HomeMy WebLinkAboutProposed Interlocal Agreement with Riverside Water and Sewer Districts_6
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Chris Kukulski, City Manager
SUBJECT: Proposed Interlocal Agreement with Riverside Water and Sewer Districts
MEETING DATE: Monday, August 18, 2014
AGENDA ITEM TYPE: Action
RECOMMENDATION: Authorize the City Manager to execute the Interlocal Agreement for
Wastewater Treatment Services with Riverside County Water and Sewer District No. 310.
SUGGESTED MOTION: Having considered public comment and the information presented by staff, I hereby move to authorize the City Manager to execute the Interlocal Agreement for Wastewater
Treatment Services with Riverside County Water and Sewer District No. 310 with the annexation taking
place on July 1, 2020.
BACKGROUND: Riverside County Water and Sewer District (District) owns and operates facilities and systems that provide a potable water supply, wastewater treatment and disposal for properties within
its boundaries. The District includes 59 single-family homes, 64 townhouses, and the Riverside Country
Club. The District wants to connect to the Water Reclamation Facility (WRF) and have the City treat
their waste water.
In December of 2011, the Montana Department of Environmental Quality (“MDEQ”) conducted an
inspection of the District’s wastewater facilities and informed the District of a number of deficiencies
that needed to be corrected. The District explored the costs and benefits of correcting the deficiencies
by upgrading on their own or by entering into an agreement with the City whereby the City would treat
and dispose of the wastewater collected within the District. The costs are outlined below:
• $3,916,078 to build a new plant and remain outside the City
• $1,282,066 to build a pipeline connection to City’s WRF with delayed annexation (includes $112,019 wastewater impact fee, fire impact fee will be calculated at the time of annexation)
• $1,333,444 to build a pipeline connection to City’s WRF without delayed annexation (includes
wastewater and fire impact fees; street and water impact fees do not apply since the homes where
primarily constructed prior to the City’s impact fee program and they own their own water
system)
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The District and the City desire to enter into an agreement to treat and dispose of the District’s
wastewater under the terms and conditions set forth in the attached Interlocal Agreement for Wastewater
Treatment.
The Agreement is contingent upon submittal of a Petition for Annexation to the City, within 180 days of
the execution of the Agreement, signed by more than 50% of the resident elector owning real property in
the area serviced currently by the District or the owner or owners of real property representing 50% or
more of the total area serviced currently by the District. Upon submittal of a Petition for Deferred
Annexation, and upon adoption of a Resolution of Deferred Annexation by the City, this Agreement will be in effect until the properties serviced currently by the District are annexed and embraced within the
corporate limits of the City.
There are two reasons the City should consider deferring annexation in order to get more than 50% of
property owners to petition for annexation:
1. The City’s existing Wastewater Treatment Facility (WTF) has the capacity to process Riverside
waste. Treating Riverside wastewater would eliminate the need for their proposed treatment
facility and should result in the reduction of the nutrient load (nitrogen phosphorus) into the East
Gallatin River. The City would be eligible for a nutrient trade credit that could be used to offset future permit requirements.
2. To prevent the expansion of the Riverside Sewer District.
• If Riverside chooses to remain outside of the City and is forced to invest millions of dollars into their wastewater system (DEQ is requiring upgrades), they will want to expand their district to serve future developments in their area in order to spread their
costs over more homeowners. This result is not ideal for them and us in the long run -
preventing them from becoming citizens of the City while utilizing our other services
(streets, parks etc.).
• Consistent with the regulatory environment we all face, Riverside may be required to
continue upgrading their sewer system during each five year permit cycle, resulting in
high costs that can only be spread between the homeowners within their district. This is
not good governance. Term of Deferral I recommend a five year annexation deferral. This will help property owners get comfortable with
signing petitions for annexation resulting in a long-term solution to this issue for all sides. The
landowners have expressed a desire for this timeline to be ten years or greater. In all cases of annexation, services are provided according to a plan provided by the City, or pursuant to
a mutual agreement between the City and the owner(s) of the area to be annexed. Services are to be
provided on the same basis and in the same manner as those services are provided within the rest of the
City. The important point is that upon annexation, a property is eligible for fire service, police service, street and street maintenance, utility service and the extension of water and sewer service. Equally important, an agreement between the City and the owner(s) of the property can be negotiated for the
provision of services – including the extent and timing of providing those services – and for payment for
those services.
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City Services
Until the annexation takes place the only service Riverside residents will receive is wastewater treatment
and disposal. Upon annexation all City services will be provided and paid for similar to homeowners throughout the City, with the exception of water. Further information on services that we have received
questions on is below:
Fire/EMS
We anticipate response times from Fire Station Three to be approximately 6-7 minutes (3.1 miles). This estimate is based on travel times projected by our 911 Computer Aided Dispatch system. The Bozeman Fire Department utilizes closest available resource dispatching. As a result, if a resource were closer to
Riverside, it would be dispatched to the emergency creating a shorter response time than the 6-7 minutes
from Station Three. Currently, ambulance services within both the City of Bozeman and Central Valley
Fire District (CVFD) are provided by American Medical Response (AMR). Therefore, we do not expect any change in response times for ambulances for emergency medical calls.
Law Enforcement
Riverside receives law enforcement services from the Gallatin County Sheriff’s Office (GCSO). The
GCSO typically averages 3-5 deputies on shift patrolling Gallatin County (excluding Three Forks, Big Sky and West Yellowstone) at any given time. The Bozeman Police Department (BPD) will typically have 4-10 officers patrolling the City, which will include Riverside. The average response time to a
Type 1 (emergency/in-progress) call for GCSO is approximately 18 minutes and for BPD is
approximately 4 ½ minutes. Based on our current beat design, those averages should be similar for
responses to Riverside. According to law enforcement records, GCSO spent approximately 17 hours of dedicated time in the proposed annexation area in 2013. That level of law enforcement response could be absorbed without a need to increase BPD staffing levels.
Water
There will be no change because Riverside is within the Riverside Water District (RWD). We have expressed a desire to purchase their water assets and provide them with drinking water and they have no
interest in doing so at this time. This has no effect on our current water system or our citizens.
Streets/Library
Currently Riverside supplements the County’s road maintenance services with a private contractor. They can continue this practice after annexation. After annexation, Riverside’s “Rural Library/Roads”
assessment will be replaced with the City’s street assessment.
Community Development
Building and planning permits will transfer from Gallatin County and the State of Montana to the City of Bozeman.
Pet Licenses
Pet owners will need to register their pets and follow the City’s leash laws.
UNRESOLVED ISSUES: Length of time for the annexation deferral: the District prefers ten years
and City staff recommends five years.
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ALTERNATIVES: As suggested by Commission
FISCAL EFFECTS: All direct costs associated with the sewer pipe line connection project will be paid by the Riverside Sewer District. The District will pay impact fees estimated at $112,019 and sewer
usage charges upon connection to the WRF.
After annexation, taxes and assessments will be paid to the City in the same manner as the rest of the
City property owners, with the exception of water service. The attached City of Bozeman Estimated Annexation Property Tax Effects Sheet provides data regarding taxes and fees IF the annexation were
taking place immediately. Each tax year these assumptions and estimates will change.
Attachments: Interlocal Agreement for Wastewater Treatment
Riverside Water & Sewer District Maps (Provided by Riverside)
Riverside Cost Comparison (Provided by Riverside)
City of Bozeman Estimated Annexation Property Tax Effects
Report compiled on: August 11, 2014
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INTERLOCAL AGREEMENT FOR
WASTEWATER TREATMENT
This Agreement is entered into this _____ day of ________, 2014, by and between the
RIVERSIDE COUNTY WATER AND SEWER DISTRICT NO. 310, a political subdivision of
the State of Montana located in Gallatin County, Montana (the “District”) and CITY OF
BOZEMAN, a municipality located in Gallatin County, Montana (the “City”)
RECITALS
WHEREAS; the District represents it is a properly organized and operating water and sewer
district pursuant to §7-13-2200 et seq. Montana Code Annotated (“MCA”) and is located
contiguous to and north of the Bozeman, Montana within portions of Township 1 South, Range 5
East, Section 23, 25, 25 and 26 M.P.M., Gallatin County, Montana;
WHEREAS, the District represents it owns and operates facilities and systems that provide
a potable water supply and wastewater treatment and disposal for properties within its
jurisdictional boundaries, as shown on Exhibit A (the “Districts Properties”);
WHEREAS, within the District’s jurisdictional boundaries, it represents it has wastewater
collection areas that currently include 59 single-family homes on Riverside Drive and Park Plaza
Road located east of Spring Hill Road; 64 townhouses on Gallatin Drive located on the west side of
Spring Hill Road, and the Riverside Country Club (460 maximum members) on the east of Spring
Hill Road;
WHEREAS, in December of 2011, the Montana Department of Environmental Quality
(“MDEQ”) conducted an inspection of the District’s wastewater facilities and informed the District
of a number of deficiencies that needed to be corrected with respect to treatment and disposal of its
wastewater;
WHEREAS, the District has explored the costs and benefits of (i) correcting the deficiencies
within its facilities by upgrading the same or (ii) entering into an agreement with the City whereby
the City would treat and dispose of the wastewater collected within the District;
WHEREAS, the City has a wastewater treatment facility near the District and as of the date
of this Agreement represents it has the capacity to treat and dispose of the wastewater that is
collected within the District and has the authority to furnish wastewater treatment services to
properties outside the City’s limits pursuant to §7-13-4300 et seq., MCA;
WHEREAS, the District desires to enter into an agreement with the City for the City to treat
and dispose of the District’s wastewater under the terms and conditions set forth herein and the City
desires to accept the wastewater collected within the District under the terms and conditions set
forth herein and the parties have the authority to enter into such agreements pursuant to §7-11-101
et seq. Montana Code Annotated;
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RWSD-BOZEMAN WASTEWATER AGREEMENT Page 2
WHEREAS, the parties understand and agree that nothing within this Agreement is intended
to include or change the status of the District’s potable water system or its water rights related
thereto;
WHEREAS, the parties agree that as a condition precedent to the City accepting the
wastewater collected within the City, a majority of property owners within the District intended to
be serviced by the City must agree to certain terms and conditions under which the property within
the District’s jurisdictional boundaries will be annexed into the City;
NOW THEREFORE, in consideration of the mutual covenants, provisions, and agreements
set forth herein, the parties agree as follows:
ARTICLE I
DURATION AND PURPOSE
1.01 Duration. This Agreement is executory, and wholly contingent upon submittal of a
Petition for Annexation to the City signed by: (i) more than 50% of the resident electors owning
real property in the area serviced currently by the District; or (ii) the owner or owners of real
property representing 50% or more of the total area serviced currently by the District. If a
Petition as described in Article IV, below, is not submitted within 180 days of the date of
execution of this Agreement with the requisite signatures this Agreement is terminated. Upon
submittal of a Petition for Deferred Annexation with the requisite signatures, and upon adoption
of a Resolution of Deferred Annexation by the City, this Agreement shall serve to govern the
undertaking described until such time as the properties serviced currently by the District are
annexed and embraced within the corporate limits of the City. The term of this Agreement shall
continue until the properties at issue are annexed or until this Agreement terminates as a result of
other terms set forth herein.
1.02 Purpose. The purpose of this Agreement is to set forth the terms under which the
City will agree to provide wastewater treatment and disposal services to the District Properties and
in the process (i) describe the tasks necessary to connect the District’s existing wastewater
collection facilities to the City’s; (ii) assign to the applicable parties the responsibilities for
designing, connection and paying for such connections; (iii) describe the charges to the District
for wastewater services provided by the City; and (iv) describe the requirements and procedures
of annexation of District Properties to the City.
