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Home My Public Portal AboutAgreement 12.15.1977 COOPERATIVE AGREEMENT THIS AGREEMENT Made and entered into this /~-~[ , day of December, 1977, by and between the CITY OF McCALL, a municipal corporation located in Valley County, Idaho, hereinafter referred to as the "City", and the PAYETTE LAKES WATER AND SEWER DISTRICT, VALLEY COUNTY, IDAHO, a sewer district organized and existing under and by virtue of Chapter 32, Title 42, Idaho Code, and lying adjacent and contiguous to the geographical boundaries of the City of McCall, Idaho, hereinafter referred to as the "District", W I T N E S S E T H : WHEREAS, the City has a centralized sewage collector system and sewage disposal lagoons which are currently treating the sewage that is or will be produced by the City, and WHEREAS, the District was formed for the purposes (among others) of providing a sewage collection system and sewage treatment facilities for its territory and inhabitants thereof and the District desires to construct a collection system and improve, enlarge and use the sewage treatment system of the City for such purposes, and WHEREAS, the parties deem it in the best interest of the City and the inhabitants thereof, as well as of the District and the inhabitants thereof, to cooperate in improv- ing and enlarging the sewage treatment system of the City for the use and benefit of the City and the District and to cooperate in the maintenance and operation of a sewage collection system for the District under the terms and conditions herein set forth. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: Section 1. CONSTRUCTION TO BE PERFOrmED BY DISTRICT. (a) The District shall, at its expense, construct a sanitary sewer collection and outfall system according to the plans and specifications being prepared by Intermountain Engineers, a joint venture of: McCarter & Tuller, Inc. 327 N. 27th St. Boise, Idaho 83706 Bill Harris, E.M. P. O. Box 806 McCall, Idaho 83638 J-U-B Engineers, Inc. 212 10th Avenue South Nampa, Idaho 83651 which plans and specifications, when approved by the District, the United States Department of Agriculture, Farmers Home Administration, Environmental Protection Agency, United States Department of Commerce, Economic Development Administra- tion, the Idaho Department of Health & Welfare and the City, shall be incorporated herein by this reference and made a part of this agreement. (b) The District shall, at its expense construct, reconstruct, improve and enlarge the sewage treatment system of the City upon the premises currently owned by the City in Valley County, Idaho, described as follows, to-wit: In Section 17, Township 18 North, Range 3 East, B.M. as follows: NE~SW¼NW¼; SE¼SW¼NW¼; S½NW¼SE¼NW¼; SW¼SE¼NW¼; N½SE¼SE¼NW¼; That portion of the S½SE¼SE~NW¼ lying North and West of a diagonal line extending from the Southwest corner of said tract to the Northeast corner thereof; and N½NW~NE~SW¼. according to plans and specifications now being prepared by the engineers above named and when such plans and specifications have been approved as above provided, the same shall be incorporated herein by reference and made a part of this agreement, the ownership of which sewage treatment system -2- upon completion thereof shall be transferred to the City and shall be maintained and operated for the benefit of the parties hereto and their respective inhabitants under the terms hereof. Section 2. CONSTRUCTION TO BE PERFORMED BY CITY. As part of its complete sewage program, the District agrees to sponsor and the City agrees to pay 10% of the eligible Environmental Protection Agency cost and 100% of non-eligible Environmental Protection Agency costs of upgrading and repairing the existing City sewage collection system to eliminate excess infiltration and inflow, the estimated total cost of which is $125,000.00, according to plans and specifications prepared by the above engineers, subject to the above approvals, which plans and specifications are incorporated and made a part hereof by reference. Section 3. TREATMENT OF SEWAGE. The City agrees to accept and treat sewage from the District collection system in a good and workmanlike manner and as provided by law. Section 4. MAINTENANCE AND OPERATION OF DISTRICT SEWAGE COLLECTION SYSTEM. The City agrees to perform for the District all sewer repair, maintenance and operation of the District's sewage collection system on a full time basis, for the fees hereinafter set forth. Section 5. MO~THLY COLLECTIONS. The City agrees to do the billing and collect the following fees from the District sewer users on a monthly basis: (a) (b) (c) (d) Fees charged in order to accumulate funds for the