HomeMy WebLinkAbout02 20 2019 Study SessionCITY OF CHUBBUCK
SPECIAL COUNCIL STUDY SESSION AGENDA
FEBRUARY 20, 2019 — 4:00Pm
LOCATED AT
CHUBBUCK CITY HALL
5160 YELLOWSTONE AVE.
CALL TO ORDER: Mayor England
COUNCIL MEMBERS PRESENT:
STAFF MEMBERS PRESENT:
AMEND COUNCIL STUDY SESSION AGENDA:
GENERAL BUSINESS:
1- Presentation from the Builders Association.
2- Presentation on Building Permits, and the NWSI.
3- Discussion on Building Permits, Impact Fees, and the NWSI Connection Fee.
GENERAL ANNOUNCEMENTS:
AD7OURN:
City Hall and the City Council Chambers are accessible For persons with disabilities. Any person needing special accommodations to participate
in the meeting should contact City Clerk, Rich Morgan at 208.237.2400 at least 24 hours prior to the meeting.
The following represents the items that I think you can negotiate on in regards to fees:
NWSI dropped to 2400.00
NWSI dropped to 1200.00 because the owner pays up front and will also pay the 10.50 portion for
the next 15 years
Police and Fire Fees as proposed by the city
Park fee to be 1200.00 which includes the current 400.00 park guarantee fee and the minimum size
of parks to be increased to 45,000 sq ft.
On the Stuart Nelson project, the current increase in lots without a park will cover the additional
costs of Storm Water Retention as long as the estimates of 1500.00 per lot are accurate and not
higher. (It should be pointed out to the council that the study determined current service levels and
in the last 5 yrs Chubbuck had major improvements with funding from CDA, Businesses and Non-
profit groups to improve Capell park, the Osborne complex and Stuart Park that shouldn't be used
in our opinion to determine service level.)
The City has the ability to change the fee structure of the NWSI, its assumptions of the build out
were not correct, and they were required to add a monthly fee to service the debt. The fee can be
collected in its entirety to keep the city whole and to provide future seed money for the next phase
of a sewer build out. Sections 6,7 & 8 of the email I sent talk about how the fee was determined.
Current fee is set at 50% build out so each builder pays for the equivalent of two connections.
The Council needs to be asked to do them all at the same time for the builders to agree, if they
aren't done together, I believe you will only see lip service and an increase in the fee.
CITY OF CHUBBUCK
Building Permit 1,477.Q0
Permit Fee based on 1997 UBC Valuation
$
Table as adopted by Ordinance
Fee based on rate study. Represents the
Water Connections $ 2,250.00 proportionate share of each SFR impact cost
(buying into) to the existing water system
Fee based on rate study and NWSI committee
recommendation. Amount is based on 1) SFR
Sewer Connection $ 5,490.00 amount required to service debt 2) amount to
fund future replacement
Treatment Plant 1,940.00
Pass along cost to City of Pocatello for
$
Treatment Plant fees
Water Meter 400.OQ
Actual cost of the hardware required to install
$
new meter facilities.
Utility Deposit 100.00
Cost to setup new account and provide
$
security deposit on the account
$ 11,257.00
Other
Only applicable if park is being built by
Park Guarantee $ 400.40 developer in future phase. Monies are
returned to developer upon park completion
Cash -in Lieu of Park varies $1,700 to Discounted amount for cash in lieu of parks
$2,200 (up to $4400) per current ordinance
2/20/2019
Loan Number
W WO803
W W 1015
W W0903
W W 1014
WW10D9
Current Debt Reduction $
NWSI Utility Billing
CDA Contribubion
1/1/2019
Description
Planned Amount
Actual Amount
Closing Date
Term
End Date
Interest Rate
Annual
Payment
Loan Balance {est.)
JUB Design Services
$ 1,400,000.00
$ 1,400,000.00
5/1/2011
20
3%
$
-
$
Land
$ 91,250.00
$ 130,630.00
10/1/2011
20
10/1/2031
0%
$
6,531.50
$ 108,000.00
Land
$ 219,976.00
$ 219,976.00
3/9/2010
20
3/9/2030
0%
$
1D,998.80
$ 126,500.00
Project "A"
$ 9,389,548.00
$ 8,510,284.00
10/1/2013
20
10/1/2033
0%
$
425,514.20
$ 6,117,000,00
Project "B"
$ 8,701,260.00
$ 8,190,008.00
10/1/2015
20
10/1/2035
0%
$
409,500.00
$ 6,532,000.00
$ 19,802,034.00
$ 18,450,898.00
$
852,544.50
$ 12,983,560.00
5,467,398.00
$ 690,000.00
Number of connections required to offset NW51 utility
billing
126
$ 228,000.00
Number of connections required to offset CDA contribution
42
(every year)
167
JOINT POWERS AGREEMENT
OF THE
CHUBBUCK IMPACT AREA WASTEWATER COLLECTION AUTHORITY
FOR THE
CHUBBUCK IMPACT AREA WASTEWATER COLLECTION FACILITIES
THIS AGREEMENT IS MADE by and among:
CITY OF CHUBBUCK, an Idaho Municipal corporation ("Chubbuck' ;
BANNOCK COUNTY, ("Bannock"); and
CITY OF POCATELLO, an Idaho Municipal corporation ("Pocatello")
who are referred to herein individually as "Entity" and collectively as "Entities".
RECITALS
A. Chubbuck and Pocatello are municipal corporations of the State of Idaho and are
authorized by law to provide sanitary sewer collection, transmission, treatment, and disposal
services to their inhabitants.
B. Pocatello owns, operates and maintains a sewage treatment facility that receives and
treats the sewage collected currently by Chubbuck.
C. Bannock County is authorized by Section 31-877, Idaho Code, to provide necessary
water and sewer service to any part of the county which does not receive water and sewer service
and, to that end, is granted the same authority as is granted by law to water and sewer districts and
to municipalities.
