HomeMy Public PortalAboutNo Date - Payette Lakes Water & Sewer District Bypass Sewer Line AgreementBY PASS SEWER LINE AGREEMENT
THIS AGREEMENT made and entered into by and between the CITY
OF McCALL, a municipal corporation of the State of Idaho,
P.O. Box 1065, McCall, Idaho 83638, hereinafter "the City",
and PAYETTE LAKES WATER AND SEWER DISTRICT, a sewer district
existing under and by virtue of the laws of the State of
Idaho, P.O. Box 1566, McCall, Idaho 83638, hereinafter "the
District",
WITNESSET H:
WHEREAS, each of the parties hereto has constructed and
installed sewer collection lines in the City of McCall,
Idaho, extending in easterly and westerly directions across
the Payette River, which lines are in close proximity to each
other, each transporting sewage in a westerly direction
across the Payette River to a common sewage treatment plant;
WHEREAS, each sewer collection line is connected to a wet
well wherefrom the sewage flows are transported across said
river and pumped to said common sewage treatment plant;
WHEREAS, the City has at its expense installed and
constructed a sewer by-pass line (hereinafter "the line") on
the east side of the Payette River connecting both collection
lines together, at a point above the wet well in the City
line to the District line at a point above its wet well, in
order to provide a safety precaution for both systems in the
event of a malfunction of either parties' sewer system
whereby sewage may be diverted from a malfunctioning system
to the other system for transport across said river to said
common sewage treatment plant.
NOW, THEREFORE, in consideration of the mutual covenants and
agreements hereinafter set forth the parties agree as
follows:
1. The City has constructed such sewer by-pass line at
its expense in conformity with plans and
specifications heretofore approved in writing. by
both parties. Final acceptance and approval of the
by-pass line shall be required by both parties
prior to the operation thereof.
2. The by-pass line connects the respective collection
lines of the parties hereto in order to shunt raw
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sewage from one system to the other to prevent a
spill of sewage into the Payette River.
3. In the event of a sewage spill or overflow, sewage
may flow only from the system installed and
operated by the District, although the failure or
malfunction causing such spill or overflow may
occur in either the City's or the District's
separate sewer system. In the event that a spill
or overflow is caused from a failure or malfunction
of the District's system or equipment therein, the
District shall hold the City harmless from any and
all fines, penalties, damage claims and liability
of any kind or nature, including court costs and
attorney fees incurred in defending against the
same. In the event a spill or overflow is caused
from a failure or malfunction of the City's sewer
system or equipment therein, the City shall hold
the District harmless from fines, penalties, damage
claims and liability of any kind or nature
including court costs and attorney fees incurred in
defending against the same.
4. In the event of a malfunction or failure in the
sewer system or equipment of either party which
requires the use of the other party's pumping
system and lines to transport sewage across the
Payette River to the said common treatment plant,
the party whose line or equipment failed, shall pay
to the other party reasonable costs for electrical
power and other costs and expenses incurred in
pumping and transporting such party's sewage across
said river to said treatment plant.
5. In the event of a failure or malfunction of a
party's sewer lines or equipment requiring use of
the other party's equipment and sewer outflow line,
the party owning such malfunctioning or failing
equipment shall repair or replace the
malfunctioning equipment within a reasonable time.
It is the intent hereof for the parties to furnish
each to the other only short term emergency
assistance.
IN WITNESS WHEREOF, the parties hereto have caused this
document to be executed by its respective governing boards
the day and year first above written.
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City of McCall:
- /i?p3, DF
JOHN J . ALLEN C-0,4„../4
Mayor
Attest:
Payette Lakes Sewer District: Attest:
OSGx..
Chairman, Board of Dir'ctors Secre,z ry
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