District's use in meeting any bonded indebtedness obligation; Monthly sewer user charges; Sewer connection fees; Sewer development and extension charges; -3- all of which fees and charges shall be established by the District by appropriate action. After deducting the fees payable to the City herein- after set forth in Section 6, the City shall remit monthly to the District the remainder~ of all sums collected by it for the District. Section 6. PAYMENT FOR SERVICES OF CITY. The City and the District further agree that the City shall retain from the monthly sewer charges enumerated in Section 5 hereof, the following sums: (a) Such sum as may from time to time be agreed upon by the parties hereto per connection per month as and for a billing fee for collecting the above charges of the District to its members; (b) Such sum as may from time to time be agreed upon by the parties hereto per connection per month as and for a fee for operation, maintenance and repair of the District's sewage collection system; (c) The actual cost of parts, supplies and power used to maintain and operate such sewer system, including freight, insurance and telephone charges, if any; (d) That percentage of the cost of operation and main- tenance of the City sewage treatment system based upon volume of sewage produced by users within the District as compared to total volume of sewage treated. It is specifically agreed that the payments set forth above shall be reviewed after each year of operation and shall by action of the parties be adjusted to cover actual costs of such services. Section 7. EXTRAORDINARY SERVICES. The parties shall mutually agree in advance of each expenditure over $100.00 made by the City on behalf of the District for labor, parts, and supplies required in operation, maintenance, extension and enlargement of said sewer system over and above ordinary maintenance and operation, and the District agrees to pay for such expenditures at its regular monthly -4- meeting immediately succeeding receipt of a billing therefor. Section 8. CITY SEWAGE TREATMENT SYSTEM. The City specifically agrees to maintain and operate in a good and workmen-like manner the sewage treatment system of the City as constructed, reconstructed, improved and enlarged by the District as above set forth in Section 1 hereof. Section 9. NOTICES. The District shall notify the City promptly as to any and all fees and charges set by the District, the names and addresses of the users in the District and as to any changes in such fees, charges, names and addresses. The City shall notify the District of any failure of any user to pay any of the fees and charges set forth in this Agreement, such notice to be given not more than 15 days after the due date of such payment. All notices herein provided to be given by either of the parties to the other shall be in writing and shall be addressed as follows: Notices to the City: The City Clerk City of McCall P. O. Box 1065 McCall, Idaho 83638 Notices to the District: Payette Lakes Water and Sewer District % Frank T. Elam P. O. Box 703 McCall, Idaho 83638 In the event either party changes its address it shall immediately notify the other party in writing of such change. Section 10. FUTURE IMPROVEMENTS. The District shall participate, in relation to benefit derived, in any future improvements to the sewage treatment facilities of the City. to which the parties mutually agree. Section 11. ADDITIONAL LANDS. If additional lands are annexed to the District in the future, including lands which may be within the corporate limits of the City, the parties -5- agree that the provisions of this agreement shall apply equally to all lands of the District whether the same lie within or outside the corporate limits of the City, and the sewer lines of the District within the City shall remain the property of the District unless and until turned over to and accepted by the City, and the City shall have no obligation as to such lines except as set forth in this Agreement. Section 12. MEMBERSHIP ON BOARD OF APPRAISERS. The By ATTEST: I': / Clerk /~ ] City agrees to have the Mayor of the City appoint, with the advice and consent of the Board of Directors of the District, a person to serve on a District Board of Appraisers if and when such a board is created by the District. Section 13. TERM. The term of this Agreement shall be 50 years from the date hereof. Section 14. IMPLEMENTATION. Both parties agree to enact such ordinances, resolutions and agreements that may from time to time be required in order to enable them to implement and carry out the provisions of this Agreement. IN WITNESS WHEREOF, we have hereunto set our hands this "day of December, 1977. J ATTEST: By SEWER IDAHO