D. The parties to this Agreement have determined that there is an immediate and pressing
need, due to conce7ls about contamination of the ground water aquifer that serves as a source for
some of the potable water for Entities, to provide a means to collect sewage generated within the
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Chubbuck Area of City Impact ("Service Area") and deliver it for treatment to the sewage
treatment facility owned by Pocatello.
E. Sections 67-2327 through 67-2333, inclusive, Idaho Code, expressly authorize any
public agency to exercise jointly any power, privilege or authority with any other public agency
having the same powers, privileges, or authority.
F. The parties to the Agreement have determined that it is in the best interests of the
parties and their inhabitants to provide for the creation of a regional wastewater authority for the
provision of a regional sewage collection facility along with suitable transmission mains and Lift
stations to serve the needs within the boundary of the Chubbuck Area of City Impact.
G. The parties to this Agreement contemplate providing sewage collection service to the
Chubbuck Area of City hnpact as defined herein and described by the attached Exhibits
incorporated herein which pertain to the Facility and the operations of the Board:
Exhibit Description
A Schematic Map showing the Chubbuck Area of City Impact the proposed
preliminary Iocations of each construction phase of the sewer collection system. The reap also
depicts the location of the Pocatello Wastewater Treatment Plant.
NOW, THEREFORE, for and in consideration of the mutual covenants contained in this
agreement, the entities agree to the following:
ARTICLE L DEFINITIONS, PURPOSE, AUTHORITY
1.1 Definitions. For the purpose of this Agreement, the following terms sliall have the
following definitions:
1.1.1 Act means Sections 67-2327 through 67-2333, inclusive, Idaho Code.
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1.1.2 Administrator means the administrator of this Agreement appointed pursuant to
Section 3.1 of this Agreement.
1. 1.3 Agreement means this Joint Powers Agreement.
1.1.4 Authority means the Regional Wastewater Authority created by this Agreement.
1.1.5 Bannock means Bannock County, Idaho, apolitical subdivision of the State of
Idaho.
1.1.6 Biochemical Oxygen Demand means the quantity of oxygen utilized in the
biochemical oxidation of organic matter (BOD): under standard laboratory procedures for
five (5) days at 20 degrees centigrade, usually expressed as a concentration (i.e.,
milligrams per liter)
1. 1.7 Board means the board of directors appointed pursuant to Section 3.2 of this
Agreement.
1, 1.8 Categorical Pretreatment Standard means any regulation containing pollutant
discharge limits promulgated by the U.S. EPA in accordance with Sections 307(b) and (c)
of the Act (33 U.S.C. 1317) which apply to a specific category of Customer and which
appear in 40 CFR Chapter 1, Subchapter N, Parts 405-471.
1.1.9 Categorical User means a User or Customer covered by one or more Categorical
Pretreatment Standards.
1.1.10 Chubbuck means the City of Chubbuck, a municipal corporation of the State of
Idaho, Iocated in Bannock County, Idaho.
1. 1.11 Clean Water Act means the Clean Water Act of 1977 as codified in 33 U.S.C. 1251
el. Seq.
1.1.12 Code of Federal Regulations (CFR) means the United Slates Code of Federal
Regulations.
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1.1.13 Customer means a connection to a collection system of a User that contributes flow
to the Facility.
1.1.14 Entities means, collectively those political organizations that participate in the
governance of the sewer authority and that have a voting seat on the board; initially defined
as, Chubbuck, Bannock and Pocatello.
1.1.15 Environmental Protection Agency (EPA) means the United States Enviro;mlental
Protection Agency or other duly authorized official of said agency.
1.1.16 Equivalent Residential Unit (ERU) means a volume or rate of flow of wastewater
representing the flow and strength of wastewater typically associated with a connection to
the Facility for a single family residence within the service area of the Authority.
1.1.17 Facility means the Chubbuck Impact Area Wastewater Collection Facilities as may
be from time to time developed by the Authority but which are currently set forth in the
North Bannock County Sewer Feasibility Study dated February, 2007 as prepared by J -U -B
Engineers, Inc., and described in Section 6.1 of this Agreement. This expressly excludes
any systems, property, or facilities owned or operated by Bannock or Pocatello.
1.1.18 Federal Priority Pollutant List means the list of toxic pollutants identified in the list
included in 40 CFR, Part 403
1.1.19 Industrial User means a non-domestic user or customer.
1.1.20 Industrial Waste means the solid, liquid or gaseous waste resulting from an
industrial, manufacturing, trade or production process or from the development, recovery,
refining, or processing of natural resource.
1.1.21 NPDES means the National Pollutant Discharge Elimination Systcm permit
program as administered by the U.S. Environmental Protection Agency.
1.1.22 Parties means, collectively, Chubbuck, Bannock and Pocatello.
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1.1.23 Pocatello means the City of Pocatello, a municipal corporation of the State of
Idaho, located in Bannock County, Idaho.
1.1.24 POT W means Publicly Owned sewage treatment works owned and operated by the
City of Pocatello.
1.1.25 Pretreatment means the reduction of the amount of pollutant, the elimination of
pollutants, or the alteration of the nature of pollutant properties in wastewater to a less
harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into
the Facility. This reduction or alteration can be obtained by physical, chemical, or
biological processes; by process changes; or by other means, except by diluting the
concentration of the pollutants unless allowed by an applicable pretreatment standard.
1.1.26 Pretreatment Standards means prohibited discharge standards, categorical
pretreatment standards and local limits established by the Authority and/or by Pocatello
with respect to the POTW.
1.1.27 Private Sewer means all sewer except public sewers.
1. 1.28 Public Sewer means a sewer which discharges directly or indirectly into the Facility
and which is owned by the Authority and located on public property or within a publicly
owned easernent.
1.1.29 Residential Unit means a building or structure or portion thereof that is constructed
and used primarily for single-family residential purposes.
