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' ' AGREEMENT q· cf.. C\ THIS AGREEMENT, made and entered into this day of , 19 91, by and between the City of Moscow, Iho,O an incorporated city, hereinafter referred to as 'CITY', and North Polk Water and Sewer District, hereinafter referred to as 'DISTRICT'. WITNESSETH: WHEREAS, the District intends to construct a domestic wastewater sewerage system to serve the DISTRICT area; and WHEREAS, the DISTRICT desires to contract with the CITY for sewage disposal services and to connect to the CITY trunk lines or interceptors as it may be necessary to provide adequate and proper sewage collection and treatment services to the DISTRICT; NOW, THEREFORE, in consideration of the covenants and agreements hereinafter set forth to be kept and performed by the parties hereto, it is mutually agreed as follows: THE CITY AGREES: 1. To permit DISTRICT to connect to CITY trunk lines or interceptors as necessary to provide adequate and proper sewage collection and treatment serv1ce to the DISTRICT, said connection being made in keeping with sound engineering practices, in a manner designated by the CITY. 2. To maintain, operate and keep in good repair the DISTRICT sewer interceptor, trunk lines, collector mains, laterals, force mains and public pumping stations as necessary to serve the DISTRICT, the cost of said service being provided through the sewer service charge; provided, however, maintenance and repair of service lines from the lateral or main to individual premises within the DISTRICT shall be the responsibility of the property owner; provided, further, maintenance or repair as the terms are used in. this section in respect to the DISTRICT, shall not include cases of major sewer pipeline breaks and damage to pumping facilities occasioned by unusual conditions such as earthquakes, floods, explosions or other disasters or major failures, resulting in a loss costing more than fifty (50) percent of the CITY's annual revenue collected from the DISTRICT. In these such cases within the DISTRICT, the cost beyond the fifty (50) percent of annual revenue, of repairing such major failures of sewer pipeline and equipment shall be the full responsibility of the DISTRICT. 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 ---PAGE BREAK--- . ' 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 year, the CITY shall certify to the DISTRICT all delinquent accounts older than three months, which amount shall be paid by the DISTRICT to the CITY. 4. To receive application 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 charged residents within the CITY, plus five dollars 00) . The CITY shall not charge a CITY hookup or connection charge to original DISTRICT patrons. 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 the 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. 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 standard 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 2 respectively, and by this reference made a part of this agreement. Such resolution and standards shall, before adoption by DISTRICT, be approved by the CITY. ---PAGE BREAK--- . . 3. To delegate by proper order, authority to CITY and its employees to perform the duties imposed on CITY in itme number 2, page 1, above. 4. To require all residents and property owners in DISTRICT to connect their houses and other structures requiring sewage disposal with adjacent sewers in the DISTRICT within ninety (90) days after the resident or property owner receives notice to connect. 5. To impose sewer service charges by resolution on property in DISTRICT served by, or available to, sewer lines constructed by DISTRICT in an amount sufficient to cover CITY's charge. The DISTRICT shall take all available legal steps to collect and enforce the sewer service charges levied by DISTRICT which CITY has not been able to collect. such delinquent sewer service charges shall be turned over by the DISTRICT to CITY, provided CITY has not already been paid by DISTRICT for said delinquent sewer service charges. The sewer service charges imposed by resolution shall be levied against property ninety (90) days after the owner thereof is given notice of an available sewer, or when actual connection occurs, whichever occurs first. 6. To provide copies of all easements, right-of-way permits, and assurances that the system is located within the easement areas. 7. To construct all DISTRICT lines and facilities at gradients, in such sizes and locations, and of such capacity as to substantially meet with standards set by the CITY. Provided that in the event the CITY so desires, for the purposes of extension of service outside the DISTRICT, CITY may pay cost difference in oversizing line and so require same. 8. To provide to the CITY certification 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 backfilled in accordance with the contract specifications. It is understood that the CITY reserves the right of ultimate acceptance 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 North Polk 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 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 ---PAGE BREAK--- easements. This shall occur without capital cost to the CITY. 11. 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. 12. 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. 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 filing' 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. 16. The DISTRICT agrees to pay to the CITY fifty-nine thousand dollars ($59,000.00) as a one-time connection fee in lieu of repairs to the CITY system. THE PARTIES AGREE: 1. That the basic sewer service charge by the 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 the City and shall include in addition thereto a surcharge of One Dollar 00) per month for each billing address in the District. The City will provide administrative services to the District. These services will consist of: billing and collection: accounting. 2. The District connection fee for original District properties within the original District boundaries shall be the city connection fee at the time of application for a permit to connect; $350.00 of said fee shall go to the District's reserve fund and the balance to the City's sewer reserve fund. ---PAGE BREAK--- The_City connection fee and a $350 District connection fee shall apply to any connection to an area beyond original 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 system and for alterations in the District's boundary are subject to approval by both 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 areas and providing information on potential sewer loads and reasons for the expansion. The city Council shall respond within 30 days with a written response stating that the expansion is approved or disapproved and, if disapproved, the reasons. 5. That the design, construction and inspection of all facilities and improvement within the 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, 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 in effect for a period of twenty (20) years from the date first set above. 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. ---PAGE BREAK--- ATTEST: Clerk ATTEST: CITY OF MOSCOW, IDAHO: NORTH POLK WATER AND SEWER DISTRICT: