
capacity based on treatment
ERUs
Same as collection capital
costs for existing capacity.
When are costs divided?
Calculated only once based on
existing use of capacity.
N/A
Recalculated with each rate study
(approximately once every 3 to 5 years).
N/A
Recalculated annually.
Same as collection capital
costs for existing capacity.
Notes
1. Applies to initial 20-year
period to pay for the new plant
only. After the plant has been
paid for, a treatment rehab and
replacement budget will need to
be established and costs split
similar to treatment O&M.
None.
1. The number of flow ERUs are
calculated based on the fomula
established for each type of user in the
ERU study (to be based on peak month
flow only).
2. ERU study to be updated periodically.
1. Collection impact fees will need
to be calculated for at least two
service areas. One for Moab only
facilities and one for joint facilities.
Only the joint facility fee will apply
to users outside the City and be
remitted to Moab.
1. ERU study to be updated
periodically.
Same as collection capital
costs for existing capacity.
** Each entity will be asked to contribute cash on hand for some minimum percentage of their share of existing treatment costs (i.e. all entities contribute at least xx% of their portion of costs). This money can come from impact fees (pending results of
legal review) or other reserves. The purpose of this contribution will be to minimize the amount of borrowing required by Moab City to construct the plant. If desired, each entity will also be allowed to contribute additional cash on hand to reduce their
total liability for this cost category. If additional cash on hand is contributed, the entity's portion of the remaining bond costs will be reduced correspondingly
D
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Page 182 of 191
septage is 40 to 50 times greater than that of typical domestic wastewater and has a
significant impact on the treatment process. To account for the full range of issues
affecting treatment costs, BC&A would propose defining treatment demand for each
entity (including septage) in terms of a treatment based equivalent resident unit
(treatment ERU). This process is discussed in detail in a memorandum that has
been included in the appendix of this report. Once the number of treatment ERUs
has been defined for each entity, this can be used to calculate the proportionate use
of existing capacity to be replaced.
o Cash vs. Bonding - This cost category represents a large one-time expenditure for
each entity. As a result, each entity will have some decisions to make regarding
how to pay for their portion. To minimize the amount of bonding the City has to
incur, each entity is planning to contribute cash on hand for a portion of their share
of existing treatment costs. Moab City and SVW&SID have tentatively agreed to
make upfront contributions in the amounts of $1,504,000 and $800,000,
respectively. This money could come from impact fee balances (pending results of
legal review) or other reserves. The remaining portion of each entity's cost liability
will be put into a bond and paid for over time through annual user charges. If
desired, each entity could be allowed to contribute additional cash on hand to
reduce their total liability for this cost category. If additional cash on hand is
contributed, the entity's portion of the remaining bond costs would be reduced
correspondingly.
o Rehabilitation and Replacement - It should be noted that this proposed cost share
is for the initial construction costs of the treatment plant only. Since the plant will
be brand new, this should represent the only required capital costs at the plant for
the next several years. As the plant ages, however, a treatment plant rehabilitation
and replacement budget will eventually need to be established. When this occurs,
costs can be divided as discussed for treatment 0&M (to be discussed later).
• Construction of Capacity for Future Users - The new treatment plant is expected to have
a peak month, average day capacity of 1.75 mgd. This means that when the plant is
completed, it is expected that there will be approximately 0.56 mgd of capacity available for
future users. It is not anticipated that any entities will be reserving this future capacity in
the treatment plant. Instead, future capacity will be distributed on a "first come, first
serve" basis to be paid for through impact fees. Since Moab City will maintain ownership of
the plant, it is expected that Moab City will be responsible to carry all debt associated with
future capacity. However, this also means that Moab City will receive all future impact fees
associated with treatment, regardless of where the fess are collected.
It should be noted that this concept applies to both individual lot owners as well as other
entities. For example, there are a large group of potential customers in San Juan County
that currently have sewer service through septic systems. There has been some discussion
of this group bringing their wastewater to Moab City. If this were to occur, Moab would
require an agreement with San Juan County that would include the payment of impact fees
sufficient to secure the capacity in the plant required to serve the new users.