ARTICLE II
WASTEWATER EQUIPMENT & FACILITIES
2.01 Capacity. Upon approval by the City Commission of a Resolution of Deferred
Annexation as described in Article IV, below, the City shall provide the District’s Properties
sufficient capacity in the City’s wastewater treatment and disposal facilities and systems to
accommodate its wastewater treatment and disposal needs. In addition, the City shall operate and
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RWSD-BOZEMAN WASTEWATER AGREEMENT Page 3
maintain all those facilities and systems to provide wastewater treatment and disposal for the
District’s Properties, as well as other properties served by the City.
2.02 Wastewater Extension Facilities. Upon approval by the City Commission of a
Resolution of Deferred Annexation as described in Article IV, below, the District shall, at its sole
cost and expense, (i) design, construct, and install a new wastewater pipeline from the vicinity of the
District’s current lift station to deliver wastewater to the City’s headworks facility or an upstream
manhole as determined by the City in order to connect with the City’s existing facilities; (ii)
upgrade its existing lift station to City standards including an emergency generator, all as
reflected on Exhibit B (the “Wastewater Extension Facilities”) and (iii) construct a small building
to house a flow meter with radio read capabilities pursuant to City requirements. The District shall
be solely responsible for designing, constructing, installing, and obtaining all necessary permits and
easements for the Wastewater Extension Facilities in the size and manner it deems appropriate,
provided that the same meet the standards and requirements of the MDEQ and the City that apply to
public wastewater systems and are sufficient to serve the District’s Properties. The City shall not
be responsible for designing, construction, obtaining easements, or installing any equipment or
facilities. The City shall be provided access to the flow meter to verify pumping rates and meter
calibration. Upon construction and installation of the above, the District shall grant all right, title,
and interest in the new pipeline to the City and provide all necessary easements to the City for such
pipeline. The City shall be responsible for maintenance of such pipeline from the point the pipeline
leaves the flow metering building to the connection to the City’s system, as shown on Exhibit B and
the District shall be responsible for maintenance of the lift station and all appurtenances within the
metering building and all of the collection lines and manholes that flow into the lift station.
2.03 Wastewater Treatment. Upon connection, the City shall provide the District with
wastewater treatment, and disposal for all wastewater generated by the District Properties, but the
District shall remain responsible for the operation, maintenance and upkeep of all infrastructure
necessary to collect the wastewater from the District Properties and deliver it to the point the
pipeline leaves the flow metering building.
2.04 Permits and Approvals. The District shall be responsible for acquiring the permits
and approvals required by the laws of the State of Montana to construct the Wastewater Extension
Facilities. The City shall be responsible for acquiring any permits and approvals necessary to treat
and dispose of the wastewater from the District, as discussed herein.
2.05 Funding for Wastewater Extension Facilities. The District shall also be solely
responsible for paying for the Wastewater Extension Facilities. The District anticipates applying
for grant and loan funds through state and federal agencies to fund the project. The District shall be
responsible for administering any funds granted or loaned for the design, construction and
installation of the Wastewater Extension Facilities.
2.06 District’s Existing Wastewater Facilities. Upon connection of the Wastewater
Extension Facilities to the City’s wastewater facilities, the District shall continue to own, and shall
continue to be responsible for operating, repairing, and maintaining all of its pipes, manholes, lift
station, , and other wastewater infrastructure used to collect and deliver wastewater to the new force
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RWSD-BOZEMAN WASTEWATER AGREEMENT Page 4
main. All loss or damage to the District’s facilities, unless caused by the City, is assumed by the
District. The District agrees to release and hold harmless the City, its officers, directors, agents and
employees from and against any suit, cause of action, claim, cost, expense, obligation, and liability
of any character which are brought or asserted for any injury or damage received or sustained by
any person or property arising out of or resulting from or in connection with the District’s operation
of its facilities, unless caused by the City or its agents.
