HomeMy WebLinkAboutMillview County Water District 1993-03-03 INTERCONNECTION AGREEMENT �f
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This Agreement is made and entered in Ukiah California on /41640'4
1993, by and between the City of Ukiah ("Ukiah"), a general law municipal corporation
and Millview County Water District ("Millview"), a county water district formed under the
provisions of Water Code sections 30000 et seq.
RECITALS:
1. Millview and Ukiah operate water systems that serve contiguous territory. Water
mains belonging to the two agencies lie in close proximity to each other.
2. Temporary or emergency conditions can from time to time interrupt the water
service Millview and Ukiah provide their customers.
3. It would improve the reliability of water service Millview and Ukiah provide to
their customers, if the water mains of both systems were physically connected but
separated by valving that could be opened during temporary or emergency conditions.
4. The purpose of this agreement is to establish the terms and conditions under
which the systems can be physically connected and the water made available to the
neighboring system.
AGREEMENT:
Wherefore, in consideration of the above-recited facts and on the terms and
conditions as further stated herein the parties hereby agree as follows.
1. Interconnection. On and after the effective date of this Agreement the Ukiah
and Millview water systems can be physically connected using lockable valves that can
only be operated by Millview and Ukiah, a water meter of sufficient capacity for the
connection size, and in accordance with the further plans and specifications set forth in
the attached Exhibit A, which is incorporated herein by reference as though set forth in
full. Millview and Ukiah shall share equally the cost of physically connecting the two
systems and shall fully cooperate with each other by taking all necessary and reasonable
steps to facilitate the interconnection. The parties shall use their best efforts to complete
the connection within sixty (60) days from the effective date of this Agreement.
2. Ukiah's Provision of water service to Millview. Upon written or verbal
request from Millview's General Manager or his duly authorized delegate, Ukiah's City
Manager or his duly authorized delegate shall open the valve allowing water to flow from
Ukiah's water system to Millview's water system under the following terms and conditions:
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March 3, 1993 1
a. Millview shall give Ukiah at least 24 hours advance notice to open
the valve, unless due to an unforeseen emergency a 24 hour delay could result in the loss
of reliable water service to Millview customers or property damage. In such event Millview
shall notify Ukiah of the nature of the emergency and of the time within which it requests
interconnected service to commence. In its request for service Millview shall indicate the
termination date for the service requested. Unless earlier notified of a different termination
date, Ukiah shall terminate service on the date indicated in the notice from Millview. In
any event, Ukiah may, but need not, terminate service when the limits of service imposed
by subparagraph b have been reached.
b. Ukiah shall not be required to furnish water service for longer than
fourteen continuous calendar days or for more than twenty total calendar days in any
calendar quarter (Jan. 1 to March 31, April 1 to June 30, July 1 to September 30, October
1 to December 31).
c. Ukiah shall only be required to furnish water service to Millview for
the following reasons:
(1) An emergency and/or equipment failure affecting Millview's
capacity to deliver water to its customers;
(2) To combat a fire within or without the Millview service area;
(3) To allow for maintenance or repair of Millview equipment;
or
(4) Contamination of Millview's water source.
3. Payment for service provided by Ukiah. Millview shall pay Ukiah $.35 per
1000 gallons for water furnished under this Agreement. Ukiah shall bill Millview for
requested service within fifteen days after said service terminates, or within 30 days of
commencing service,whichever comes first, and each 30 days thereafter until the charges
for service have been paid in full. Payment of each bill shall be due no later than thirty
days from the billing date. The parties shall confer in good faith at least once every two
years after the effective date of this Agreement to negotiate rate adjustments, taking into
consideration changes in the cost of operations and other factors affecting the cost of
supplying water under the terms of this Agreement. In the event of future mutually agreed
upon changes in the rate, Millview understands that Ukiah may charge a higher rate for
water service outside city limits than it charges for water service within city limits. If it
agrees to such higher charges, it shall also release and waive any legal or other
objections it might otherwise have to paying such higher rates and agrees to fully defend,
indemnify and hold Ukiah harmless from and against any claim by any Millview customer
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March 3, 1993 2
against Ukiah or its officers, agents or employees arising out of such rate differences, if
any.
4. Provision of water service to Ukiah from Millview. Upon written or verbal
request from Ukiah's City Manager or his duly authorized delegate, Millview's General
Manager or his duly authorized delegate shall open the valve allowing water to flow from
Millview water system to Ukiah's water system under the following terms and conditions:
a. Ukiah shall give Millview at least 24 hours advance notice to open the
valve, unless due to an unforeseen emergency a 24 hour delay could result in the loss
of reliable water service to Ukiah customers or property damage. In such event Ukiah
shall notify Millview of the nature of the emergency and of the time within which it requests
interconnected service to commence. In its request for service Ukiah shall indicate the
termination date for the service requested. Unless earlier notified of a different termination
date, Millview shall terminate service on the date indicated in the notice from Ukiah. In
any event, Millview may, but need not, terminate service when the limits of service
imposed by subparagraph b have been reached.
b. Millview shall not be required to furnish water service for longer than
fourteen continuous calendar days or for more than twenty total calendar days in any
calendar quarter (Jan. 1 to March 31, April 1 to June 30, July 1 to September 30, October
1 to December 31).
c. Millview shall only be required to furnish water service to Ukiah for the
following reasons:
(1) An emergency and/or equipment failure affecting Ukiah's capacity to
deliver water to its customers;
(2) To combat a fire within or without the Ukiah service area;
(3) To allow for maintenance or repair of Ukiah equipment; or
(4) Contamination of Ukiah's water source.
