HomeMy WebLinkAboutUkiah Valley Sanitation District 2019-01-16f
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AGREEMENT RESOLVING DISPUTE UNDER SECTION
II.E.1 OF THE OPERATING AGREEMENT BETWEEN
THE CITY OF UKIAH AND THE UKIAH VALLEY
SANITATION DISTRICT
This Agreement is made and entered on January 16, 2019 ("Effective Date"), between the
City of Ukiah ("City"), a general law municipal corporation and the Ukiah Valley Sanitation
District ("District"), a county sanitation district. The City and the District may be referred to
collectively in this Agreement as "the Parties."
RECITALS
1. The City and the District entered an Operating Agreement with an effective date of
October 3, 2018.
2. Section II.E.1 ("§E.1") of the Operating Agreement provides that a dispute between
the Parties currently exists concerning (a) the quantity of ESSUs actually used to date by each
party from the 2,400 Capacity Project ESSUs and, in turn, (b) the remaining Capacity Project
ESSUs available to each party ("the Dispute").
3. In compliance with §E.1 the Parties have exchanged all available information and
materials related to the dispute and otherwise diligently worked to and have resolved the
Dispute.
4. The purpose of this Agreement is to memorialize the Parties' determination and
agreement as to (a) the quantity of Capacity Project ESSUs actually used to date by each party
and, in turn, (b) the remaining Capacity Project ESSUs available to each party.
AGREEMENT
In consideration of and reliance upon the above -recitals and the terms and conditions
stated below and other good and valuable consideration, the Parties agree as follows:
1. Any terms defined in the Operating Agreement shall have the same meaning when
used in this Agreement.
2. As of January 10, 2019, the quantity of Capacity Project ESSUs actually used to date
by each party from the 2,400 ESSUs made available through the Capacity Project are:
a. City: 369.56
b. District: 397.46
3. As of January 10, 2019, the number remaining ESSUs available to each party of
the 2400 Capacity Project ESSUs are:
1
a. City: 470.44.
b. District: 1162.54.
3. Attached hereto as Exhibit A is an Excel spreadsheet establishing a record of each
Connection having a Capacity Project ESSU and the number of such ESSUs attributable to each
such connection.
4. This Agreement fully and finally resolves the Dispute. Since the actual ESSU capacity
of the CITY and the DISTRICT, as determined by this Agreement, does not exceed the Parties'
respective allocated quantity of Capacity Project ESSUs as specified in §E.2., no adjustment of
remaining Capacity Project ESSUs is required to maintain the ratio of such capacity to which
each party is entitled.
WHEREFORE, the Parties have entered this Agreement on the Effective Date.
CITY OF UKIAH
By:
UKIAH VALLEY SANITATION DISTRICT
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By: Theresa McNerlin, Chair
Dated: March 4 2019
Dated: ,
ATTEST:
By:
ktineLawler, City Clerk
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ATTEST:
APP OVED AS TO FORM:
2
Duncan
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Counsel
CITY OF UKIAH AND UVSD
ESSU STATISTICS REPORT
APRIL 1, 2018
04/01/2017 - 03/31/2018
March 2017 % of Total
City Accounts # ESSU
Units
UVSD #ESSU Units
Total All Acct. #ESSU
Units
Report March 2018
6757.056
5441.26
12198.316
March 2017 % of Total
55.39%
44.61%
100.00%
Percent Use to Date
March 2018
43.99%
25.48%
31.96%
New Plant 20 Year Net
ESSU Used
369.56
397.46
767.016
New Plant Total ESSU's
Remaining To Date
470.444
1162.54
1632.984
New Plant Agreement
35.00%
65.00%
100.00%
New Plant Capacity
840
1560
2400