2.07 Management. The District shall continue to manage the wastewater facilities within
its boundaries and the City shall manage its wastewater facilities. There will be no joint board to
manage any of the wastewater facilities, though the parties shall cooperate on issues where their
respective facilities interact.
2.07 No Jointly Owned Property. There will not be any property jointly owned by the
District and the City.
2.08 No Interest in Water System. The District is not conveying to the City any interest
whatsoever in its water system or water rights. The City reserves the right to test the water system
to verify that nothing in the water would lead to problems with the City’s wastewater facility.
Following annexation of the District Properties, as discussed in Article VI below, the District shall
continue to own and operate, and remain responsible for, its water system and its water rights. .
2.09 Nitrogen Credits. The District shall assist the City in calculating the nitrogen
credits that may be available to the City as a result of its relationship with the District discussed
herein.
ARTICLE III
PAYMENT OBLIGATIONS
3.01 Costs of Treatment and Disposal Services. The City shall bill the District on a
monthly basis on metered wastewater flow pumped to the City measured with the flow meter at the
Commercial/ Government/MSU/Multi-Family rate, until such time as the properties serviced
currently by the District are annexed. Payment by the District for the wastewater treatment and
disposal services discussed herein shall be due in accordance with the bills the District receives
from the City.
3.02 District’s Billing Responsibilities. The District shall be solely responsible for
billing and collecting from property owners/users of the wastewater facilities within its
jurisdictional boundaries.
3.03 Impact Fees. Within __ days of connecting the Wastewater Facilities Extensions to
the City’s existing facilities and them becoming operational, as certified by the City’s engineer(s),
the District shall pay to the City impact fee for sewer and emergency services of _________ per
________________.
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RWSD-BOZEMAN WASTEWATER AGREEMENT Page 5
ARTICLE IV
ANNEXATION
4.01 Condition Subsequent. Neither party shall have any obligation to the other
under this Agreement until or unless the City agrees to adopt a resolution of deferred annexation,
consistent with the terms of this Agreement (the “Resolution of Deferred Annexation”). An
additional condition regarding financing is discussed in Section 6.01 below.
4.02 City Policy. The parties recognize that as part of the City’s Goals and Policies for
Annexation it adopted Commission Resolution No. 3907, which provides: “It shall be the general
policy of the City of Bozeman to require annexation of any contiguous property for which City
Services are requested or for which City services are currently being contracted.” (Emphasis added).
The City desires to take actions consistent with this resolution by requiring annexation, but believes
that delaying the annexation for 10 years is reasonable.
4.03. Annexation by Petition. The District shall inform the resident electors owning
real property within the District’s jurisdictional boundaries as well as the owners of the real property
within its jurisdictional boundaries regarding this Agreement and the requirement that prior to the
City accepting wastewater from the District the City will require annexation into the City, on a
deferred basis as stated herein, of those properties serviced by the District and the City and the
District shall facilitate circulation of a petition to the resident electors owning real property or
owners of real property within the District on that issue. The District makes no representation to
the City as to whether the petition will receive sufficient support to approve the annexation as
discussed herein.
4.04. Deferred Annexation. The City agrees that the District may represent to the resident
electors owning real property within the District’s jurisdictional boundaries as well as the owners of
the real property within its jurisdictional boundaries that should they petition to approve annexation
on a deferred basis, the City would defer annexing the District Properties for a period of ten (10)
years from the date the District Properties receive City wastewater services. As a result, the
petition for annexation can include the language of such deferred annexation.
4.05 The Petition. The City and the District have reviewed the draft Petition for
Deferred Annexation attached hereto as Exhibit C and approve its form and contents (the “Deferred
Annexation Petition”).
4.06 Notice of Approval for Deferred Annexation. In the event the appropriate number of
electors owning real property within the District’s jurisdictional boundaries or the owners of the real
property within its jurisdictional boundaries approve to be annexed on the deferred basis discussed
herein, the District shall provide the City a notice of such approval (the “Notice of Approval of
Deferred Annexation”). The Notice of Approval of Deferred Annexation shall be dated and in
writing and state the results of the petition.