1.1.30 Sanitary Sewer means a sewer that conveys, or which is intended to convey,
sanitary sewage or industrial waste, or a combination of both.
1.1.31 Service Chane means the charge assessed by the Authority for operation and
maintenance of the facility, debt service, and reserve fund.
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1.1.32 Significant Industrial User means a User subject to Categorical Pretreatment
Standards or a User that discharges an average of 25,000 gpd or more of process
wastewater into the Facility or contributes a process wastestream which makes up five (5)
percent or more of the average dry weather hydraulic or organic capacity of the Facility or
is designated as such by the Authority on the basis that it has a reasonable potential for
adversely affecting the Facility's operation or for violating any pretreatment standard.
1.1.33 Total Suspended Solids means the total suspended matter that floats on the surface
of, or is suspended in, water, wastewater, or other liquid, and which is removable by
laboratory filtering.
1.1.34 Treatment Works means those devices and systems defined in Section 35.905-23
of the Federal Register, Vol 39, Number 29, Pt. III, published February 11, 1974.
1.2 Name, Composition, Office, and Term. The principal office of the Board shall be
at the City of Chubbuck offices, or at such other place as may be designated by the Entities.
This Agreement and all records of the Board shall be maintained at the office and shall be
available to all Entities and all members of the general public for inspection and/or copying
(at the requesting party's expense) at reasonable business hours and on reasonable notice.
1.3 Purpose
A. The purpose of this Agreement is to provide for the financing, design, acquisition,
construction, management, and operation of a sewage collection facility (the "Facility") along with
transmission mains and lift stations to serve the Users. Users are classified as follows:
1. City Users are those Users that own and operate a collection system under Idaho
Law and are represented on the Board by their Entity Board member, currently defined as
Chubbuck. The Chubbuck Service Areas are generally coextensive with the jurisdictional
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boundaries of the City and may be expanded within the accepted service area of the Authority at
the discretion of the individual User, subject only to the provisions of Section 5.3 below.
Private Users are those private individual and corporation Users provided sewer
service by virtue of their location within the County and represented on the Board by their Entity
Board (County) niember.
User.
3. Private Users are encouraged to participate in the Facility through a City or County
B. The collection system conteTnplated by this Agreement will serve the Chubbuck Area
of City Inpact so the costs of such collection system will not be shared by or passed on to
Pocatello or Bannock. Bannock does not operate a sewer collection service but is the present
jurisdictional authority for those that will be served by the Facility contemplated herein. Pocatello
however maintains the POTW which will treat all of the wastewater collected by the system,
subject to the limits set out in the Municipal Wastewater Treatment Agreement between Chubbuck
and Pocatello dated July 19, 2007. The passing on of the capacity/coni-lection fee to Pocatello's
POTW attributable to this collection system are addressed in Section 5.3, paragraph 3 below.
Pocatello has joined as a member of this Authority to facilitate groundwater protection and to
increase the sharing of information and planning for future growth, expansion and impacts from
services in (lie Chubbuck Area of City Impact; however none of the costs of Facility shall be bonne
by or be passed onto Pocatello.
Additionally, the Municipal Wastewater Treatment Agreement executed by Chubbuck and
Pocatello has a portion of the POTW "reserved" for Chubbuck's capacity. Any users that connect
to the Facility contemplated by this Agreement shall be allocated to Chubbuck's "Reserve"
capacity under said July 19, 2007 Municipal Wastewater Treatment Agreement, Should any
provision of this Agreement conflict with any provision in the above-named Municipal
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Wastewater Treatment Agreement, or any amendments thereto, the provisions of the Municipal
Wastewater Treatment Agreement shall control.
C. It is the intent of Baraiock and Cliubbuck that, at the time sewer is made available to
properties within the Service Area, no then existing property served by a septic system will be
required to hook up to the sewer and pay a connection fee. Authority may give an incentive, to be
decided by Authority in the Form of a reduced connection fee to the Facility, for existing properties
to connect to the sewer. As the septic services for properties existing when the sewer is made
available fail, permits for septic would not be issued if the property was within a reasonable
distance to the sewer so that it could be connected to the sewer.
D. The North Bannock County Sewer Feasibility Study prepared February, 2007 by JUB
Engineers, Inc. uses and assumes the density of build out in the Chubbuck Area of City Impact to
be 2.9 dwelling units per acre and bases the funding of the improvements on connection fees being
paid at the rate of 2.9 dwelling units per acre. Batmock and Chubbuck acknowledge that the
determination of the connection fee to the Facility for those lots that may be developed at a lesser
density would be determined by the Authority and would constitute a "Major Decision" as defined
below that would require the Affirmative vote of each of the Entities comprising the Authority.
1.4: Authority. This Agreement is entered into under the authority of the Act and
Chapter 3, 10, and 17 of Title 50, Chapter 32 and 41 of Title 42, and Section 31-877, Idaho Code.
ARTICLE 2. DURATION, AMENDMENT AND TERMINATION
2.1: Terns. The term of this Agreement and of the Board shall be for so Iong as the
Facility, or any part thereof, is required to provide sewer collection service for Users in the area to
be served by the Facility unless sooner terminated in accordance with Section 2.3 of this
Agreement.
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2.2: Amendment. The Parties reserve the right to amend this Agreement at any time
by written unanimous agreement of the Parties; provided, that no amendment shall violate or
impair any then -existing contractual obligation relating to the Facility, including, but not limited
to, contracts relating to the financing of the Facility.
2.3: Terminatiou. The Entities reserve the right to withdraw from this Agreement, by
written notification to all other Entities at any time prior to its stated termination date; provided
that no such withdrawal shall occur unless and until adequate provisions have been made for any
then -existing contractual obligations relating to the financing of the Facility, all property of the
Authority owned jointly by the Entities, and all other financial obligations shared by the Entities, if
any.
