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HomeMy WebLinkAboutBCVSA expansion 1980..~: '' ,_ t. _ • SUPPLEMENTAL AGREEMENT THIS SUPPLEI+IENTAL AGREEMENT is made by and between BEAR CREEK VALLEY ~: Y ~~y, /obi 6 SANITARY AUTHORITY, hereinafter referred to as "AUTHORITY," the CITY OF MEDFORD, hereinafter referred to as "MEDFORD," and CITY OF CENTRAL POINT, hereinafter referred to as "CENTRP,L POINT," the CITY OF PHOENIX, hereinafter referred to as "PfiOENIX," and JACKSON COUNTY, hereinafter referred to as "COUNTY." WHEREAS, the Authority, Medford, Central Point, Phoenix and County entered into a certain agreement dated March 3, 1969, setting forth the rights, duties and obligations of said parties in respect to the construction, operation and maintenance of a sewage treatment plant and interceptor sewer system, which agreement has been modified by supplemental agreements dated January 13, 1971 and September 13, 1978; and, WHEREAS, the participating parties wish to make arrangements for the expansion of the plant to accommodate future growth and development; and, WHEREAS, the parties intend to finance the construction of additional treat- ment facilities by imposing systems development charges. NOW, THEREFORE, it is agreed bet~•Jeen the parties as follows: 1. It has been determined that tl~e addition of existing buildings in participating entities will use up the excess capacity of the present plant and, therefore, additional capacity to serve future growth must be provided by expansion of the plant. The cost of additional capacity to serve future growth should be paid for by owners and developers of property requiring the sewer connections. Construction estimates and growth projections indicate that a systems development ~8 charge of $600 is needed to generate the funds needed for the first phase of expansion of the regional sewerage plant. Therefore, beginning January 6, 1980, the parties agree to make a systems development charge of $600 per single-family residence equivalent unit. After Qecember 31, 1980, the Regional Rate Committee shall annually review the systems development charge and may increase or decrease it, depending on the need for expansion and estimated construction costs. 2. It is understood that buildings within the jurisdiction of the parties fall into the following categories and it is agreed that systems development charges shall be applied to each category as stated below: Category A: buildings for which building permits have been issued or which are occupied prior to January 6, 1930 and are connected to the Regional plant. Buildings of Category A are not subject to a systems development charge. Category 6: Buildings for which building permits have been issued or which are occupied prior to January 6, 1980 and are not connected to the Regional plant. When connected to the Regional plant, buildings in Category Bare not subject to the systems development charge unless a sewer permit for said con- nection is issued on or after January 1, 1990. The party re- sponsible for issuing such sewer permit shall be responsible for collecting and paying over to the City of Medford the systems development charge as hereinafter provided. Category C: Buildings for which building permits are issued on or after January 6, 1980 and may be connected to the Regional plant upon completion of construction. Buildings in Category C -2- Supplemental Agreement • are subject to the systems development charge. The party re- sponsible for issuing the building permit shall be responsible for collecting and paying over to the City of Medford the systems development charge as hereinafter provided. Category D: Buildings for which building permits are issued on or after January 6, 1980 for which sewer service to the Regional plant is not available upon completion of construction. When con- nected to the Regional plant, buildings in Category Dare subject to the systems development charge. The parties responsible for issuing the sewer permit shall be responsible for collecting and paying over to the City of Medford the systems development charge as hereinafter provided. 3. The phrase "connected to the Regional plant" means connected, to a sewage collection system which discharges into the Regional sewage treatment plant. The term "building" includes a mobile home "space" or "pad" 4. Gach participating aycncy which controls sewage connections shall collect the applicable systems development charges and remit them to ~•ledford which shall be the custodian of such funds. Medford will keep the funds in a special account de- dicated to sewage plant construction. Each participating agency shall keep records of all building permits and sewer connection permits which shall be subject to audit by the Regional Rate Committee at any time. The time and method of collection of the system development charges is.left to each participating entity as to buildings within its jurisdiction. Ilowever, each entity shall pay the systems development charges into the trust fund not later than thirty (30) days after permits have been issued or at such other times as determined by the Regional Sewer Rate Committee, regardless of whetfrer the entity has collected the charges -3- Supplemental Agreement '~ • from the owner or not. 5. The Regional Sewer Rate Committee shall define from time to time as it sees fit the term "single-family residence equivalent unit" in terms of quantity and strength of wastewater produced by a typical single-family detached dwelling. The Committee shall also determine the number of such units to be attributed to other types of buildings. 6. The parties agree that the cities of Jacksonville and Eagle Point shall be allowed to connect their sewage collection systems to the regional treatment plant and to participate as equal partners in the use and operation of the plant if those Cities agree to be bound by the terms and conditions stated herein on or before January 6, 1981. Each City must agree to pay into the regional sewer plant construction fund a "buy-in charge" for each building within their jurisdictions for which building permits have been issued or which are occupied prior to January 6, 1981. Each City must pass an ordinance subjecting all other buildings within its jurisdiction to the systems development charge on the terms and conditions set forth herein. The amount of the "buy-in charge" shall be $59.00 per single family residence equivalent unit, due and payable January 6, 1981. Provided however, that at the option of either City concerned, the buy-in charge may be paid in twenty (20) equal quarterly installments plus interest at G per cent per annum on the unpaid balance with the first payment due t4arch 31, 1981 and the final payment due December 31, 1985. Upon ratification of a supplemental agreement formally admitting either or both of diem to participation, the Cities of Jacksonville and Eagle Point shall be each entitled to one representative on the Regional Sewer Rate Committee. 7. This Supplemental Agreement shall be effective upon its ratification by the governing bodies of all the parties -4- Supplemental Agreement ~• .- - . ~.: - f. IN WITNESS IdHEREOF, the parties hereto have caused their names to be hereunto subscribed and their seals hereto affixed. ATTEST: - AT T:""-- -= Cityl Reco~e~r•- _ ATTEST• GEAR CRE-K VALLEY SANITARY AUTHORITY gy-- ~ Date :-- ~~ _ -O'~~ ~7~-------- CITY OF PIEDFORD B y _ ~__ ~~~t( ~7'110~2_ flayop Date : __ ~~~~~'J ~~ d - ITY OF CENTRAL POINT Date: -JL_-~F~~~---- - CITY OF PHOENIX ATTEST: -5- Supplemental Agreement Gy __~-_ -%~ _ J - Uate:~ ~ _____ ~~___Zy_1~' f u Gy-- -- mmissioner Uate: / -oZ-$0 COUNTV OF JACKSON