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' . AGREEMENT THIS AGREEMENT, made and entered into this 3rd day of June , 19 91, by and between the City of Moscow, Idaho, an inc orporated c ity, hereinafter referred to as 'CITY' and Southeast Moscow Water and Sewer District, hereinafter referred to as 'DISTRICT'. WITNESSETH: WHEREAS, the Distric t intends to c onstruc t a domestic wastewater sewerage system to serve the DISTRICT area; and WHEREAS, the DISTRICT desires to c ontrac t with the CITY for sewage disposal services and to c onnec t to the CITY trunk lines or interc eptors as it may be nec essary to provide adequate and proper sewage c ollection and treatment services to the DISTRICT; NOW THEREFORE, in c onsideration of the c ovenants and agreements hereinafter set forth to be kept and performed by the parties hereto, it is mutually agreed as follows: I. THE CITY AGREES 1. To permit DISTRICT to c onnec t to CITY trunk lines or interc eptors as nec essary to provide adequate and proper sewage c ollec tion and treatment servic e to DISTRICT, said c onnec tion being made in keeping with sound engineering prac tic es, in a manner designated by the CITY. 2. To maintain, operate and keep in good repair the DISTRICT sewer interc eptor, trunk lines, c ollector mains, laterals, forc e mains and pumping stations as nec essary to servic e the DISTRICT, the c ost of said servic e being provided through the sewer servic e c harge; provided, however, maintenanc e and repair of servic e lines from the lateral or main to individual premises within the DISTRICT shall be the responsibility of the property owner; provided, further, maintenanc e or repair as the terms are used in this section in respec t to the DISTRICT, shall not inc lude c ases of major sewer pipeline breaks and damage to pumping facilities occ asioned by unusual c onditions such as earthquakes, floods, explosions or other disasters or major failures, resulting in a loss c osting more than fifty (50) percent of the CITY's annual revenue c ollected from the DISTRICT. In these suc h c ases within the DISTRICT, the c ost-of repairing such major failures of sewer pipeline and equipment beyond the fifty (50) percent of annual revenue shall be the full responsibility of the DISTRICT. ---PAGE BREAK--- 3. To collect from each DISTRICT sewer user the sewer user charge as more specifically provided for hereinafter. The CITY further agrees to collect any additional hookup fee and user charge levied by the DISTRICT for DISTRICT purposes and turn over such funds to the DISTRICT. The CITY shall have first priority on any funds collected to meet the sewer service charge of the CITY. The CITY shall make all reasonable efforts to bill delinquent accounts. on July 1 and January 1 of each year1 the CITY shall certify to the DISTRICT all delinquent accounts older than three months1 which amount shall be paid by the DISTRICT to the CITY. 4. To receive applications for and to issue permits for all connections to the sewer system in DISTRICT. The CITY shall provide inspection for all such connections and for this service each individual applicant shall pay the CITY the same inspection fee as is charged residents within CITY, plus five dollars 00) . All service 'tap-ins' shall be made by the CITY, and for this service each individual applicant shall pay the CITY the same 'tap-in' fee as is charged residents within the CITY, plus five dollars ($5.00) . These 00 fees shall not be charged to DISTRICT patrons who are within the City. 5. To administer through its Administrative Authority, the rules and regulations adopted by DISTRICT. The Administrative Authority of the CITY shall enforce compliance with said rules and regulations to the extent allowed by law. The Administrative Authority shall notify the DISTRICT of all violations of which he legally cannot obtain compliance and the DISTRICT shall take all necessary steps provided for by State law to diligently enforce rules and regulations. 6. To insure the DISTRICT sewerage facilities; the CITY will hold the DISTRICT, its officers and patrons, harmless from any and all claims that may arise as a result of operation of the system. II. THE DISTRICT AGREES 1. To comply with all Federal and state regulations, relating to sewerage systems, applicable to the CITY. 2. To take all necessary steps to adopt, keep current and enforce a resolution and standards concerning the collection and disposal of sewage within the DISTRICT. Such resolution and standards shall be in substantially the same form as the applicable ordinance and standards of CITY, which said resolution and standards are herewith attached, marked Exhibits 1 and 3 AGREEMENT; Page 2 ---PAGE BREAK--- respec tively, and by this referenc e made a part of this agreement. Suc h resolution and standards shall, before adoption by DISTRICT, be approved by the City Council. 