ARTICLE 3. CREATION OF REGIONAL WASTEWATER AUTHORITY
3.1: Regional Wastewater Authority. There is hereby created a separate legal entity,
pursuant to Section 67-2328, Idaho Code, to be known as the Chubbuck Impact Area Wastewater
Collection Authority (the "Authority"). The Authority shall be a public entity of the State of Idaho
with the powers set forth in the Agreement. The purpose of the Authority shall be (1) to acquire,
constRICt, own, operate, and maintain the Facility, and (2) to provide wastewater transmission and
disposal services to the Service Area by means of the facility, or such alternative or additional
facilities as the Entities may hereafter authorize.
3.2: Administrator. The Authority may at its discretion and if determined to be as the
best interest of the Authority hire administrative staff to serve as the administrator of the
Authority, contract with an outside corporation to serve as the administrator, or contract with one
of the Entities to perform the role of administrator. in the interim, Chubbuck, acting by and
through its Mayor and Council or such other official of Chubbuck as the Mayor and Council shall
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designate, shall serve as the Administrator of the Facility and of this Agreement, subject to the
continued and on-going approval of the Board.
3.3: Board of Directors. The Authority shall be governed by a board of directors (the
"Board")_ Following formation of the Authority, each Entity shall appoint two (2) individual
representatives, each of whom shall be fully authorized and empowered to attend all meetings and
vote on all Board matters on behalf of the respective Entities. The Board must ratify each director
by a two-thirds majority. Each Entity shall designate one representative as "primary" and the
other as "secondary", with the function of the secondary representative being only to act in the
absence or unavailability of the primary representatives. Each Entity shall provide and maintain at
the office of the Board, a duly authorized resolution of that Entity setting forth the authority of the
individual representatives to bind such Entity with respect to all decisions required of or deemed
appropriate by the Board. Except for the Major Decisions described in Article 5 below, which
must be approved by direct action of each Entity, the representatives shall have fill authority to
vote on behalf of the Entities with respect to Board business, and it shall be the responsibility of
each Entity to provide guidelines to its representatives as to how that Entity's interests should be
voted. Directors so appointed may, but need not be, members of the governing board of the
appointing Entity. A director shall receive no salary for service on the Board, but may be
reimbursed for actual out-of-pocket expenses incurred in connection with Authority business by
the Authority in accordance with the policies of the Authority. Any director may be removed at
any time by the Entity that appointed that director.
3.4: Officers. The Board shall designate one (1) of its members as chairman, one (1) as
vice-chairman, and one (1) as secretary, and shall appoint a treasurer, who need not be a member
of the Board, any of whom may be removed in the manner provided in the bylaws of the Board.
The Board may appoint other officers as is deems necessary.
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3.5: Duce. The principal office of the Board shall be at the City of Chubbuck offices,
or at such other place as may be designated by the Board. This Agreement and all records of the
Board shall be maintained at the office and shall be available to all Entities and all members of the
general public for inspection and 1 or copying (at the requesting party's expense) at reasonable
business hours and on reasonable notice.
3.6: Bylaws & Meetings.
3.6.1 Regular Meetings: Regular meetings of the Board shall be conducted at least
monthly at such time and place as may be fixed by the Board. Notice of the time and place of each
regular meeting shall be given to each primary representative, personally, or by mail or telephone,
at least three (3) days prior to the day of the meeting, and shall be posted on the door of the Board
office.
3.6.2 Special Meetings: A special meeting of the Board may be called by any
participating Entity. Except in the case of an emergency, notice shall be provided and posted in
the manner prescribed for notice of regular meetings, and shall include a description of the nature
of any special business to be conducted by the Board.
3.6.3 Waiver of Notice: Before or at any meeting of the Board, any participating Entity
may waive notice of such meeting, and such waiver shall be deemed equivalent to the giving of
such notice to that Entity.
3.6.4Quorum: Any sixty-six percent (66%) of Directors shall constitute a quorum, and a
majority of the quorum present shall be sufficient to take any action, except as noted elsewhere in
this agreement. However, in the absence of a quorum at a duly noticed meeting, the attending
Entities present may adjourn the meeting to another time, but may not transact any other business.
Any such adjournment for lack of attendance shall be to a date not less than five (5) days, nor
more than twenty (20) days from the original meeting date. Notice for this reconvened meeting
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shall be provided by the Entities in attendance, in the same manner as for regular meetings. At any
such reconvened meeting, which is not attended by a yuorurn, the attending Entities shall be
empowered to take any action on behalf of the Board which would be authorized by this
Agreement, except for the Major Decisions described in Article 5 below, which shall require
unanimous consent in all cases.
3.6.5 Open Meetings: Regular and special rnectings of the Board shall be open to all
members of the public; provided, however, that only the representatives of the Entities (or the
Entities themselves) may participate in the actual decision-making.
3.6.6 Compliance: Regular and special meetings of the Board shall be conducted in
compliance with Sections 67-2310 through 67-2347, Idaho Code.
3.6.7 Bylaws: The Board shall adopt bylaws for its operation.
ARTICLE 4, POWERS OF THE BOARD
4,1: Powers. In addition to any other powers set forth in this Agreement, the Board of
the Authority shall have any may exercise the following powers in the name of the Authority:
To prosecute or defend, as the case may be, any suit, arbitration, or administrative
proceedings asserted against or brought on behalf of the Board.
2. To adopt an official seal and alter the same from time to time
3. To authorize any action by motion, resolution, or other official action.
4. To promulgate and adopt all necessary rules and regulations for the management
and control of the Facility and any other property or facilities under the control of the Authority.
5. To order, direct, superintend, and manage all repairs, alterations, and improvements
to the Facility and any other property or facilities under the control of the Authority.
6. To acquire real property by purchase or lease and to acquire, construct or lease
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buildings, structures, facilities, and equipment as it may deem necessary to fulfill its duties.