5. Payment for service provided by Millview. Ukiah shall pay Millview$.35 per
1000 gallons for water furnished under this Agreement. Millview shall bill Ukiah for each
requested service within fifteen days after said service terminates, or within 30 days of
commencing service whichever occurs first, and each 30 days thereafter until all charges
are paid in full. Payment of each bill shall be due no later than thirty days from the billing
date. The parties shall confer in good faith at least once every two years after the effective
date of this Agreement to negotiate rate adjustments, taking into consideration changes
in the cost of operations and other factors affecting the cost of supplying water under the
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March 3, 1993 3
terms of this Agreement. In the event of future mutually agreed upon changes in the rate
for water service under this Agreement, Ukiah understands that Millview may charge a
higher rate for water service outside its district boundaries than it charges for water
service within those boundaries. If it agrees to such higher charges, it shall release and
waive any legal or other objections it might otherwise have to paying such higher rates
and agrees to fully defend, indemnify and hold Millview harmless from and against any
claim by any Ukiah customer against Millview or its officers, agents or employees arising
out of such rate differences, if any.
6. Waiver. Failure to enforce any breach of a provision of this Agreement shall
not be deemed a waiver of any subsequent breach of the same or a different provision
of the Agreement.
7. Compliance with law. This Agreement shall not obligate either party to furnish
water to the other, if the provision of such water would violate any provision of state or
federal law or any term or condition of any permit, license or other approval held by either
party in connection with its public water system.
8. Limits on flow. Ukiah and Millview mutually agree to limit the transfer of water
under this Agreement to a rate of flow that will not adversely affect the distribution system
or customer service levels of either system. If the City Manager of Ukiah or the General
Manager of Millview determines that such an adverse impact will occur, the manager or
authorized representative of the affected system may without prior notice discontinue or
reduce flow to the other system.
10. Entire agreement. This Agreement contains the entire agreement between
the parties concerning its subject matter and supersedes any prior statements,
agreements or understandings between the parties concerning the same subject matter.
Any such prior statements, agreements or understandings are hereby declared null and
void and of no further force or effect. The parties may amend this Agreement or enter
new or additional agreements to, among other things, transfer or sell water to each other,
provided any such amendments or agreements are contained in a writing approved by
the legislative bodies and executed by duly authorized officials of both parties.
11. Notice. Whenever written notice is required or allowed under the terms of this
Agreement it shall be deemed given when personally delivered or when received by
certified mail, return receipt requested, and addressed as follows:
City Manager
City of Ukiah
Ukiah Civic Center
300 Seminary Avenue
Ukiah, California 95482
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March 3, 1993 4
General Manager
Millview Water District
3081 North State Street
Ukiah, California 95482
13. Term. The term of this Agreement shall be five (5) years from its effective
date. The term may be extended on such terms as the parties shall agree. No such
extension shall be binding unless contained in a writing signed by both parties.
14. Third party beneficiaries. This Agreement is for the exclusive benefit of
Ukiah and Millview and confers no rights or benefits on any persons or entities not a
signatory to this Agreement. No third party beneficiaries are intended or established by
this Agreement.
15. Duplicate originals. This Agreement may be executed in one or more
duplicate originals and when so executed each duplicate original bearing the original
signatures of the parties shall be admissible in any administrative or legal proceeding as
evidence of the terms of this Agreement.
WHEREFORE, the parties have entered this Agreement on the date first written
above.
CITY OF UKIAH
By:
] Ma or Fred Schneiter
AIrtEST:
Clekk f Cathy M ay
MILLVIEW COUNTY WATER DISTRICT
By: ,
Chairman of the Board Dal;rn aiva
ATTE
-,
Secretary s sa - or
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March 3, 1993
i M/Ll Plei✓ WATC13 EX/STING
WATER MAIN
• ,EX/ST. F/.PE NyoRs1NT
• 4a AREA
4 CITY LIMIT LINE
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o I CHECK VALVE .BY GRAVITY
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UNLESS BYPASS /S 65IN4 VSEO
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WArAM DISTR/C
TO SUPPLY AMILLYI&V WATER
rKOM ciri' OF UKIAH SOURCR
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BYPASS.
exhibit "A ''
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3. YO SuPvz-Y CITY OF UKIAH
j FROM M/LLV/EW' 1,/ATER
5OURCE
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February / 993
NO SCALE
