HomeMy Public PortalAboutPayette Lakes- Deinhard 5 amendCity of McCall
OFFICE OF THE CLERK
BOX 1065
MCCALL, IDAHO 83638
TO: Larry Chalfant, Public Works Director
Bob Hammons, City Treasurer
FROM: Bud Schmidt, City Administrator
DATE: April 15, 1987
RE: Payette Lakes Water & Sewer District Agreements
(Dienhard Lane and Fifth Amendment)
Attached herewith are copies of the above referenced agree—
ments for your information and files.
Larry —
Will you be responsible to see that the Purchase Orders
are issued to pay costs in a timely way for both agreements.
Also, I ask that you prepare a letter and a list of persons
who will be required to hook—up to the Dienhard Lane Line
to me as soon as possible.
Bob —
Please be certain that these bills get paid promptly. These
agreements authorize payments as noted.
s
FIFTH AMENDMENT TO COOPERATIVE AGREEMENT
THIS FIFTH AMENDMENT TO COOPERATIVE AGREEMENT is made
and entered into this ;2/�-fday of , 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 Districts 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
OECTION 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 OCTOBER 1 APRIL 1
YEAR AMOUNT AMOUNT
-_=__= _ _ === =_= ____=
1987 $3,841.50
1988 $3,841.50 4,420.50
1989 4,420.50 4,385.00
1990 4,385.00 4,477.50
1991 4,477.50 4,599.00
1992 4,599.00 4,628.00
1993 4,628.00 4,647.00
1994 4,647.00 4,676.00
1995 4,676.00 4,674.50
1996 4,674.50 4,758.50
1997 4,758.50 4,825.00
1998 4,825.00 5,304.00
1999 5,304.00 4,744.50
2000 4,744.50 4,679.50
2001 4,679.50 4,509.00
2002 4,509.00 4,905.50
2003 4,905.50 2,147.00
2004 2,147.00 1,629.50
2005 1,629.50
The above schedule includes interest on the prinicipal
sum at the underlying bond rate being serviced by the
District.
FIFTH AMENDMENT - Page 3
SECTION 3: COSTS OF OPERATION OF TREATMENT
FACILITY: The parties agree to share the costs of
operating the treatment facility on a 1/3 - 2/3 basis,
the District's share being one-third (1/3) and the
City's two-thirds (2/3), commencing with the City's
1988 fiscal year.
SECTION 4: 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.
.Eguivaient 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
hands and seals In execution
of , 1987.
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.
OECTION 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
of this Agreement the .2/ "day
CITY OF McCALL: PAYETTE LAKES WATER & SEWER
DISTRICT:
BY
Mayor
Attest:
By �'L��.f it �,-...
City Cle k
Chairman
Attest:
By Th(tt-tj trri
Secretary
STATE OF IDAHO )
) ss.
County of Valley )
On this f day of �7/c---7 /L- , 1987, before me
the undersigned Notary Public in and for said State,
personally appeared CLYDE L. ARCHER, JR., and ARTHUR J.
SCHMIDT, known to me to be the Mayor and Clerk respectively,
of the municipal corporation who executed the within
instrument, and acknowledged to me that such corporation
executed the same.
FIFTH AMENDMENT - Page 5
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year in the certificate
first above written.
Notary ublic f�r Idaho,
Residing at:
STATE OF IDAHO )
) ss.
County of Valley )
On this / 3 �G day of , 1987, before me
the undersigned Notary Public in and for said State,
personally appeared PETER K. WILSON and BARBARA J. KNIPE,
known to me to be the Chairman and Secretary respectively,
of the sewer district who executed the within instrument,
and acknowledged to me that such sewer district executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year in the certificate
first above written.
Notary Public for IdatYc
Residing at: is
FIFTH AMENDMENT - Page 6
DEINHARD LANE SEWER LINE ALLOCATION AGREEMENT
THIS AGREEMENT is made and entered into effective as of
this v,7/ day of At.c 4., 1987, by and between the CITY OF
McCALL, a municipal corporation located in Valley County,
Idaho, hereinafter referred to as City, and PAYETTE LAKES
WATER AND SEWER DISTRICT, a sewer district organized and
existing under and by virtue of Chapter 32, Title 42, Idaho
Code, hereinafter referred to as District.
WITNESSETH
WHEREAS, the District has constructed a sewer line
collection system, part of which is presently of greater
capacity than the current needs of the District; and,
WHEREAS, a portion of said collection system is located
within the geographical boundaries of the City and could be
utilized by the City to meet the sewer needs of property
located in proximity to the system; and,
WHEREAS, the City desires to acquire an interest in and
a right to use some of the unused capacity in the District's
sewer lines.
