HomeMy Public PortalAboutAmendment 5FIFTH AMENDMENT TO COOPERATIVE AGREEMENT
THIS FIFTH AMENDMENT TO COOPERATIVE AGREEMENT is made
and entered into thls .V21 day of ,/./ ';i cr' 1987,
by and between the CITY OF McCALL, a municipal corporation
located in Valley County, Idaho, hereinafter called the
"City", and the PAYETTE LAKES WATER AND SEWER DISTRICT,
Valley County, Idaho, a sewer district organized and
existing under and by virtue of Chapter 32, Title 42, Idaho
Code, and lying adjacent and continguous to the geographical
boundaries of the City of McCall, Valley County, Idaho,
hereinafter referred to as the "District".
WITNESSETH:
WHEREAS, the parties hereto made and entered into a
Cooperative Agreement dated December 15, 1977, hereinafter
referred to as said Agreement; and,
WHEREAS, the parties hereto made and entered into a
First Amendment to Cooperative Agreement dated December 4,
1978, hereinafter referred to as said First Amendment; and,
WHEREAS, the parties hereto made and entered into a
Second Amendment to Cooperative Agreement dated June 4,
1979, hereinafter referred to as said Second Amendment; and,
WHEREAS, the parties hereto made and entered into a
Third Amendment to Cooperative Agreement dated August 6,
1979, hereinafter referred to as said Third Amendment; and,
FIFTH AMENDMENT - Page 1
WHEREAS, the parties hereto made and entered into a
Fourth Amendment to Cooperative Agreement dated July 24,
1984, hereinafter referred to as said Fourth Amendment; and,
WHEREAS, said Fourth Amendment provided for, among
other things, an allocation between the parties of the
sewage treatment capacity of the sewage treatment facility
which Is jointly utilized by the parties and an allocation
between the parties of the cost of operation and maintenance
of the treatment facility; and,
WHEREAS, the passage of time has allowed the parties to
accumulate data which reflects actual usage by each party of
the sewage treatment capacity of the treatment facility;
and,
WHEREAS, the District's allocated share of the
treatment capacity at the treatment facility is greater than
its actual needs and the District is willing to sell to the
City and the City Is willing to buy from the District, a
portion of the District's allocated share of treatment
capacity; and,
WHEREAS, such a sale of capacity by the District to the
City will necessitate certain amendments to the said Fourth
Amendment.
NOW THEREFORE, in consideration of the mutual covenants
herein contained it is agreed between the parties hereto as
follows:
FIFTH AMENDMENT - Page 2
SECTION 1: SALE OF TREATMENT CAPACITY: Pursuant
to said Fourth Amendment the present flow allocation of
the treatment faclllty capacity is as follows: The
District - 53% or 964,000 gallons per day; the City -
47% or 862,000 gallons per day. The District shall
sell to the City and the City shall purchase from the
District, 364,000 gallons per day of the District's
allocated capacity of the treatment facility. It is
the Intent of the parties that such sale shall result
in a modified allocation of the treatment facilities
capacity as follows: The District - 33% or 600,000
gallons per day; the City - 67% or 1,226,000 gallons
per day.
SECTION 2: PURCHASE PRICE: The purchase price
for said capacity shall be the sum of $98,280.00,
payable in non -uniform sums as follows:
FISCAL OCTOBER 1 APRIL 1
YEAR AMOUNT AMOUNT
987 $3,841.50
988 $3,841.50 4,420.50
989 4,420.50 4,385.00
990 4,385.00 4,477.50
991 4,477.50 4,599.00
992 4,599.00 4,628.00
993 4,628.00 4,647.00
994 4,647.00 4,676.00
995 4,676.00 4,674.50
996 4,674.50 4,758.50
997 4,758.50 4,825.00
998 4,825.00 5,304.00
999 5,304.00 4,744.50
2000 4,744.50 4,679.50
2001 4,679.50 4,509.00
2002 4,509.00 4,905.50
2003 4,905.50 2,147.00
2004 2,147.00 1,629.50
2005 1,629.50
The above schedule includes interest on the prinicipal
sum at the underlying bond rate being serviced by the
District.
FIFTH AMENDMENT - Page 3
SECTION 3: COSTS OF OPERATION OF TREATMENT
FACILITY: The parties agree to share the costs of
operating the treatment facility on a 1/3 - 2/3 basis,
the District's share being one-third (1/3) and the
City's two-thirds (2/3), commencing with the City's
1988 fiscal year.
SECTION 4: FUTURE ADJUSTMENTS TO OPERATING COST
ALLOCATIONS: For future allocation and budgeting
purposes beyond FY 1988, it is agreed that a hook-up
basis provides a more reasonable and equitable basis
for allocating annual operating costs. Towards that
end it is agreed that the base year (FY 1987) user
figures in terms of equivalent hookups for each entity
are as follows:
DISTRICT CITY
800 1,600
The figures shall be updated annually by adding to the
base any new hookups during the twelve (12) month
period prior to the update, namely, July 1 of each
calendar year, in order to meet budgetary planning
cycle requirements. For example, on July 1, 1988, each
entity shall add to the above figures the number of new
equivalent hookups added between July 1, 1987, and June
30, 1988. Issuance of a permit shall be the relevant
criteria; cancellation of a permit, if any, shall be
netted out.