3. To delegate by proper order, authority to CITY and its employees to perform the duties imposed on CITY under number 2, page 2, above. 4. To require all residents and property owners in DISTRICT to c onnec t their houses and other struc tures requiring sewage disposal with adjacent sewers in the DISTRICT within ninety (90) days after the resident or property owner rec eives notic e to c onnect. 5. To impose sewer servic e c harges by resolution on property in DISTRICT served by, or available to, sewer lines c onstructed by DISTRICT in an amount sufficient to c over CITY's c harge as set forth in Exhibit 2. The DISTRICT shall take all available legal steps to c ollect and enforc e the sewer servic e c harges levied by DISTRICT whic h CITY has not been able to c ollec t. suc h delinquent sewer servic e c harges shall be turned over by the DISTRICT to CITY, provided CITY has not already been paid by DISTRICT for said delinquent sewer servic e c harges. The sewer service c harges imposed by resolution shall be levied against property ninety days after the owner thereof is given notic e of an available sewer, or when ac tual c onnec tion occ urs, whichever occ urs first. 6. To provide c opies of all easements, right-of-way permits, and assuranc es that the system is located within the easement areas. 7. To c onstruc t all DISTRICT lines and fac ilities at gradients, in suc h sizes and locations, and of suc h c apacity as to substantially meet with standards set by the CITY. Individual servic e c onnec tions along existing public right-of-way shall be served by extensions of public sewer lines c onstructed to City standards, where required by the city. In such instanc es the public sewer will be required to be extended at the expense of the individual requesting c onnec tion to public sewer. Public sewer lines provided by a developer will become property of the DISTRICT. 8. To provide to the CITY c ertific ation by the DISTRICT'S engineer that the system has been tested to CITY standards; laid to line and grade within prescribed tolerances; and bedded and bac kfilled in ac c ordance with the c ontract specific ations. It is understood that the CITY reserves the right of ultimate ac c eptanc e AGREEMENT; Page 3 ---PAGE BREAK--- of the system prior to the connection of any user to the system. 9 . That for and in consideration of the City of Moscow, Idaho, supplying the Southeast Moscow Water and Sewer District the above referred to services, the Southeast Moscow Water and Sewer District hereby expresses its intent, through its Board of Directors, not to oppose annexation of the DISTRICT by the city of Moscow and, if necessary, will voluntarily dissolve the DISTRICT. 10. To provide certification from the North Latah County Highway District that the Highway District approves of the installation, operation and maintenance of public sewer lines in the public right-of-way. Restrictions to the use of the right-of-way are given in the 'Agreement' between the North Latah County Highway District and the Southeast Moscow Water and Sewer District attached herewith as Exhibit 4. 11. To turn over to the CITY, upon annexation of the DISTRICT, the entire sewerage system, together with any improvements, all operating property, right-of-way and easements. This shall occur without capital cost to the City. 12. To transfer its right and interest in any guarantees, warranties, real or implied, associated with the contracts, subcontracts, material, equipment and other related items associated with this system to the CITY at the point in time that the CITY accepts the system for maintenance. 13. That the CITY reserves the right to modify any and all equipment andjor system without cost to the DISTRICT and without approval by the DISTRICT. 14. That the CITY will not be required to maintain 'Cost F iling' records for the DISTRICT. 