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RWSD-BOZEMAN WASTEWATER AGREEMENT Page 6
4.07 Process for Annexation after Notice of Approval of Deferred Annexation.
1. If more than 50% of the resident electors owning real property in the
area to be annexed or if the owner or owners of real property representing 50%
or more of the total area to be annexed endorse the Deferred Annexation
Petition, and consent to annexation, then the City will consider the Resolution on
Deferred Annexation.
2. Upon receipt of a petition signed meeting the requirements of 4.07(1)
above, the City shall proceed to review the signatures to verify the signatures on
the petition are those of owners within the District. In the event sufficient
signatures are not verified, the City will inform the District. The City will not be
required to proceed on a resolution of deferred annexation until it verifies a
sufficient number of valid and verified petitions have been received.
3. If sufficient and proper signatures are verified by the City, the City
Manager will present a Resolution of Deferred Annexation pursuant to the terms
of this Agreement to the City Commission and, upon such approval of such
resolution by the Commission, the City shall take all steps necessary to
effectuate annexation on the deferred basis.
4. Following adoption of the Resolution of Deferred Annexation, the
District shall file with the Gallatin County Clerk and Recorder a Notice of
Consent to be Annexed describing in detail the properties that will be annexed
into the City, on the deferred basis, such that the agreement by such property
owners will run with their land.
ARTICLE V
EVENTS FOLLOWING ANNEXATION
5.01 Transfer of Wastewater Infrastructure. Within 30 days following annexation of the
District Properties into the City, the District shall transfer to the City, for no additional
consideration, all right, title and interest in and to its wastewater collection system, the lift station
used for the wastewater system, and the flow metering building used for the wastewater system,
these being all of the personal property owned by the District used to collect and transmit to the City
wastewater from District Properties. The District shall provide certification from a registered
professional engineer that the new force main from the lift station to the connection to the City
system, as shown in Exhibit B, was installed in conformance with approved plans and
specifications. The parties agree they shall execute all instruments necessary to effectuate such
transfer. Sewer service lines from the property line to the premises are owned by the owner of the
property served. As owners of the sewer service lines, all property owners will have the
responsibility of keeping the service lines and all other necessary appurtenances from the property
line to the premises in good condition. Should the lines not be properly maintained, the City may, at
its discretion and at the owner’s expense, fix or correct any deficiencies that occur which may affect
the City’s ability to provide sewer service.
5.02 No Additional Impact Fees. Following annexation of the District Properties into
the City and in light of the payment of the impact fees discussed in Section 3.03 above, none of the
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RWSD-BOZEMAN WASTEWATER AGREEMENT Page 7
District Properties shall be charged any impact fees for connecting to the City’s wastewater system.
Nothing herein shall be interpreted to waive any City requirement for the payment of impact fees
for any other service the City provides that is subject to impact fees nor to waive the requirement for
payment of wastewater impact fees should one of the factors enumerated in 2.06.1670.A, BMC
exist.
ARTICLE VI
MISCELLANEOUS
6.01. Financing Contingency. The parties hereto understand that the District will be
seeking financing from third parties to fund all or parts of the project discussed herein. The
obligations of the parties herein is contingent upon the District obtaining appropriate financing
for the project.
6.02 Extension or Termination. This Agreement may be extended or terminated upon
the mutual consent of all parties. The Agreement shall terminate upon (i) annexation of the
District’s property into the City or (ii) this Agreement terminates on the other grounds expressly
set forth herein. .
6.03 Notices. Any notice, consent or approval required or permitted to be given under
this Agreement shall be in writing and shall be deemed to have been given upon (1) hand-
delivery, or (2) one business day after being deposited prepaid with Federal Express, United
States Postal Service, Express Mail, UPS, or any other reliable overnight courier service or
transmitted by facsimile telecopy with confirmation of receipt, and addressed as follows:
If to the District: If to the City:
Riverside Water & Sewer District City of Bozeman
Attn: David King, Manager Attn: Chris Kukulski, City Manager
P.O. Box 6233 P.O. Box 1230
Bozeman, Montana 59771 Bozeman, MT 59715
Either party may change its address by giving notice to the other in the manner provided
for in this section.