7. To acquire in the name of the Authority by gift or purchase, or by lease, such
personal property as it may deem necessary in connection with the improvement, extension
enlargement, or operation of the Facility and any other property or facilities under the control of
the Authority, and to sell convey, lease, or dispose of any personal property in accordance with the
applicable statutory requirements to counties, upon such terms and conditions and for such
consideration as the Board deems appropriate.
8. To negotiate agreements with a Health Department, Department of Environmental
Quality, and other local, state, or federal agencies, for funding, design, etc., of the initial and
subsequent Phases of the Facility.
9. To enter into contracts and agreements, cooperative and otherwise affecting the
Facility and any other property or facilities under the control of the Authority, including contracts
and assurances with the United States of America and any of its agencies or instrumentalities, the
State of Idaho and any of its agencies or instrumentalities, any corporation or person, public or
private, any municipality, and any political or govenunentaI subdivision, within or without the
State of Idaho, and to cooperate with any one (1) or more of them in acquiring, constricting,
operating, or maintaining the Facility and any other property or facilities under the control of the
Authority.
10. To receive moneys or property from any Party and receive gifts, grants, and
donation for money or property from any person or entity, to expend or utilize the same for the
purposes of the Authority, to deposit moneys in accordance with the public depository laws of the
state, and to invest moneys of the Authority in investments permitted under Sections 67-1210 and
67-1210A, Idaho Code,
11. To Borrow money and incur indebtedness, not exceeding the budgeted revenues
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and expenses for the then -current fiscal year of the Authority, and to evidence the same by notes,
warrants or other evidence of indebtedness.
12. To open bank accounts in the name of the Board, designate the authorized
signatures therefore, and make deposits and withdrawals from Board accounts on the signatures of
one or more designated individuals.
13. To have the management, control, and super ision of the Facility and any other
property or facilities under the control of the Authority.
14. To retain or employ, discharge, and pay the compensation of the Managing Agent,
accountants, contractors, engineers, laborers, Facility operators, consultants, lawyers, and others
whose services are required or necessary.
15, To perform rate analysis and establish User fees, and to provide minimum
standards for sewer use, spill control, and industrial pretreatment.
16. To fix, periodically increase or decrease and collect rates, fees, tolls, or charges for
the use or availability of the Facility and any other property or facilities under the control of the
Authority.
17. To monitor actual flows to the Facility and actual numbers of Equivalent
Residences (ERs) connected to the Facility from all Users, and to require control of significant
commercial and industrial discharges.
18. To establish billing procedures and provide for the collection of funds froni all
Users for repair, maintenance, and operation of the Facility, including such sinking field reserves
as may be considered necessary.
19. To establish bookkeeping and auditing procedures for the receipt and expenditures
of all funds collected by the Board.
20. To furnish an annual status report to each Entity on the Facility, including an audit
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of all financial aspects and the status of actual flows and hookups from each Entity.
21. To review and approve contracts for acquisition, design, construction management,
and construction of Facility components, even though only one (1) Entity may be providing the
funding or acting as the "Iead" Entity with respect to the construction of any such component.
22. To apply for and cause compliance with the requirements of any grant or loan
which would be utilized to establish or increase capacity for the Facility or reduce expenses of
operation of the Facility_
23. To maintain civil actions for the abatement of any violation of any of the
Authority's rules, regulation, or standards.
24. To insure the Facility and related property and any other property or facilities under
the control of the Authority and to enter into contracts for insurance, including, but not limited to
liability insurance.
25. To exercise all or any part or combination of the powers set forth in this
Agreement, and to do all things necessary or incidental to the proper operation of this Agreement.
4.2: Limitations on Power. A. Nothing in the foregoing enumerations of powers
shall be construed as (1) authorizing the Board to create any legal, contractual, fiscal, or tort
obligation binding upon the Entities, nor (2) to incur any indebtedness or liability exceeding the
revenues of the Authority for any one (1) fiscal year. The Authority may not exceed the individual
powers relating to financing public projects of the individual Entities comprising the Authority.
B. The Authority shall have no power to levy or cause to be levied any taxes or to require
the Entities to levy any taxes.
JOINT POWERS AGREEMENT - Page 15
chubbuck082307JPA.wpd
ARTICLE 5. MANAGEMENT, FINANCE AND ACCOUNTING
5.1; Management. A. The affairs of the Board shall be managed by all participating
Entities, tluough their respective representatives, with all decisions to be made by a majority vote
of the Board at a regular or special meeting (but excluding Major Decisions as defined below);
provided, however, that the Board may unanimously appoint a Managing Agent, who may or may
not be a representative of ani Entity, to manage the day to day administrative affairs of the Board,
subject to such scope and limitation as may be unanimously agreed upon by the Entities.
B. Regardless of the appointment of a Managing Agent, or of the general authority of the
Entity representatives as set forth herein, the following major decisions ("Major Decisions") shall
require the written approval of all Entities (acting directly through their representatives):
Sale, transfer, or encumbrance of all or any part of the Facility.
2. Adoption or revision of an operational budget for the Board, or the incursion or
payment of any obligation or contract, except as specifically contemplated in a unanimously
approved budget.
Expansion or reduction of the capacity of the Facility except as specifically
contemplated elsewhere in this Agreement.
4. Modification or amendment of this Agreement.
Negotiation, amendment, or modification of agreements for the acquisition or
disposition of rights in land and/or improvements, including, without limitation, the agreements
for use of the Transmission Mains.
6. Negotiation, amendment, or modification of agreements with Bannock County or
other Entities pertaining to the Service Area; provided however this Agreement shall not have any
impact upon the ability of Chubbuck and Bannock to independently renegotiate the Chubbuck area
of city impact and such renegotiated area is not subject to the approval of Authority.
JOINT POWERS AGREEMENT - Page 16
chubbuck082307JPA.nvpd
7. Establishment, modification, or revision of rates to be charged Users in the service
areas for sewer hookups or transmission services including the connection fee for those lots that
may be developed at a lesser density than utilized in the North Bannock County Sewer Feasibility
Study prepared by JUB Engineers, Inc.