Collection. As with treatment, collection system capital costs will also include two types of
capacity:
Agenda
Page 183 of 191
" R e p l a c e m e n t o f E x i s t i n g C a p a c i t y - S e w e r s y s t e m c o l l e c t i o n p i p e l i n e s h a v e a f i n i t e
l i f e s p a n a n d e v e n t u a l l y n e e d t o b e r e p l a c e d . P a y i n g f o r t h e s e c o s t s b e c o m e s t h e
r e s p o n s i b i l i t y o f a l l w h o u s e c a p a c i t y i n t h e p i p e l i n e s . I t i s p r o p o s e d t h a t t h e s e c o s t s b e
d i v i d e d u s i n g t h e f o l l o w i n g p r i n c i p l e s :
o F l o w E q u i v a l e n c y - B C & A w o u l d p r o p o s e d e f i n i n g f l o w d e m a n d f o r e a c h e n t i t y i n
t e r m s o f a f l o w b a s e d e q u i v a l e n t r e s i d e n t u n i t ( f l o w E R U ) . T h i s p r o c e s s i s
d i s c u s s e d i n d e t a i l i n a m e m o r a n d u m t h a t h a s b e e n i n c l u d e d i n t h e a p p e n d i x o f t h i s
r e p o r t . I n s h o r t , t h e f l o w E R U w o u l d b e b a s e d o n p e a k m o n t h p r o j e c t e d f l o w f o r
v a r i o u s t y p e s o f u s e r s . T h i s i s i n c o n t r a s t t o t h e a l t e r n a t i v e a p p r o a c h o f d e f i n i n g
f l o w b a s e d o n a v e r a g e a n n u a l v o l u m e . P e a k m o n t h f l o w i s d e e m e d a f a i r e r b a s i s o f
c o s t s h a r i n g t h a n a n n u a l v o l u m e b e c a u s e t h e c o l l e c t i o n s y s t e m m u s t b e s i z e d b a s e d
o n p e a k f l o w s .
o U s e o f F a c i l i t i e s - W h i l e M o a b c u s t o m e r s g e n e r a l l y b e n e f i t f r o m t h e e n t i r e
c o l l e c t i o n s y s t e m , t h e s a m e i s n o t t r u e f o r o t h e r e n t i t i e s . S V W & S I D o n l y u s e s
c a p a c i t y i n a r e l a t i v e l y s m a l l n u m b e r o f M o a b ' s t r u n k l i n e s t o c o n v e y i t s w a s t e w a t e r
t o t h e p l a n t . T o a c c o u n t f o r t h i s d i f f e r e n c e i n t h e u s e o f M o a b c o l l e c t i o n f a c i l i t i e s , i t
i s p r o p o s e d t h a t t h e p o r t i o n o f u s e b e c a l c u l a t e d i n t w o s t e p s :
1 . T h e p e r c e n t u s a g e o f e a c h p i p e c a n b e c a l c u l a t e d b a s e d o n p r o p o r t i o n a l
f l o w E R U s c o n v e y e d i n t h e p i p e ( e . g . i f S V W & S I D h a s 4 0 0 E R U s i n a p i p e
t h a t i s c o n v e y i n g 1 , 0 0 0 t o t a l E R U s , i t w o u l d b e a s s i g n e d 4 0 % o f t h a t p i p e ' s
c a p a c i t y ) .
2 . O n c e t h e c a p a c i t y u s e d i n e a c h p i p e l i n e i s c a l c u l a t e d , t h e s e c o n d s t e p i s t o
c a l c u l a t e t h e c o n t r i b u t i o n o f e a c h p i p e t o t h e o v e r a l l s y s t e m . T h i s c a n b e
d o n e b y l o o k i n g a t a w e i g h t e d u s e o f c a p a c i t y f o r a l l p i p e s i n t h e s y s t e m . I t
i s p r o p o s e d t h a t t h e p i p e l i n e s c o n t r i b u t i o n t o t h e s y s t e m b e w e i g h t e d b y
t h e l e n g t h o f e a c h p i p e t i m e s i t s f l o w c a p a c i t y a s s u m i n g S t a t e m i n i m u m
s l o p e . F l o w c a p a c i t y i s c o n s i d e r e d r e p r e s e n t a t i v e o f t h e o v e r a l l r e q u i r e d
m a i n t e n a n c e e f f o r t a s s o c i a t e d w i t h e a c h p i p e . U s i n g t h e S t a t e m i n i m u m
s l o p e a l l o w s t h e s y s t e m t o b e a n a l y z e d g i v e n l i m i t a t i o n s r e l a t i v e t o a c t u a l
p i p e s l o p e d a t a .
o A n n u a l C o s t s - T h e r e a r e t w o p o s s i b l e a p p r o a c h e s f o r d e t e r m i n i n g c o l l e c t i o n
s y s t e m r e p l a c e m e n t c o s t s . O n e a p p r o a c h w o u l d b e t o l o o k a t e a c h r e p l a c e m e n t
p r o j e c t i n d i v i d u a l l y a n d t h e n d e t e r m i n e t h e e x a c t c o s t t o e a c h e n t i t y d e p e n d i n g o n
w h i c h p i p e l i n e s a r e b e i n g r e p l a c e d . I n a d d i t i o n t o b e i n g e x t r e m e l y c o m p l i c a t e d ,
t h i s a p p r o a c h h a s t h e a d d e d d i s a d v a n t a g e o f r e s u l t i n g i n u n e v e n c o s t s f o r e n t i t i e s
o u t s i d e o f M o a b C i t y . I n s o m e y e a r s , t h e s e e n t i t i e s m a y h a v e n o c o s t s a s t h e C i t y
f o c u s e s i t s e f f o r t s o n r e p l a c e m e n t o f p i p e l i n e s s e r v i n g o n l y M o a b C i t y c u s t o m e r s . I n
o t h e r y e a r s c o s t s , t h e o u t s i d e e n t i t i e s c o u l d b e h i t w i t h e x t r e m e l y h i g h c o s t s w h e n a
m a j o r t r u n k l i n e n e e d e d t o b e r e p l a c e d . T h i s c r e a t e s p r o b l e m s f o r o u t s i d e e n t i t i e s
o n t w o f r o n t s . F i r s t , i t m a k e s i t v e r y d i f f i c u l t t o s e t c o n s i s t e n t s e w e r r a t e s . S e c o n d ,
i f t h e e n t i t y d o e s n o t h a v e e n o u g h m o n e y t o f u n d a l a r g e p r o j e c t , i t w i l l b e d i f f i c u l t
t o b o n d f o r t h e p r o j e c t s i n c e i t i s o w n e d a n d w i l l b e c o n s t r u c t e d b y M o a b C i t y .
W h a t a p p e a r s t o b e a b e t t e r a p p r o a c h i s t o c h a r g e a f i x e d a m o u n t t o e a c h o u t s i d e
e n t i t y b a s e d o n t h e i r e x p e c t e d a v e r a g e a n n u a l p o r t i o n o f c o l l e c t i o n s y s t e m
r e p l a c e m e n t c o s t s . I n t h i s c a s e , M o a b w o u l d c o l l e c t t h e a m o u n t f o r e a c h e n t i t y o n a
c o n s i s t e n t b a s i s a n d t h e n s p e n d t h e m o n e y a s n e e d e d . I f b o n d i n g w a s r e q u i r e d f o r
A g e n d a
P a g e 1 8 4 o f 1 9 1
particularly large projects, it could all be handled by Moab internally. The proposed
budget amount would be initially set at 1% of the Moab system replacement value.
Each entity would pay a portion of this based on its percent use of the overall
system as discussed previously. The proposed budget equates to an average life
span of 100 year for sewer system collection components. This is likely longer than
can realistically be expected, but is a good rule of thumb for system renewal when
asset management data is limited.
o Periodic Recalculation - It is expected that the system value and each entity's use
of the system will slowly change over time. As a result, it will be important to
periodically re-examine each of these elements. It is proposed that these items be
recalculated with each rate study (assumed to be once every 3 to 5 years)
• Construction of Capacity for Future Users - Although not specifically identified at this
time, it is expected that some additional pipeline projects will need to be constructed for
the purpose of accommodating flow from future users. Similar to the treatment plant, it is
not anticipated that any entities will be reserving future capacity in these pipelines.
Instead, future capacity will be distributed on a "first come, first serve" basis to be paid for
through impact fees. Since Moab City will maintain ownership of the pipeline, it is expected
that Moab City will be responsible to carry all costs associated with future pipeline
capacity. However, this also means that Moab City will receive all future impact fees
associated with collection capacity inside the Moab City system, regardless of where the
impact fees are collected.