NOW THEREFORE, for and in consideration of the mutual
promises and agreements hereinafter set forth, the parties
agree as follows:
1. Grant. The District hereby grants to the City a
right of use in the flow capacity of the District's
Deinhard Lane Line not to exceed 1000 gpm peak or a flow
DEINHARD LANE SEWER LINE AGREEMENT - Page 1
rate of 500 gpm average. This figure represents
approximately 45% of the line's peak design capacity of 2200
gpm and its corresponding average/peak design ratio. This
grant includes the right to use, connect to and discharge
into, that certain sewer line which is located between
Manhole B-31 and Lift Station 25 as designated on the maps
of the District and as shown on the drawing which is
attache❑ hereto as Exhibit A, and referred to as the
Deinhard Lane Line (LINE). This grant and right of use
shall be on the terms and conditions set forth herein.
2. Initial Flow Capacity. The City shall have the
right to discharge sewage into the LINE at a flow rate not
to exceed an average of 50 gallons per minute average or 100
gallons per minute peak, whichever first occurs. For the
purposes of this agreement, the average flow rate shall be
calculated using a daily average.
3. Subsequent Flow Capacity. Following construction
of a suitable diversion structure, as more fully detailed in
Paragraph 5 below, the City shall have the right to
discharge into the LINE a flow rate not to exceed an average
of 500 gallons per minute average, or 1000 gallons per
minute peak, whichever first occurs.
4. Payment. The City shall pay to the District, as
and for Its interest, a sum of money which shall be
calculated as follows:
(SEE ATTACHED EXHIBIT B)
DEINHARD LANE SEWER LINE AGREEMENT - Page 2
5. Diversion. At such time as the flow of sewage
into the LINE which is attributable to City usage reaches a
peak of 100 gallons per minute, or average of 50 gallons per
minute, or five (5) years have elapsed from the effective
date of this agreement, or the City has 200 single family
residential or equivalent users hooked up to the LINE,
whichever occurs first, the City shall stop any further or
new hookups to the LINE until it has caused to be
constructed, at its sole cost and expense, a diversion
structure.
The diversion structure shall be constructed so as to
divert from the LINE at or about forty-five percent (45%) of
the flow from the LINE into a lift station owned, operated
and maintained by the City. The location of the diversion
structure, its engineering and construction specifications
shall be submitted by the City to the District for the
Districts approval prior to the commencement of work on the
structure.
For the purpose of this section, the gallonage per
minute figure shall be deemed to be a per day average. 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
DEINHARD LANE SEWER LINE AGREEMENT - Page 3
hookups for various other classes of users, e.g., multi-
family, commercial, and industrial.
6. Operation and Maintenance. The operation
maintenance and replacement of the LINE shall be the sole
responsibility of the District.
7. Hook ups. The City shall be responsible for the
administration and issuance of the hookup permits to its
users for the LINE. Hookup fees and monthly user fees for
City users shall be set, collected and maintained by the
City.
The physical connection of any service or collection
LINE to the LINE shall be in accordance with the
requirements and specifications which are set forth in
Exhibit C, attached hereto and made a part hereof. The City
shall notify the District of all proposed connections to the
LINE and the same shall be inspected and approved by the
District prior to the commencement of sewer service. This
provision shall also apply to all collection LINE hookups as
well as any direct service LINE connection to the LINE. The
standard inspection fee set by the City shall be remitted to
the District as reimbursement for the District's providing
the inspection service to the City's patrons.
8. Discharge of sewage. The City shall not permit
the discharge of sewage into the LINE which is a violation
of the City of McCall Ordinance Number 470, as the same is
presently enacted. Further, in the event State or Federal
DEINHARD LANE SEWER LINE AGREEMENT - Page 4
regulations or laws directed to the type and quantity of
effluent which may be discharged into the LINES change, the
City shall pass such ordinances or adopt such regulations so
as to bring the City into compliance with then existing law
or regulation.
9. Attorney Fees and Costs. In the event disputes
arise between the parties regarding the interpretation or
enforcement of this agreement, the prevailing party shall be
entitled to reasonable attorney fees and costs.
10. Term of Agreement. Both parties acknowledge that
it is their intent that this agreement shall continue for so
long as the District's collection system continues to exist,
which is contemplated to be at least through its design life
extending through the 31st of December, 2027, and for so
long thereafter as the system remains operable.
IN WITNESS WHERFEOF, the parties hereto have hereunto
set their hands and seals in execution of the Agreement,
this 2/ n
� day of ���zi.(1 1987.
CITY OF McCALL:
BY
Mayor
144
Attest:
By C 'Z'-,/
City CLe k
c1,1,7
PAYETTE LAKES WATER & SEWER
DI ST,RI CT9
Chairman
Attest:
% J T
By ( \ .
Secretary
DEINHARD LANE SEWER LINE AGREEMENT - Page 5
STATE OF IDAHO )
) ss.
County of Valley )
On this /� day of /,///�- , 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.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year in the certificate
first above written.
Notary/Public for Idaho
Residing at: �l� --'—
STATE OF IDAHO )
) ss.
County of Valley )
On this /3t' day of , 1987, before me
the undersigned Notary Public in and for said State,
personally appeared PETER K. WILSON and BARBARA J. KNIPE,
known to me to be the Chairman and Secretary respectively,
of the sewer district who executed the within instrument,
and acknowledged to me that such sewer district executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year in the certificate
first above written.