Equivalent user hookups shall be counted rather
than physical hookups.
For the purpose of this determination the term
equivalent user, or hookup unit, shall be deemed to
mean a single family residence (generating 550 gallons
per day) as a single equivalent unit hookup; the flow
factors used by the Central District Health Department
shall be scaled using this base to determinine
equivalent unit hookups for various other classes of
users, e.g., multi -family, commercial, and Industrial.
In addition to the annual adjustment, should more
precise figures become available in the future for the
1987 base figures, it is agreed to substitute those for
the initial estimates set forth above; the revised
annual figures shall be used as a factor in reviewing
the cost allocation each year.
FIFTH AMENDMENT - Page 4
PROVIDED, HOWEVER, independent of the foregoing
allocation, the 1/3 - 2/3 treatment capacity allocation
shall remain fixed, unless and until further
modifications are agreed to by the parties.
SECTION 5: MERGER: Save and except as set forth
herein, the provisions of the Fourth and earlier
Amendments to the Cooperative Agreement shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals in execution of this Agreement the -/" day
of //<< c ie ( , 1987.
CITY OF McCALL:
PAYETTE LAKES WATER & SEWER
DISTRICT:
BY o���Lti.G��2c BY l�'�/ t-, 01-
kild
Mayo Chairman
Attest:
By C ! -- -c.
City Clerk
Attest:
`lam
By 'cl trt G l\
J
Secretary
STATE OF IDAHO )
) ss.
County of Valley71
)
On this /. ?=day of ./ ce/e- , 1987, before me
the undersigned Notary Public in and for said State,
personally appeared CLYDE L. ARCHER, JR., and ARTHUR J.
SCHMIDT, known to me to be the Mayor and Clerk respectively,
of the municipal corporation who executed the within
instrument, and acknowledged to me that such corporation
executed the same.
FIFTH AMENDMENT - Page 5.
"
I N W I T N E S S W H E R E O F , I h a v e h e r e u n t o s e t m y h a n d a n d
a f f i x e d m y o f f i c i a l s e a l t h e d a y a n d y e a r i n t h e c e r t i f i c a t e
f i r s t a b o v e w r i t t e n .
J
N o t a r y u b l l c f o r I d a h o
R e s i d i n g a t : / �� r x , j
S T A T E O F I D A H O )
) s s .
C o u n t y o f V a l l e y )
O n t h i s / - 3 7 4 d a y o f / �� ' �� , 1 9 8 7 , b e f o r e m e
t h e u n d e r s i g n e d N o t a r y P u b l i c I n a n d f o r s a i d S t a t e ,
p e r s o n a l l y a p p e a r e d P E T E R K . W I L S O N a n d B A R B A R A J . K N I P E ,
k n o w n t o m e t o b e t h e C h a i r m a n a n d S e c r e t a r y r e s p e c t i v e l y ,
o f t h e s e w e r d i s t r i c t w h o e x e c u t e d t h e w i t h i n i n s t r u m e n t ,
a n d a c k n o w l e d g e d t o m e t h a t s u c h s e w e r d i s t r i c t e x e c u t e d t h e
s a m e .
I N W I T N E S S W H E R E O F , I h a v e h e r e u n t o s e t m y h a n d a n d
a f f i x e d m y o f f i c i a l s e a l t h e d a y a n d y e a r i n t h e c e r t i f i c a t e
f i r s t a b o v e w r i t t e n .
F I F T H A M E N D M E N T - P a g e 6
N o t a r y P u b l i c f o r I o
R e s i d i n g a t : : t c r
Law Offices of
KILLEN AND PITTENGER, P.A.
200 East Park St.
P.O. Box A.O.
William M. Killen McCall, Idaho 83638 Telephone: 634-7118
Gregory C. Pittenger Area Code: 208
October 6. 1987
Bud Schmidt, Administrator
City of McCall
P. 0. Box 1065
McCall. Idaho 83638
Re: Fifth Amendment to Cooperative Agreement
between the City and Sewer District
Dear Bud:
It was brought to my attention by Ted Whiteman, the Sewer
District Coordinator, that the schedule in Section 2 at page
3 of the Fifth Amendment was incorrectly labeled in that the
columns headed October 1 Amount and April 1 Amount are
reversed.
As you may recall we made a number of changes which included
slipping those dates because of the time frame in formally
adopting this. If you would review that page I think it
will be obvious that those columns are reversed: the first
column being labeled October I should be labeled April 1 and
the second column should be labeled October 1 instead of
April 1. This produces the desired effect, namely equal
semi-annual payments commencing the fall of 1987 and
continuing thereafter for the full schedule.