This does not mean that other entities cannot have their own collection impact fee.
However, their fee will need to be separate from that collected for capacity inside the Moab
collection system.
Operation and Maintenance Costs
The second major category of costs in the Moab City wastewater system is operation and
maintenance (0&M) costs. As with capital costs, operation and maintenance costs can be divided
into treatment costs and collection system costs.
Treatment. It is proposed that operation and maintenance costs at the treatment plant be divided
based on treatment equivalency as defined previously in the section regarding treatment capital
costs. The only difference between capital costs and 0&M costs is that 0&M costs will be
reexamined on an annual basis. Each year the total 0&M budget will be updated to reflect actual
costs and the cost share will be updated to reflect the growth for each entity during the previous
year.
It should be emphasized that, under this approach, all entities would be charged a fixed amount
each month based on the number and type of customers connected to the system. This is in
contrast to a variable approach in which the amount charged each month is based on metered flow
and strength. BC&A carefully considered both of these approaches. Ultimately charging a fixed
amount each month was selected for the recommended approach because of several advantages:
• Equitable Distribution of Costs - The basis of the fixed charge will be the treatment ERUs
per entity as discussed above. These ERUs represent the expected demand of customers
during peak demand periods. The great majority of sewer system costs are most closely
tied to peak capacities. Peak demands determine the sizing of all capital equipment which,
in turn, determines most maintenance costs. Peak demands also establish staffing costs, the
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largest single expenditure associated with 0&M. In contrast, 0&M costs associated with the
volume of wastewater produced are comparatively small (power consumption and some
chemical costs). Given the two alternatives, charging based on peak demand is much more
reflective of the true cost of service for each entity.
• Revenue Stability - Fixed charges mean that revenue from outside entities will be
consistent from month to month. This will help Moab City to plan and manage its annual
budget. It also simplifies budgeting for outside entities since they can plan on a consistent
expense for treatment from month to month.
• Simplicity - Fixed charges are extremely easy to calculate and administer. All that is
necessary is to keep track of the number and type of new connections each year so that ERU
values for each entity can be updated annually. In contrast, charging variable rates requires
accurate flow metering that all parties agree on. Depending on how the rates are
structured, it may also require frequent sampling of wastewater from each entity to assign
strength values. These additional complications can add significantly to the bottom line
cost of operating the system.
Collection. It is proposed that operation and maintenance costs for the collection system be
divided in the same manner as defined previously in the section regarding collection replacement
capital costs for existing capacity.
CALCULATED COST SHARE BASED ON PROPOSED APPROACH
Based on the approach described above, BC&A has assembled a cost share model for the Moab City
wastewater system. The full, detailed model is contained in the appendix of this report. The
following sections highlight the major results of the model. It should be noted that the model
includes a year by year projection of shared system costs. This is a projection based on the best
available information regarding development patterns. The actual cost share between entities will
depend on actual system growth and may vary slightly from the results shown here.
Equivalent Residential Units
There are currently three types of users of the Moab City system:
• Moab City customers
• Customers from Spanish Valley Water & Sewer Improvement District (SVW&SID)
• Septage Haulers
Based on historic water use records, existing ERUs connected to the Moab sewer system (or ERUs
for which capacity has been committed, i.e. projects that have already paid an impact fee but are not
yet connected) are as summarized in Table 2.
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Table 2
Existing ERUs
Flow
Treatment
Customer Category
Moab
SVW&SID
Septage
Moab
SVW&SID
Septage
Residential - Single Family
1,768
1,963
1,768
1,963
Residential - Multifamily
230
75
230
75
Overnight Accommodations
1,980
113
1,980
113
Commercial/Retail
603
94
603
94
Office
113
39
113
39
Restaurant
396
19
893
43
Schools
29
22
29
22
Gas Station/Convenience Store
88
93
88
93
RV/Campground
142
213
285
426
Other
118
76
38
118
76
1,373
Total
5,467
2,707
38
6,107
2,944
1,373
Percent of Total
66.6%
33.0%
0.5%
58.6%
28.2%
13.2%
As can be seen in the table, Moab is responsible for approximately 2/3rds of the flow to the
treatment with the other 1/3rd coming from SVW&SID. Septage is an insignificant contributor to
overall flow. However, when strength is considered, septage is using 13.2 percent of the total
treatment capacity.
In addition to these existing customers, the model includes the following expected future users of
the Moab City system:
• USU - USU is currently exploring plans for further development of facilities for its Extension
in Moab. Over the planning period (next 20 years), this is expected to add an average day
flow of 144,500 gallons per day (166,175 gpd average day, peak month) to the total flow
into Moab City. It is expected that USU will be a retail customer of SVW&SID and will add to
their total flow.
• San Juan County - Development in San Juan County is all currently on septic systems. At
some point in the future, it is expected that additional capacity will be desired and that all
development (both existing and future) will be brought to Moab's system. For the purpose
of this analysis, it has been assumed that San Juan will have approximately 265 flow ERUs
connecting to the system in 2020. If San Juan connects, it is expected that the County will be
a new wholesale customer (i.e. not a retail customer of either Moab or SVW&SID).
Based on the new customers described above and projected growth rates for existing customers,
projected ERUs to be connected to the Moab sewer system are as summarized in Table 3.
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Table 3
Projected ERUs - 2035
Flow
Treatment
Year
Moab
SVW&SID*
Septage
San
Juan
Moab
SVW&SID*
Septage
San
Juan
2017
5,467
2,707
38
0
6,107
2,944
1,373
0
2022
5,774
3,259
47
277
6,450
3,590
1,688
301
2027
6,099
3,907
55
308
6,813
4,354
2,004
334
2032
6,442
4,588
64
342
7,196
5,152
2,320
372
2035
6,657
5,014
69
365
7,436
5,649
2,509
396
*Includes projected flows from USU Extension.
Use of Moab Wastewater Collection System
As discussed previously, customers outside of Moab City will only use a portion of the wastewater
collection system. Following the procedure discussed above, SVW&SID's current weighted use of
the Moab Collection System is summarized in Table 4.
Table 4
SVW&SID's Current Weighted Use of Moab's Collection System
Size (in)
Total
Length
(ft)
Weighted
Capacity*
(ft-cfs)
SVW&SID
Proportional
Use of
Capacity
SVW&SID
Weighted
Capacity*
Moab
Weighted
Capacity*
6
37,658
14,981
0.0%
-
14,981
8
99,656
76,368
1.3%
1,006
75,362
9
729
695
0.0%
-
695
10
11,071
12,869
7.1%
910
11,959
12
7,857
13,165
76.6%
10,090
3,075
15
3,601
9,032
14.1%
1,277
7,756
18
10,106
36,874
22.1%
8,139
28,735
21
1,125
5,653
0.0%
-
5,653
24
745
4,782
49.3%
2,359
2,423
30
1,050
10,401
35.0%
3,636
6,765
3 (Force Main)
2,536
871
0.0%
-
871
4 (Force Main)
827
505
0.0%
-
505
Total
176,960
186,197
27,417
158,780
SVW&SID Current Use of Collection System
14.7%
SVW&SID Current Portion of Total Flow
31.4%
SVW&SID Proportional Use of Collection System Capacity
46.9%
*Weighted capacity based on total length times the capacity of each pipeline at the State minimum slope.
Capacity for force mains based on velocity of 7 ft/sec.
As is summarized in the table, SVW&SID only uses 14.7 percent of the collection system capacity,
even though it accounts for 31.4 percent of the total flow. This means that SVW&SID's use of the
collection system is only 46.9 percent of its proportional contribution of flow.
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Cost Share Model Results
Results from the cost share model are summarized in Tables 5 through 7. Tables 5 and 6 provide a
summary of the percent of cost associated with each entity over time for collection and treatment
costs, respectively. Table 7 provides the projected cost share for the new treatment plant assuming
completion of the plant in 2018.
Table 5
Projected Cost Share - Collection System Costs*
Year
Moab
SVW&SID**
Septage
San Juan
2017
84.5%
15.5%
0%
0%
2022
82.3%
16.3%
0%
1.4%
2027
80.9%
17.7%
0%
1.4%
2032
79.7%
18.8%
0%
1.4%
2035
79.2%
19.4%
0%
1.4%
*Projected future costs are estimates based on current growth nroiections.
Actual cost share will be recalculated as described in this memorandum based
on actual system growth and development.
**Includes projected flows from USU Extension.
Table 6
Projected Cost Share - Treatment Costs*
Year
Moab
SVW&SID**
Septage
San Juan
2017
58.6%
28.2%
13.2%
0%
2022
53.6%
29.8%
14.0%
2.5%
2027
50.4%
32.2%
14.8%
2.5%
2032
47.9%
34.3%
15.4%
2.5%
2035
46.5%
35.3%
15.7%
2.5%
*Projected future costs are estimates based on current growth nroiections.
Actual cost share will be recalculated as described in this memorandum based
on actual system growth and development.
**Includes projected flows from USU Extension.
Table 7
Projected Cost Share - Treatment Plant Construction Costs
Entity
Total Cost
Portion of Total
Moab
$4,782,288
38.25%
SVW&SID
$2,305,396
18.44%
Septage
$1,961,694
15.69%
San Juan
$0
0%
Future Growth
$3,454,623
27.63%
Total
$12,504,000
100%
As can be seen in the tables, the current model shows costs slowly shifting away from Moab City
and onto other users. This is the result of higher projected growth rates for development outside of
the City. However, as noted above, the values contained in these tables are only projections based
on estimated of future development patterns. The actual cost share between entities in future years
will depend on actual system growth and may vary slightly from the results show here. In future
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years, it is expected that the projections in the rate model will be replaced with actual values for
each entity to more accurately calculate the appropriate cost share and corresponding rates.
Approximate Wastewater Rates
The primary focus of this memorandum has been the development of cost share calculations to
divide costs between the several entities. It does include the information to perform a
comprehensive rate study and calculate detail rates for each entity. However, based on information
provided by each entity regarding historic rates and annual revenues, it is possible to estimate
approximate monthly rates for each of the entities as shown in Tables 8. The monthly rates
estimated in Table 8 take into account the initial capital investment that each entity has agreed to
pay towards construction of the wastewater treatment plant and assumes securing a loan for the
remaining capital costs.
Table 8
Approximate Residential Future Wastewater Rates - Moab Portion of Bill Only
Year
Moab
($/month)
SVW&SID
($/month)
Septage
($/gallon)
Historic
$16.90
$7.70
$0.09
2020
$37.72
$17.09
$0.17
2025
$40.38
$17.81
$0.16
2030
$43.46
$18.84
$0.16
2035
$45.52
$19.59
$0.16
It should be emphasized that these costs are for the Moab City portion of each bill only. For Moab
residents, this represents their full sewer bill. For other entities, however, there will be additional
costs for the operation and maintenance of their individual collection systems.
In both of the tables, it is noted that the amount of increase from year to year is not consistent
between entities. There are even decreases in some cases. This is a result of the differing growth
rates between entities and their ratio of treatment plant costs to other costs. For example, in the
case of septage customers, all of their costs are associated with treatment and they have a higher
than average projected growth rate. As a result, the projected growth allows the initial
construction costs of the plant to be distributed over an increasing number of users over time. This
results in a small decrease in the cost per customer over time. Conversely, treatment costs in Moab
are a much smaller portion of total costs and it has the lowest expected growth rate. This means
that inflation associated with collection system and other costs overshadows any reduction in
treatment plant payments and the overall rate increases gradually over time.
CONCLUSIONS AND RECOMMENDATIONS
This memorandum provides a proposed approach to sharing costs in the Moab wastewater system,
including construction of a new treatment plant. It is recommended that Moab City review the
proposed approach with all potential stakeholders in the treatment project to collect input and
finalize the approach. This will become the basis for a final agreement between the various entities.
Specific items that should be reviewed and agreed upon should include:
1. Moab continued ownership of treatment plant
2. First come, first serve policy for future capacity
3. ERU calculation policy - Both flow and treatment based
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4. Use of fixed monthly charges to each entity based on flow and treatment ERUs instead of
variable monthly charges based on volume and strength measurements
5. Final agreement on cash contributions toward initial treatment plant construction costs to
be contributed by each entity
6. How septage will fund its required portion of treatment plant construction costs (initial
payment vs. incorporated into future rates)
Once the cost share principles discussed in this memorandum are finalized and adopted, BC&A will
be able to calculate specific rates for Moab City customers in greater detail.
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Page 191 of 191