Notary Public for Ida
Residing at:,
DEINHARD LANE SEWER LINE AGREEMENT - Page 6
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EXHIBIT "A
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EXHIBIT B
DEINHARD LANE ALLOCATION
PAYMENT TERMS
I. LEASE COSTS
A. Prior to Diversion
Payment for pipe, lift station and pressure line
from Manhole 8-31 to the Wastewater Treatment
Plant shall be $1,000.93 per month for 20 years
(240 months) in arrears. This is based on the
City acquiring a 45% share of line capacity for a
like share of the associated costs, namely,
1. Capital cost recovery of $6,615.00 for 20
years.
2. Depreciation recapture of $4,050.00 for 50
years.
The present value is calculated at 6% for 1. and
2., resulting in $139,710.00, which is to be paid
off over 20 years at 6% per annum, i.e. $1,000.93
per month, commencing May 15, 1987.
B. After Diversion
Capital costs and depreciation recapture balances
still owing shall be reamortized over the
remaining term by reducing the buy -in figure to
the appropriate figure, crediting the principal
reduction, and them reamortizing at the then prime
rate (less 1.5%); e.g., a diversion at Mission
Road would produce an adjusted buy -in figure of
$65,645.00; a diversion at the river would be
$92,226.00. In the event the accrued principal
reduction equals or exceeds the adjusted buy -in
figure, no further payments need be made. Both
adjusted buy -in figures exclude lift station costs
of Lift Station #25; Operation and Maintenance
cost sharing post -diversion would likewise exclude
Lift Station #25.
EXHIBIT B TO AGREEMENT
The adjusted buy -in figure will be mutually agreed
to in terms of time and place, and memorialized by
an amendment to this exhibit.
II. OPERATION AND MAINTENANCE COSTS
A. 45% of actual operation and maintenance expenses
shall be paid by the City in arrears by quarterly
payments based on direct labor, material and
equipment cost elements together with overhead
rates of 50% on labor, 25% on equipment charges,
and 10% on material. Post -diversion Operation and
Maintenance shall not include cost -sharing of lift
station or pressure line associated expenses based
on the assumption that any selected diversion
point will result in a bypass of Lift Station #25
and the downstream pressure line.
PAYETTE LAKES WATER AND SEWER DISTRICT
• VALLeY COUNTY, IDAHO
STANDARD SPECIFICATIONS
SECTION 5
GRAVITY SEWER SERVICE CONNECTIONS
A. Scope. This section covers District requirements for gravity sewer
service lines from the District's service stub to the home. All materials
and workmanship shall be In accordance with the Uniform Plumbing Code
as applied by the Inspecting auth"ority, and these Specifications. All
work shall be accomplished In such a manner that the service 'line Is
watertight.
B. Materials. The pipe and fittings shall be Schedule 40 PVC or Schedule
40 ABS with Integral belled gasket or solvent weld couplings complying
with the Uniform Plumbing Code. The pipe shall be clearly marked as
to size, type, thickness and appropriate ASTM number.. The minimum pipe
size shall be four (4) inches.
1. Materials used to fit or tap into service lines to existing
sewer lines shall conform to specifications set forth by the Payette
Lakes Water and Sewer District.
C. Workmanship.
1. Pipe Preparation and Jointing. All pipe shall be carefully
Inspected and no cracked, broken or defective pipe or fittings shall
be used In the work. The ends of the pipe shall be cleaned and free
from any foreign material or projection which would interfere with the
assembly of the joint. The joint shall be made In conformance with
the Uniform Plumbing code and the pipe manufacturer's Instructions.
Sufficient pressure shall be applied In making the joint to assure that
the joint Is home. Each joint shall be watertight.
2. Connection of service 'lines to existing sewer mains shall conform
to specifications set forth by the Payette Lakes Water and Sewer District.
All 90° turns wil•l be made with two (2) 45° fittings with a minimum
of 24" between fittings.
Cleanouts must be installed so that 100' of rodding equipment may reach
any point along the service connection from the cleanouts.
3. Preparation of Trench. The pipe shall be laid on a smooth
trench bottom and shall be supported along the entire length of the
pipe. The trench bottom shalt be firm with no Irregularities or stones
which will not pass a one Inch screen. The District Representative
may require over excavation of the trench and importing of a.four (4)
inch layer of suitable bedding material.
4. Initial Backfill. The material used for backfi'll of the trench
to one foot above the pipe shall be clean granular material containing
no stone which will not pass a one inch screen. The Initial backfill
material shall be placed in two layers. The first layer shall be carefully
placed'to the top of the pipe. The second layer to one foot above the
top of the pipe may be placed with 'little or moderate compaction. The
District representative may require that suitable backfill material
be imported If the trench side material ,is not satisfactory.
D. Inspection Required. All service•llnes shall be inspected by the
District Representative prior to backfIlling. The District Representative
may require air testing of'service !Ines.
E. All abandoned septic tanks should be pumped out and filled with
dirt, sand, gravel, or other appropriate material as a safety•precautlon.
•
EXHIBIT "C"