8. Appointment, establishment, or verification of the authority of Managing Agent.
9. The resolution of a voting deadlock between representatives.
10. The doing or causing to be done of any act which would have a material adverse
effect on the Board of the Facility or which would impose a financial obligation on the Board or
either Entity over and above those imposed under a duly approved budget of the. Board.
5.2: Accounting Issues.
5.2.1 Accountiag: The books and records of the Board shall be kept on a cash basis in
accordance with generally accepted accounting principles applied on a consistent basis from year
to year.
5.2.2 Fiscal Year: The fiscal year of the Authority shall commence on October 1 of each
year and shall end on September 30 of the following year.
5.2.3 Annual Budget: The Board shall prepare a preliminary annual budget for each fiscal
year, showing the anticipated revenues and expenditures, which budget shall be adopted as set
forth hereinafter. If the preliminary budget provides for a revenue request from the Entities, the
preliminary budget shall be certified to the Entities prior to the publication of the preliminary
budgets of the Entities. Nothing herein shall be construed as obligating the Entities to grant such
revenrrc request and it is specifically contemplated at the time of entry into this Agreement by each
of the Entities that the Facilities and services provided by Authority shall be financed solely by
loans, grants or revenues from. the Facility and services provided.
JOINT POWERS AGREEMENT - Page H
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5.2.4 Budget Review & Adoption: On or before the last Monday of July, there shall be
held at a time and place determined by the Board, a meeting and public hearing upon the proposed
budget of the Authority. Notice of the meeting and public hearing shall be published in a
newspaper of general circulation in each of the Entities in one (1) issue thereof. The place, hour,
and day of such hearing shall be specified in said notice, as well as the place where such budget
may be examined prior to such hearing. A summary of such proposed budget shall be published
with and as part of the publication of such notice of hearing in substantially the form required in
Section 31-1604, Idaho Code. On or before August 5 of each year, a budget for the Authority shall
be approved by the Board and certified by the Board to all Entities.
5.2.5 Sewer Service Charges: With respect to each User, the Board shall be responsible
for assessing and collecting from each Entity (or directly from the Entity Users, as detennined by
the Board):
1 _ A debt service fee in an amount established by the Board [which shall be uniform
for all Customers as determined on an ERU, Equivalent Dwelling Unit (EDU) or Single Family
Unit (SFU) basis] for the debt service including the interest of the initial capital expense of
constructing the Facility.
2. A correction fee or its equivalent (sometimes referred to as a "capitalization fee")
in a rninirnum amount as established by the Board (which shall be uniform for all Customers as
determined on an ERU basis, and which shall be subject to periodic adjustment by the Board.
Even though the capital expense of constructing the Facility shall be paid by the initial Users, the
purpose of the charge described in this subparagraph is to create a reserve fund for the
maintenance and irnprovement of the Facility and to spread the burden of capital expenses over the
customer base of new Users as well as the original Users.
JOINT POWERS AGREEMENT - Page 18
chubbucko82307JPA,wpd
I Fees established periodically by Pocatello for the POTW which shall be collected
and remitted to Pocatello.
4. Periodic assessments, as established by the Board, in amounts sufficient to provide
for repair, maintenance, and operation of the Facility and reserves therefore ("O&M fees") with
each Entity's and User's share of costs to be computed in accordance with the general policy
guidance of Section 6.3 below. The intent of the parties is to have 0&M fees be uniform for all
customers as determined on an ERU basis, to the extent that the fees pertain to operation and
management of the Facility as defined herein; however, the Board may, in its discretion, adjust
fees to individual Entity Users if the Board undertakes management and operation of collection
systems owned by the Entities but which are not part of the Facility. Chubbuck, until such time as
the Board directs otherwise, will bill for and collect all User fees and remit same to Authority or
any other entity for which a fee is collected.
S. A. In addition, the Board may establish a fee, provided that the method for
determining the fee is consistent across the Users, to pay for costs associated with the
disproportionate burden of conveying and treating flows in excess of the defined ERU allocation
for the User. This fee is intended to encourage each Entity to remedy infiltration and inflow
problems within their respective collection system.
B. While each User must collect, at a minimum, debt service fees, O&M fees and
discharge/hookup fees established by the Board, this section in no way precludes each User from
establishing its own 0&M fees and discharge/hookup fees for the area within its jurisdiction.
Minimum 0&M fees and discharge/hookup fees must be collected by each User and deposited in a
dedicated fiend maintained by the Board on a monthly or quarterly basis.
C. Each User agrees to provide, by Ordinance, that discharge/hookup fees or their
equivalent will be collected for each building or structures requiring new or additional sewer
JOINT POWERS AGREEMENT - Page 19
chubbuck082307JPA.wpd
service within its Service Area boundaries and to standardize its definition of an HRU with those
of the Authority and the allocation of ERUs to a particular property. Each User agrees to provide
periodic reports as required by the Board giving the numbers of structures, ERUs assigned, the
amount of fees collected, and other relevant information requested by the Board.
5.2.6 Proration; Indemnification: It is the intent of this Agreement that all costs be borne
by the Authority and not by any Entity; however initial costs incurred shall ba borne by Chubbuck
as the lead Entity.
Further, in the event of a federal, state or local court action, concerning the Facility,
Chubbuck and/or the Authority will assume responsibility for such litigation in a direct proportion
to the percentage of use of the Facility. This formula shall be based upon the total ERUs on line
and in use by that Entity to the total number of ERUs on line and in use by all Users of the Facility
at the time of the event on which the court action is based. Each Entity shall agree to indemnify
the other Entity in the same percentage for any damages or costs suffered by the other Entity due
to such court action. Any unanticipated cost of such a court action may then be charged to the
Users as a cost of operation of the Facility, to be incorporated into and amortized on a reasonable
schedule, payable along with the periodic O&M charges.