6.04 Choice of Law. This Agreement is made in, and shall be construed in
accordance with, the laws of the State of Montana.
6.05 Modifications and Waivers. This Agreement may only be modified in a writing
signed by each of the parties. No covenant, term or condition or the breach thereof shall be deemed
waived, except by written consent of the party against whom the waiver is claimed, and any waiver
of any covenant, term, or condition shall not be a waiver of any preceding or succeeding breach of
the same or any other covenant, term or condition. Acceptance by one party of any performance by
the other after the time the same shall have become due shall not constitute a waiver by the former
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RWSD-BOZEMAN WASTEWATER AGREEMENT Page 8
of the breach or default of any covenant, term or condition unless otherwise expressly agreed by the
non-breaching party in writing.
6.06 Assignment. This Agreement may not be assigned without the prior written consent
of the non-assigning party.
6.07 Relationship of Parties. There shall be no separate legal entity created as a conse-
quence of this Agreement. This Agreement shall not be construed to create, either expressly or by
implication, the relationship of agency or partnership between the parties. No party (including the
party’s agent, employees or contractors) is authorized to act on behalf of another party in any
manner relating to the subject matter of this Agreement. No party shall be liable for the acts, errors
or omissions of the officers, agents, employees or contractors of the other party entered into,
committed or performed with respect to or in performance of this Agreement.
6.08 Captions. The titles or captions of the provisions of this Agreement are merely for
convenience or reference and are not representations of matters included or excluded from such
provisions.
6.09 Severability. If any term or provision of this Agreement shall, to any extent, be
determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of
this Agreement shall not be affected thereby, and each term and provision of this Agreement
shall be valid and enforceable to the fullest extent permitted by law
6.10 Entire Agreement. This Agreement and all exhibits hereto shall constitute the entire
agreement and understanding between and among the parties hereto with respect to the subject
matter hereof and supersedes all prior agreements and understandings relating to such subject
matter. The parties expressly acknowledge and agree that, with regard to the subject matter of this
Agreement and the transactions contemplated herein, (a) there are no oral agreements between the
parties and (b) this Agreement, including the exhibits attached hereto, (i) embodies the final and
complete agreement between the parties, (ii) supersedes all prior and contemporaneous negotiations,
offers, proposals, agreements, commitments, promises, acts, conduct, course of dealing,
representations, statements, assurances and understandings, whether oral or written, and (iii) may
not be varied or contradicted by evidence of any such prior or contemporaneous matter or by
evidence of any subsequent oral agreement of the parties.
6.11 No Construction Against Drafter. This Agreement and each of the parts hereof shall
not be construed against the party drafting the Agreement or that part, and in every event, this
Agreement and all of its parts shall be construed as if both parties drafted all its provisions.
6.12 Confirmation of Recitals. The Recitals set forth herein are true and accurate.
6.13 Recordation. This Agreement shall be filed with the Gallatin County Clerk and
Recorder and Montana Secretary of State as required by Section 7-11-107, MCA.
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RWSD-BOZEMAN WASTEWATER AGREEMENT Page 9
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first
above written.
RIVERSIDE WATER AND SEWER CITY OF BOZEMAN
DISTRICT
__________________________ ___________________________
By: ______________________ By: ______________________
Its: ______________________ Its: ______________________
LIST OF EXHIBITS
Exhibit A Legal Description of District Property Recitals
Exhibit B Drawings Section 2.02
Exhibit C Petition for Annexation Section 4.05
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50
51
52
53
For Discussion Purposes Only. This information is provided as on estimate of the effect annexation would hove on annual property taxes, assessments and
monthly billing amounts. These amounts are based on the current year tax, assessment, and utility rates. We have assumed, far this illustration, that Water
Services would continue to be provided by the current Riverside District and Tower. Street Maintenance and Fire Service would come from the City's existing
programs.