I have enclosed a re -typed original and unless you feel some
problem with the foregoing we would simply request that you
insert that in lieu of the page you now have.
Best regards,
KILLEN & PITTENGER. P.A.
By
William M. Killen
of
the firm
WMK/ch
encl. Page 3 of Fifth Amendment
cc: Ted Whiteman
SECTION 1: SALE OF TREATMENT CAPACITY: Pursuant
to said Fourth Amendment the present flow allocation of
the treatment facility capacity is as follows: The
District - 53% or 964,000 gallons per day; the City -
47% or 862,000 gallons per day. The District shall
sell to the City and the City shall purchase from the
District, 364,000 gallons per day of the District's
allocated capacity of the treatment facility. It is
the intent of the parties that such sale shall result
in a modified allocation of the treatment facilities
capacity as follows: The District - 33% or 600,000
gallons per day, the City - 67% or 1,226,000 gallons
per day.
SECTION 2: PURCHASE PRICE: The purchase price
for said capacity shall be the sum of $98,280.00,
payable in non -uniform sums as follows:
FISCAL APRIL 1 OCTOBER 1
YEAR AMOUNT AMOUNT
1987
1988
1989
1990
1991
$3,841.50
4,420.50
4,385.00
4,477.50
$3,841.50
4,420.50
4,385.00
4,477.50
4,599.00
1992 4,599.00 4,628.00
1993 4,628.00 4,647.00
1994 4,647.00 4,676.00
1995 4,676.00 4,674.50
1996 4,674.50 4,758.50
1997 4,758.50 4,825.00
1998 4,825.00 5.304.00
1999 5,304.00 4,744.50
2000 4,744.50 4,679.50
2001 4,679.50 4.509.00
2002 4,509.00 4,905.50
2003 4,905.50 2,147.00
2004 2,147.00 1.629.50
2005 1,629.50
The above schedule includes interest in the principal
sum at the underlying bond rate being services by the
District.
FIFTH AMENDMENT - Page 3
_ City of McCall
OFFICE OF THE CLERK
BOX 1065
MCCALL. IDAHO 83638
September 18, 1991
Mr. R. Ted Whiteman, Manager
Payette Lakes Water. and Sewer District
P. O. Box 1566
McCall, ID 83638
Dear Ted:
I have finally completed the calculation of equivalent
users as you've requested. The basis for the calculation
is as follows:
One residential unit is one equivalent user regardless
of consumption.
Multiple dwelling structures are counted as one
equivalent user per dwelling unit regardless of
consumption.
Commercial units were evaluated based on average water
consumption. An average use of 16,500 gallons per
month (550 g/day) equals one equivalent user. The
City's water billing code includes mobile home parks
as commerical users.
The use of the Central District Health criteria to
determine equivalent users is untenable in that it requires
the collection of a considerable amount of information such
as the number of employees, etc. The City currently has
186 such customers. This should be dealt: with should
there be a sixth amendment to the cooperative agreement.
The use of equivalent user criteria adds 170 users to the
equation. Assuming that all other figures in your December
19th letter remain constant, the allocation of WWTP costs
should be allocated on the basis of 70% to the City and 30%
to PLWSD.
If my understanding is correct, I will begin using the new
allocation amounts with our next billing. I appologize for
taking so long but as you can imagine the evaluation of
186 accounts took some time.
ely,
James H. Henderson
City Treasurer
City of .McCall
OFFICE OF THE CLERK
BOX 1085
MCCALL. IDAHO 83638
July 15, 1992
Mr. R. Ted Whiteman, Manager
Payette Lakes Water and Sewer District
P. O. Box 1566
McCall, ID 83638
Dear Ted:
As required by the 5th Amendment to the Cooperative
Agreement, the total number of City sewer equivalent users
is now 1,937 (as of July 15, 1992).
Please let me know if there is any change in the ratio of
City/Sewer District costs at the Wastewater Treatment
Plant.
ames H. Henderson
City Treasurer
Payette Lakes Water and
Sewer District
P.O. Box 1566
McCall, Idaho 83638
(208) 634-4111
James H. Henderson
City Treasurer
City of McCall
P.O. Box 1065
McCall, ID 83638
Dear Jim;
07/28/92
Responding to your letter of 7/15/92 regarding equivalent
user ratio, I calculated the number of 1,937 users which you
supplied with the number of 910 users which our evaluation
has shown. The calculation yielded the allocation of 68% of
the WWTP costs to the City and 32% to PLWSD. This represents
a change from last year's calculation of 70% / 30%
respectively.
I will assume that we will use these revised figures for the
upcoming fiscal year budget unless I hear from you to the
contrary. Thank you for your timely consideration in this
matter.
Sincerely.
R. Ted Whiteman, Manager
PLWSD