5.3: Expansion of Service and/or Capacity. The parties agree that service provided
by the Facility maybe expanded in one or more of the following manners, and subject to the
following teres and conditions:
Addition of Users or Customers Within a Service Area: The User Service areas, as
defined herein, are recognized under agreements with the Health Department, where required.
Each Entity shall have the right to expand its number of Users within its Service Area without the
consent of the Board; provided, however, that any such expansion shall be subject to availability
of capacity of the POTW and the Facility, with the Facility capacity being allocated on a "first
JOINT POWERS AGREEMENT - Page 20
chubbuck082307JPA,wpd
come, first served" basis. fit addition, each User shall have the right to expand its number of
Customers within its Service Area without the consent of the Board; provided, however, that any
such expansion shall be subject to availability of capacity of the POTW and the Facility, with the
Facility capacity being allocated on a "first come, first served" basis.
2. Treatment Plant Capacity: The POTW is owned and operated by Pocatello;
Pocatello acknowledges the POTW would provide treatment for the Service Area, subject to the
Municipal Wastewater Treatment Agreement between Chubbuck and Pocatello dated July 19,
2007. Pocatello is solely in charge of plarming for the POTW capacity but has joined as a member
herein for the purpose of staying informed as to the use of the Facility and monitoring its impact
on the POTW capacity. Plant capacity/corunection fee and/or treatment fees adopted by Pocatello
and which are to be paid by new customers coring on to the Facility shall be collected by the
Authority and rcmitted to Pocatello.
5.4: Contemplation of Entities. Certain basic facts and/or assumptions have been
contemplated by the Entities in connection with the negotiation and execution of this Agreement,
and are set forth as follows to assist in the interpretation of intent, should questions later arise:
The initial design capacity of the Facility would provide sewer service to the entire
Chubbuck Area of City Impact but the actual schedule for implementation will vary based upon
demand and funding.
Phase 1 is planned to be implemented based upon the following:
Phase I of the project is split into three distinct portions.
Portion A comprises the gravity line and force main from the Pocatello
Wastewater Treatment Plant north in Rio Vista Road, to the Rio Vista lift station,
approximately halfway between Siphon and Tyhee roads. It also includes the gravity
line from the Rio Vista lift station to Siphon Road and eastward on Siphon Road to the
JOINT POWERS AGREEMENT - Page 21
cbubbuck082307JPAmpd
westerly city limits approximately one-quarter mile west of Hawthorne Road. Portion A
is estimated to cost $14.3 million.
Portion B of the Phase 1 project starts with a force main at the westerly
Chubbuck city limits where the Portion A gravity line ends. The force main would be
constructed easterly on Siphon Road to the Paradise lift station along Yellowstone
Avenue a few hundred feet north of Siphon Road. Paradise lift station would be
upgraded to handle the additional flow. Portion B also includes the gravity line from
Paradise lift station to Siphon Road and easterly along Siphon Road to Hiline Road.
This project is entirely within the City of Chubbuck and is estimated to cost $3.8
million,
Portion C, is comprised of gravity collector lines on Hiline Road going north and
south from Siphon Road. The estimated cost of Portion C is $2.5 million.
Portion C can reasonably be constructed by development interests and could be
removed from the overall cost estimate for this project. Portion B is entirely within the
city limits of Chubbuck and is a significant upgrade to Chubbuck's system, It removes a
significant amount of sewage effluent from the Chubbuck Road line by transporting it to
the new system described above as Portion A of Phase 1. In addition, Portion B would
allow properties to the northeast of Chubbuck to be served by the new sewer systenn.
The first task in the sewer system construction would the engineering design and
preparation of pians and specs which is estimated at $1.4 million. Chubbuck has
requested SRF Funds from DEQ as follows: $1.4 million for FY08 (beginning Eily 1,
2007), $8.5 million for each FY09 and FYI 0. This should reasonably implement Phase
1 of the project over three fiscal years.
JOINT POWERS AGREEMENT - Page 22
chubbuck082307JPA.wpd
ARTICLE 6. THE FACILITY
The Facility. The Facility shall consist of the Chubbuck Area of City Jinpact
Wastewater Collection Systean and its various projected phases as more fully set forth in the North
Bannock County Sewer Feasibility Study dated February, 2007 and prepared by JUB Engineers, Inc.
Subject to the availability of funding, the Authority shall cause the Facility to be acquired,
constructed, operated and maintained, in accordance with the laws of Idaho and applicable federal
laws and regulations.
6.2: Financing the Facility - Initial Capital Expenses. The financing of the
Facility shall be the responsibility of the Authority, with Chubbuck taking the lead role, subject to
the limitations set out in Section 1.3(13). The Facility costs shall be recovered through a connection
fee and user rate system from the Service Area. The user connection fees and rates shall be
established by resolution of the Authority and updated periodically as required by Idaho law and
made a part of this agreement by reference.
The foregoing shall not in any manner limit each Entity's right to pass by ordinance or
resolution its own fee schedule to be assessed against each individual user within its jurisdictional
limits.
6.3: Operation and Maintenance Expenses. The ongoing operation and
maintenance expenses of the Facility shall be financed from year to year by the Authority. At the
time of the adoption of the annual budget, as set forth in Article 5 of this Agreement, the Board shall
make an estimate of the operation and maintenance expenses of the Facility for the ensuring fiscal
year and set rates and fees accordingly. The Entities hereby acknowledge that the annual operation
and maintenance expenses of the Facility constitute ordinary and necessary expenses of the
Authority, within the meaning of Article S, section 3, Idaho Constitution.
JOINT POWERS AGREEMENT - Page 23
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ARTICLE 7. EFFECTIVE DATE
7.1: Effective Date. This Agreement shall be in full force and effect on and atter
September 1, 2007.
ARTICLE 8. ENTITY AUTHORIZATION
8,1: Entity Authorization. Each Entity, and each individual signing on behalf of
an entity, hereby agrees that the execution of this Joint Powers Agreement is fully authorized by said
Entity and will be supported by an appropriate resolution to be filed at the office of the Board.
