HomeMy WebLinkAboutCooperative Agreement with United Water Idaho, Inc for W. Columbia Rd. Danskin/SaddleridgeUt+l6`i'EC3 Wf~T~R 1D~N£) 10~C.
8248 West Victory Road, Boise, ID 83709
P.O. Box 190420, Boise, ID 83719-0420
Tel: 208.362.1300 • Fax: 208.362.1479
February 21, 2007
Brad Watson
City of Meridian
Public Works Department
660 E. Watertower Lane, Suite 200
Meridian, ID 83642
Dear Brad:
City of Meridia~~
City Cierk ~ffira~
I~~CEI~"Ejj
~=E~ ~ a 20Q1
City of :Meruiian.
Public Works DirectAr
Enclosed is a signed original of the approved Mutual Cooperation Agreement
between the City of Meridian and United Water Idaho. I will retain the other original
for our files.
Thank you for all your help in accomplishing this agreement. United Water looks
forward to working with the City to meet future water service needs.
Sincerely,
~~-~~
Gregory P. Wyatt
Vice President
GPW:jw
Enclosure: Mutual Cooperation Agreement
°~c United Water
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WWW.UNITEDWATER.COM
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CITY OF MERIDIAN . ~ : , ~ ~ X007
PUBLIC WORKS DEPARTMENT ' ~^''-°-.~ WATER
DATE: February 08, 2007
TO: Greg Wyatt
United Water Idaho, Inc.
P.O. Box 190420
Boise, ID 83719-0420
FROM: Brad Watson, PE
Public Works Director
SUBJECT: Mutual Cooperation Agreement
Enclosed are the following:
COPIES DATE DESCRIPTION
2 Original Agreements (w/ Mayor's signature)
These are transmitted:
^ For Your Information ^ For Review and Comment ^ For Your Use
^ As Requested ®For Action Specified Below
Remarks:
Greg,
Please sign and return one original to me, please.
Thank you
f~'~~
CC: File Signed:
660 E. Watertower Lane, Suite 200 Meridian, ID 83642 Phone: (208) 898-5500 Fax: (208) 89$-9551
Memo
To: Mayor De Weerd
From: Brad Watson, P.E.
CC: File, Karie
Date: 2/5/07
Re: Agreement for Signature
I am forwarding to you for your signature the following agreement (two originals) that were
approved by City Council at the January 23 meeting:
Mutual Cooperation Agreement -United Water Idaho, Inc.
Thank you,
~~~~
WILL or TARA: Please return both of the original agreements to me so that I can forward
them to United Water for signature. I will return one of the originals to your office.
• Page 1
MUTUAL COOPERATION AGREEMENT
THIS MUTUAL COOPERATION AGREEMENT ("Agreement"), dated this,~~day
of , 2007 is entered into by and between The City of Meridian, a municipal
corporation of the State of Idaho (hereinafter "Meridian") and United Water Idaho Inc., an Idaho
corporation (hereinafter "United Water" or the "Company"). Meridian and United Water are
sometimes referred to as the "Party" or "Parties", as the case maybe.
WITNESSETH:
WHEREAS, both Meridian and United Water own and operate public water supply
systems in Ada County; and
WHEREAS, on Apri128, 2006, United Water and Meridian entered into a Stipulation, for
the purpose of settling Meridian's Protest in United Water's Case No. UWI-W-OS-4 before the
Idaho Public Utilities Commission ("IPUC"), regarding United Water's request to amend and
revise its Certificate of Convenience and Necessity No, 143 (hereinafter "Certificate") which
identifies areas in which United Water may provide public water service; and
WHEREAS, on June 8, 2006, the IPUC issued Order No. 30070 in Case UWI-W-OS-4
approving the Stipulation and approving United Water's amended Certificate; and
WHEREAS, Meridian and United Water have been negotiating in good faith regarding
future water service to additional areas within Ada County that maybe within Meridian's current
or expected future Area of Impact, and/or corporate city limits; and
WHEREAS, the colored map attached hereto as Exhibit A shows certain service areas
over which the Parties have completed negotiations; and
WHEREAS, Meridian and United Water wish to enter into this Agreement in order to
more clearly define future water service areas between the Parties, and to establish criteria upon
which certain future water service areas can be determined;
NOW, THEREFORE, in consideration of the following mutual covenants and
agreements between the Parties, and other good and valuable consideration, the sufficiency of
which is hereby acknowledged, the Parties agree as follows:
1. Stipulation: As a result of the above referenced Stipulation, United Water shall have the
exclusive right to provide water service to the areas denominated on Exhibit A as
"Danskin/Saddle Ridge", "McMillan/Eagle", "Cloverdale", and "Lake Hazel/Cloverdale".
