HomeMy Public PortalAbout1977.12.15 Cooperative AgreementCOOPERATIVE AGREEMENT
THIS AGREEMENT, Made and entered into this f_ 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. 0. 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:
NE4SW4NW4;
SE 4SW 4NW4;
SaNW 4SE 4NW 4;
SW4SE4NW4;
N2SE4SEkNW4;
That portion of the SaSE4SE4NW4 lying North and West of
a diagonal line extending from the Southwest corner of
said tract to the Northeast corner thereof; and
NkNW4NE4SW4.
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
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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. MONTHLY COLLECTIONS. The City agrees to do
the billing and collect the following fees from the District
sewer users on a monthly basis:
(a) Fees charged in order to accumulate funds for the
District's use in meeting any bonded indebtedness
obligation;
(b) Monthly sewer user charges;
(c) Sewer connection fees;
(d) Sewer development and extension charges;
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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
.:6 >,--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
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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. 0. 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
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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
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
Ac ---""day of December, 1977.
CIT McCALL D O
By
riff
ATTEST:
G
Clerk
PAYETTE WATER AND SEWER
DISTRICT, VALLEY COUNTY, IDAHO
By
ATTEST: d
lJ'I
S reta