Dated: —6kU-<AJ , 2007
ATTEST:
a
. -J,
Ron Conlin, City Clerk
CITY OF CHUBBUCK
_ i J
Dated: , 2007 BANNOC COUNT
By: ,
Lari W. Ghan, Con nissioner
ATTEST:
T�.
D e aci,CounY eR
JOINT POWERS AGREEMENT - Page 24
ChUbbuek082307JPA.Nvpd
V
By:
Steve Hadley, Conunissio
By:
A. Lin Whitworth, Commissioner -
Dated:. , 2007
EST:
Rhaiida Johnson, CV Clerk
JOINT POWERS AGREEMENT - Page 25
chubbuck082307JPA.Nvpd
CITY OF POCATELLO
By: - di,
R ger Chase, Mayor
Q&A
Landscaping
330 W Chubbuck Rd #63
Chubbuck, Idaho 83202
D.J. 208-251-3044
Kimco 208-852-6007
rip.kord@yahoo.com
PROPOSAL SUBMHTE0TO:
ADDRESS
PHONES
EMAHL
!� ` A
We hereby submit speafication and estimates for:
in accordance with�tth above s ecifications
fo rthe sum of:
l`
/
with payments to be made as follows:
3
-5�! ?
T
-
extra costs will be executed only upon written order, and will
I ,,-
i
l'
'
Note - this proposal may be wi
—
awn by us if not accepted within
day:
7' J
l
�6Zh
,c.L/s
J ,
4A� - A x 39a 5 f'
We propose hereby to furnish material and labor -complete
in accordance with�tth above s ecifications
fo rthe sum of:
l`
with payments to be made as follows:
Any alteration or deviation from above specifications involving
T
-
extra costs will be executed only upon written order, and will
become an extra charge over and above the estimate. Ail
Respectfully Submitted
'
agreements contingent upon strikes, accidents, or delays •
beyond ourcontrul.
Note - this proposal may be wi
—
awn by us if not accepted within
day:
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and
are hereby accepted. You are authorized to do the work as specified. Signature
Payments will be made as outlined above.
Dale of Acceptance Signature
Cash in Lieu of Park
Integrity Div. 2
Cash in Lieu of Park - Fair Market Value Analysis
Number of Total Lots 28
Number of Lots in This Phase 28
Current Census - Residents per Household
Required Park Area (acres)
Average Lot Size for Development 0.15
Average Lot Valuation (improved lot)
(Estimate from Developer)
Fair Market Value of Land
Per Acre Cost for Park Improvements
Value of Improvements
Total Due for Cash in Lieu of Park
Total Due for Cash in Lieu this Phase
Assesment per Lot this Phase
2.82
0.3948
Acres
$ 40,000.00
$ 50,000.00
17197.488
Square Feet
$ 105,280.00
$ 19, 740.00
$ 125,020.00
$ 125,020.00
$ 4,465.00
J:\Engineering\Development\Integrity Estates Phase 2 - 2017\Platting - Land Use\Cash in Lieu of Park.xlsx 2/20/2019
Cash in Lieu of Park
Integrity Div. 2
2.632
Lots
]:\Enginee ring\Development\Integrity Estates Phase 2 - 2017\Platting - Land Use\Cash in Lieu of Park.xlsx 2/20/2019
GRAPHICSCALE
40 0 20 40
( IN FEET )
1 inch = 40'
CURVE TABLE
NUMBER
DELTA ANGLE
CHORD DIRECTION
TANGENT
RADIUS
ARC LENGTH
CHORD LENGTH
C1
11 ° 16'09"
N 84022'40" W
26.34'
267.00'
52.51'
52.43'
C2
11'18'57"
N 84°24'04" W
32.99'
333.00'
65.77'
65.66'
C3
8°45'55"
N 85040'36" W
8.97'
117.00'
17.90'
17.88'
C4
119°51'36"
N 21021'50" W
34.54'
20.00'
41.84'
34.62'
C5
34055'04"
N 21006'25" E
73.28'
233.00'
142.00'
139.81'
N 89°56'27" E 435.11'
N
�h Sprinkler/timer & power 11,900.00
Apx 105,600 sf Hydro seed 10,660.00
Inc gradia .10 r
= Chain Loop Fence Apx 750 lineal ft 5,625.00
4 ft sidewalk a x 3,090 sf 10 815.00
otal Estimate 39,000.00
C3 5 8956'27" W 369.18'
DRAFTI
MCKAY STREET
If Copperfield Landing cont. all
Residential a x 32 lots 400 12 800.00
�a
eta, 38 400.00
S 89°59'16" W 5.80'
C2 N �8 "4`x'36" W
� r
�
r DONATED ACRES VALUE
Phase #1
5 Lots
�
2,000.00*
4 Acre Park 13,500.00 per acre 54,000.00
.@
�T
Phase #2
14 Lots
5,600.00*
5,200.00*
Phase #3
13 Lots
Phase #4
6 Lots
2,400.00*
i
Phase #5
8 Lots
3,200.00*
C®PPERFIELD LANDING PARK
Sub Total
15,400.00*
*All but 8 lots have been collected
by City
Coppe field Landing Park Expenses:
�
Phase #6
1$Lots
7,200,00
N
�h Sprinkler/timer & power 11,900.00
Apx 105,600 sf Hydro seed 10,660.00
Inc gradia .10 r
= Chain Loop Fence Apx 750 lineal ft 5,625.00
4 ft sidewalk a x 3,090 sf 10 815.00
otal Estimate 39,000.00
C3 5 8956'27" W 369.18'
DRAFTI
MCKAY STREET
If Copperfield Landing cont. all
Residential a x 32 lots 400 12 800.00
�a
eta, 38 400.00
S 89°59'16" W 5.80'
C2 N �8 "4`x'36" W