2. Continued Service: United Water shall have the exclusive right to continue providing
water service to all areas in which United Water currently provides water service, as of the date
of this Agreement, that may fall within Meridian's Proposed Area of Impact as shown on Exhibit
A.
3. Chinden: The Parties agree that United Water shall have the exclusive right to provide
water service to that portion of the Meridian Proposed Area of Impact that is north of Chinden
Boulevard and is shown in yellow and denominated as "Chinden" on Exhibit A. Further, to the
extent that water service is requested for property fronting on the south side of Chinden
Boulevard and the "Chinden" area, and if United Water has the capability to serve directly from
its main(s) in Chinden Boulevard, then United Water shall have the right to provide the requested
water service.
4: Graff The Parties agree that with respect to the area denoted as the
"Meridian/United Water Gray Area" ("Gray Area") shown in gray on Exhibit A; Meridian shall
provide water service in the area if the area or any portion of it is annexed by the City of
Meridian, and likewise, United Water shall provide water service in the area if the area or any
portion of it is annexed by the City of Boise. In the event that any portion of the Gray Area is
not annexed by either City, then Meridian shall provide water service within such portion of the
Gray Area if Meridian provides sewer service to such area, and United Water shall provide water
service within such portion of the Gray Area if the City of Boise or any other sewer provider
provides sewer service to such area.
5. Other Service Areas: The Parties agree that, other than the areas discussed in Paragraph
4 hereinabove, United Water shall have the right to apply for amendments to its Certificate. for
areas outside of Meridian's Proposed Area of Impact, as shown on Exhibit A without protest by
Meridian; provided however, that in the event that Meridian extends its actual Area of Impact
beyond that which is delineated on Exhibit A, Meridian shall have the exclusive right to provide
water service to that area within its Area of Impact that is not already within United Water's
authorized service area and United Water shall have the exclusive right to provide water service
to areas within its then authorized service area. In addition, if Meridian's Area of Impact
contracts, then United Water shall have the exclusive right to apply for amendments to its
Certificate of Convenience and Necessity without protest and, if so authorized by the IPUC, to
provide water service to those areas that were formerly within Meridian's Area of Impact,
excluding any existing customers and any property that has been annexed, or applied for
annexation, to Meridian at the time of United Water's application.
6. Proposed Area of Impact: The Parties recognize and agree that, as of the date of this
Agreement, the area designated on Exhibit A as Meridian's Area of Impact has been adopted by
Meridian's City Council but has not yet been approved by Ada County. To the extent that any
portion of Meridian's Proposed Area of Impact is reduced from that shown on Exhibit "A", and
such portion is covered within this Agreement, then Meridian shall not protest any filings by
United Water to amend its Certificate of Convenience and Necessity with regard to such service
areas.
7. Consumption Data for Sewer Billing: United Water agrees to provide information
necessary from its water consumption records for any and all of its water customers located
within the corporate limits of Meridian for the purpose of updating Meridian's sewer billings.
The information shall include such information as account status, account number, customer
name and service address, winter consumption reading dates, consumption per reading, total
consumption for the last two billing periods prior to March 31 of the present year, and the
average consumption of that same period. The information shall be in water book order and
contain all books for accounts in which Meridian would have a sewer account. Meridian agrees
it will request this information by letter in March of the current year, and provide the water book
numbers to United Water that have Meridian sewer accounts in them. This information shall be
provided annually during the month of April of the current year. The information shall be
provided in a digital format agreed upon by both United Water and Meridian. The information
provided shall be used by Meridian for the purpose of updating sewer billings, computer sewer
modeling and for future reasons agreed upon by both United Water and Meridian.