Estimated Comparison of Single Family Residence
Property Tax:
State
County
School District
Rural Library/Roads
City
Central Valley Fire District
Riverside Roads
Riverside Water Tower
Riverside Sewer & Water
Costs of Riverside Sewer Upgrade
Riverside Lighting
Annual Tax Bill
Items Billed Separately:
Riverside Sewer & Water Billing, Annual total
City Street & Tree Maintenance
City Water
City Sewer
City Stormwater
Grand Total Estimate
Lot in Acres
Lot Sq Ft
Taxable Value $
$
$
$
$
$
$
$
$
$
I
$
$
$
$
$
$
$
$
County
0.35
Estimated City
0.35
15,247
5,888 $
270.84 $
575.62 $
1,882.34 $
155.68 $
$
310.12 $
224.13 $
149.36 $
250.06 $
??? I
113.97 $
3,932.12 $
900.00 $
$
$
$
s
4,832.12 s
$
$
15,247
5,888
270.84
575.62
1,882.34
1,013.21
149.36
112.53
113.97
4,117.86
405.00
281.49
544.32
21.00
5,369.67
537.55
44.80
*assumes Water Tower not annexed
*assumes Water Services (45%) are not annexed
*assumes Water Services (45%) are not annexed
Summary of Wastewater Impact
Fees Due at Time of Connection
Total Residences
Yearly Difference Plant Collection system Monthly Difference $ 99,288.31 $ 113,838.84
The City's Wastewater Impact Fee would be determined by on annexation agreement.
Riverside Country Club
Plant Collection system
2 inch meter $ 12,730.69 $ 152,169.82
36.45 acres is the host site of the club building
Meter size could be verified with Riverside District 54
SPRINGHILL RD R
I
V
E
R
SI
D
E
DR
STONEGATE DR GALLATIN DR PARKPLAZ
A
R
DELAINELN
¯
500 0 500250 Feet
This map was created by the City of Bozeman GIS Department on 8/13/14 and is intended for planning purposes only.
City Limits
Parcels
Riverside Water & Sewer District
Riverside Water & Sewer District
For Discussion Purposes Only. This information is provided as an estimate of the effect annexation would have on annual property taxes, assessments and
monthly billing amounts. These amounts are based on the current year tax, assessment, and utility rates. We have assumed, for this illustration, that Water
Services would continue to be provided by the current Riverside District and Tower. Street Maintenance and Fire Service would come from the City's existing
programs.
Estimated Comparison of Townhouse Residence
Property Tax:
State
County
School District
Rural library/Roads
City
Gallatin Dr Mosquito District
Central Valley Fire District
Riverside Roads
Riverside Water Tower
Riverside Sewer & Water
Costs of Riverside Sewer Upgrade
Riverside lighting
Annual Tax Bill
Items Billed Separately:
Riverside Sewer & Water Billing, Annual total
City Street & Tree Maintenance
City Water
City Sewer
City Stormwater
Grand Total Estimate
Lot in Acres
Lot Sq Ft
Taxable Value $
$
$
$
$
$
$
$
$
$
$
I
$
$
$
$
$
$
$
$
County
0.15
6,504
Estimated City
0.15
6,504
5,808 $ 5,808
267.16 $
567.91 $
1,856.75 $
153.56 $
$
107.74 $
305.90 $
95.61 $
149.35 $
106.67 $
??? Is
58.13 $
3,668.78 $
900.00 $
$
$
$
$
4,568.78 $
$
$
267.16
567.91
1,856.75
999.44
107.74
149.35 *assumes Water Tower not annexed
48.00 *assumes Water Services (45%) are not annexed
58.13
4,054.48
405.00 *assumes Water Services (45%) are not annexed
120.08
544.32
21.00
5,144.88
576.10 Yearly Difference
48.01 Monthly Difference
The City's Wastewater Impact Fee would be determined by an annexation agreement.
City of Bozeman, Jan 2014
55