15. To inspect and certify that all sewer service lines within the system at the time that the CITY accepts the system for maintenance meet the standards established by the DISTRICT sewer use ordinance. III. THE PARTIES AGREE 1. That the basic sewer service charge by CITY to DISTRICT shall be uniform within each class of users (residential, commercial, or industrial) for all users located in DISTRICT. This rate shall be the same as the charges for residential, commercial, or industrial users inside the city limits of CITY and shall include in addition thereto, a surcharge of one AGREEMENT; Page 4 ---PAGE BREAK--- dollar ($1.00) per month for each such sewer user in DISTRICT. The CITY will provide administrative services to the DISTRICT. These services will consist of: billing and collection; accounting. 2. The DISTRICT connection fee shall be the same as the CITY'S with $350.00 going to the DISTRICT'S reserve fund and the balance to the CITY'S sewer reserve fund. Both CITY and DISTRICT connection fees shall apply to any connection to an area beyond current DISTRICT boundaries. 3. That the CITY has the authority to review and approve the construction plans and specifications for the initial system construction and any alterations or expansion. All sewers constructed by the DISTRICT shall conform to CITY standards for sewer line construction. Any additional cost for alterations or expansion required by the CITY that increases system capacities in order to_provide service to areas that are inside of the city shall be borne by the CITY. 4 . Applications for expansion of the sewer and for alterations in the DISTRICT'S boundary are subject to approval by the City Council and_the DISTRICT. To initiate an expansion of the DISTRICT'S boundary, the Board of Directors for the District shall submit such request in writing to the Mayor and City council defining the area and providing information on potential sewer loads and reasons for the expansion. 5. That the design, construction and inspection of all facilities and improvements within DISTRICT shall be in accordance with plans approved by the State Water Pollution Control authority and the parties hereto. 6. All decisions made by the City Council affecting the DISTRICT will be made by a majority plus one vote. 7. That upon the request of either party hereto, to negotiate with each other relative to amendments to this agreement, provided that any such amendments shall be in writing and approved by both the City Council and DISTRICT, except as otherwise provided herein. 8. That the terms of this agreement shall be reviewed at least every ten (10) years by CITY and DISTRICT. Any proposed changes must be approved by the City Council and the DISTRICT. This agreement shall be in effect until December 1, 2012. AGREEMENT; Page 5 ---PAGE BREAK--- IN WITNESS WHEREOF, the City of Moscow, Idaho, has caused this agreement to be executed by its Mayor and Administrative Secretary and the seal of the City to be affixed thereto, and the Board members acting for the DISTRICT have caused this agreement to be executed on the date first above written. ATTEST: Elaine Russ1t y Clerk ATTEST: AGREEMENT; Page 6 CITY OF MOSCOW: p SOUTHEAST MOSCOW WATER AND SEWER DISTRICT ---PAGE BREAK--- To: Mayor Paul Agidius City of Moscow 6/11/91 From: Kathleen Warnick, Secretary Southeast Moscow Sewer and Water District At its meeting June 10, 19917 the Board of Directors of the Southeast Moscow Water and Sewer District tok the following action: Prichett moved to approve the revised City District Ageeement and authorize the chairman to · sign the Agreement8 Seconded and passed9 ---PAGE BREAK--- STATE OF "0 County ot(:jc£\cJr\, ss on this QlD day of , 1991, before me a Notary Public in and for said Sta appeared Conrad c. Smith, known to me to be the person named above and acknowledged to me that he executed the foregoing agreement. STATE OF WAS)-! I TON County of Ac\LA\\.}E, ss l ' on this 10 day of : (Y)A> , 1991, before me a Notary Publi@! HA'ti9B said State, appeared Max c. Stockwell, knof9. CDEFGH b9IJhe person named above and acknowledged to me J the foregoing agreement. / • 0 • 1 0) • $ lf} NOT,'l,RY 1< : ; j { J % # *.LIC } ll. V cJL U\ 2: 0 Notary Pu ic in and for f/11' • V/ r • 7 c@ State of A£H 11\.lGioN • • • 0. 4 rf K; C:DiY\.m.tS:L1Mc\) £Xf'112cS T '''Juuu•'\ STATE OF ss County of On this day of , 1991, before me a Notary Public in and for saidKa appeared Stanley c. Stockwell, known to me to be the person named above and acknowledged to me that he executed the foregoing agreement. DEVELOPMENT AGREEMENT; Page 7 ---PAGE BREAK--- I • STATE OF _ _ ) ) ss County ofCT8 ) State of On this day of I 1991, before me a Notary Public in and for said st6, appeared Paul c. Agidius and Elaine Russell, known to me to be the Mayor and city Clerk of the city of Moscow and acknowledged to me that they executed the foregoing agreement. DEVELOPMENT AGREEMENT; Page 8