8. Entire Agreement: This Agreement and all exhibits hereto embody the entire Agreement
of the parties. There are no promises, terms, conditions, or obligations other than those
contained herein, and -this Agreement supersedes all previous and contemporaneous
communications, representations, and agreements, either written or verbal, between the parties
on these matters.
9. Severability: If any of the provisions of this Agreement shall be held to be
unenforceable, the remaining provisions shall nevertheless be enforceable and carried into effect,
unless elimination of the unenforceable provisions shall materially frustrate the intent of the
parties.
10. Successors and Assi ns: This Agreement shall be binding upon the parties hereto and
their respective administrators, employees, successors and assigns.
11. Controllin Law: This Agreement shall be construed and interpreted in accordance with
the laws of the State of Idaho. No term or omission of language in this Agreement shall be
construed to amend or waive any provision of the regulations or ordinances of the City of
Meridian. The venue for any claim, litigation or cause of action between- the parties shall be the
Fourth Judicial District Court, Ada County, Idaho.
12. Exhibits: All exhibits referenced herein and attached hereto are incorporated into and
made a part of this Agreement as if expressly and fully set forth in the body of this Agreement.
13. Notice: Notices required or contemplated under this Agreement shall be in writing and
shall be deemed received when mailed by certified mail, postage prepaid, return receipt
requested, to the respective parties at the following-addresses:
City:
City of Meridian
ATTN: City Clerk
33 East Idaho Avenue
Meridian, Idaho 83642
United Water:
United Water Idaho Inc.
ATTN: General Manager
P.O. Box 190420
Boise, Idaho 83719-0420
14. Amendment: No amendment, alteration or modification of this Agreement shall be
effective unless made in writing and duly executed by the parties.
15. Duplicate Ori ig nals: This Agreement shall be executed in duplicate originals, with each
page, including exhibits, initialed by each party, and each party shall retain one (1) original of
the Agreement.
16. Waiver: The waiver by either party of any breach of any term, covenant, or condition
contained in this Agreement shall not be deemed a waiver of such term, covenant, or condition or
any subsequent breach of the same or any other term, covenant or condition contained in this
Agreement.
17. Dispute Resolution: The parties agree that any controversy or claim arising out of or
relating to this Agreement, or its breach, shall first attempt to be settled by discussions and
negotiation between the parties. If, after reasonable negotiations, the parties are unable to
resolve the dispute, then the parties shall attempt to settle the dispute by mediation in accordance
with the Commercial Mediation Procedures of the American Arbitration Association then in
effect, with both parties sharing equally in the mediator's fee. A request for mediation shall be
filed with the other party to the agreement. The request may be made concurrently with the
filing of a legal action but, in such event, mediation shall proceed in advance of legal or
equitable proceedings, which shall be stayed pending mediation for a period of sixty (60) days
from the date of filing, unless stayed for a longer period by agreement of the parties or court
order. The parties shall endeavor to mutually agree on an independent, professional mediator
within 15 days of the request for mediation. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction thereof. The parties shall
pay all of their own expenses associated with mediation, including any attorney fees and travel
expenses.
18. Attorney Fees: In the event either party is required to enforce the terms or provisions of
this Agreement, the prevailing party in any litigation arising therefrom shall be entitled to
recover a reasonable attorney fee for the prosecution thereof.
IN WITNESS WHEREOF, the parties have executed this Agreement and made it effective as
of this ~ day of /~.~,B,iey,~2y , 2007.
United Water Idaho Inc.
By
Gre ory y t
Vice P de ,Unit ater Idaho Inc.
City of Meridian
By
T e W erd `,\\,`,~~+~uiniiirt,,~~~~~~f
Mayor, City eridian ,,\*,~~,~~1 ~ o,~~~r
Attest: ~-% ~ ~®
William G. Berg, Jr., Cit~Cle ~ ~ __
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