City Council

River Heights City ♦*REVISI0N#3** COUNCIL MEETING AGENDA Tuesday, December 19,2017 Notice is hereby given that the River Heights City Council will hold its regular council meeting beginning at 4:45 p.m. in the River Heights City Office Building at 520 S 500 E 4:45 p.m. Tour the Old School Building 5:15 p.m. Opening Remarks (Scott) and Pledge of Allegiance (Clausen) 5:20 p.m. Adoption of Previous Minutes and Agenda Pay Bills Finance Director Report Purchase Requisitions Public Works Report Administrative Report Public Comment 5:40 p.m. Discuss Tour of the Old School Building 5:50 p.m. Ratify Replacement Fire Protection Services Contract 6:00 p.m. Report Status of the "Amended Interlocal Agreement Creating Regional Wastewater Treatment Rate Committee" 6:10 p.m. Revisit City Council Vote to Accept Annexation Petition of Ironwood Development with Ironwood Development 6:20 p.m. Schedule Workshop to Discuss Chugg Property Development Options 6:30 p.m. Mayor and Council Reports 6:40 p.m. Adjourn Posted4his 18" day of December 2017 Sheila Lindj Re^^rder In compliance with the American Disabilities Act, individuals needing special accommodations (including auxiliar>- communicative aids and services) during this meeting should notify Sheila Lind, (435) 770-2061 at least 24 hours before the 520 South 500 East River Heights, Utah 84321 Phone & Fax (435) 752-2646  River Heights City Council Meeting 4 5 December 19, 2017 6 7 8 Present: Mayor James Brackner 9 Council members: Doug Clausen 10 Robert"K" Scott 11 Geoff Smith 12 Dixie Wilson 13 Blake Wright, attended electronically 14 15 Recorder Sheila Lind 16 Public Works Director Clayten Nelson 17 Finance Director Clifford Grover 18 Treasurer Wendy Wilker 19 20 Others Present: See attached roll 21 22 The following motions were made during the meeting: 23 Motion #1 Councilmember Clausen moved to "adopt the minutes of the two Council Meetings held 26 December 12,2017 and the evening's agenda." Councilmember Scott seconded the motion, which 27 passed with Clausen, Scott, Smith, Wilson and Wright in favor. No one opposed. 28 29 Motion #2 30 Councilmember Scott moved to "pay the bills as listed." Councilmember Clausen seconded the 31 motion, which passed with Clausen, Scott, Smith, Wilson and Wright in favor. No one opposed. 32 33 34 Proceedings ofthe Meeting: 35 36 The River Heights City Council met at 4:45 p.m. at the Old School Building, 420 South 500 37 East, on Tuesday, December 19, 2017. 38 A tour was taken ofthe Old School Building. 39 The meeting continued at 5:19 p.m. at the River Heights City Building, 520 South 500 East, in 40 the Ervin R. Crosbie Council Chambers. Councilmember Scott opened the meeting with a thought. 41 Councilmember Clausen led the group in the Pledge of Allegiance. 42 Mayor Brackner presented a certificate of ajob well done to Councilmember Smith since it was 43 his last meeting. 44 Adoption ofPrevious Minutes and Agenda: Minutes of the two Council Meetings held on 45 December 12,2017 were reviewed. Councilmember Clausen moved to "adopt the minutes of the two Council Meetings held December 12,2017 and the evening's agenda." Councilmember Scott seconded the motion, 48 which passed with Clausen, Scott,Smith,Wilson and Wright in favor. No one opposed. "^Tve^eights City Council lvteeTmg^2/1 y/1 / 520 South 500 East River Heights, Utah 84321 Phone 8c Fax (435)752-2646 49 Pay Bills: The bills were presented and discussed. Treasurer Wilker asked for clarification on 50 the Amazon bill for a bathroom fan. PWD Nelson responded,the fans in the park restrooms needed to 51 be replaced because they had quit working. 52 Councilmember Scott moved to "pay the bills as listed." Councilmember Clausen 53 seconded the motion, which passed with Clausen, Scott, Smith, Wilson and Wright in favor. No 54 one opposed. 55 Finance Director Report: FD Grover pointed out(on the Financial Summary)the jump in 56 revenue is from property taxes being distributed this month. 57 Purchase Requisition: There were none. 58 Public Works Report and Discussion: PWD Nelson reported on the following: 59 • He called Rocky Mountain Power about the Conservice lights. He was finally able to get a 60 work order number but he hasn't heard back yet. He requested the usage bill be put in 61 Conservice's name and a separate bill sent to the city, charging per light, like they do in other 62 areas ofthe city. 63 Administrative Report: Recorder Lind reminded the Swearing In will take place on January 2 64 at 7:00 p.m. 65 Public Comment: Lisa Ellis said there are two aspects to the Ironwood development: The 66 townhomes and lot size. She reminded that 300 citizens have signed a petition for R-1-15 lots. Many 67 are looking for larger lots to upgrade to and want to stay in River Heights. Mayor Brackner informed 68 this discussion is premature. Ms. Ellis said if River Heights is going to grow bigger, it needs to grow 69 better. She quoted the City's annexation policy, which states residential property will increase the 70 city's burden financially. Mayor Brackner restated that this information is premature. 71 Discuss Tour ofthe Old School Building: Mayor Brackner challenged each ofthe Council 72 members to think of all the ways they envision the City being able to utilize the Old School building 73 and get their ideas to Mayor-elect Rasmussen. He quoted the school building utilities were $23,148 74 last year. 75 Ratify Replacement Fire Protection Services Contract: Mayor Brackner explained the current 76 status of the "Interlocal Agreement Creating Regional Wastewater Treatment Rate Committee" and the 77 "Fire Protection Contract," per the following prepared statement: 78 "In the process of negotiating the "INTERLOCAL AGREEMENT CREATING REGIONAL 79 WASTEWATER TREATMENT RATE COMMITTEE,"(hereafter referred to as the Wastewater 80 Treatment Rate Agreement), Logan's Mayor Petersen agreed to reduce the "FIRE PROTECTION 81 CONTRACT" amount from about $49,000 a year to $32,000 per year if we signed the Wastewater 82 Treatment Rate Agreement. 83 In May or June of 2017,the City Council approved of me signing the Wastewater Treatment 84 Rate Agreement that would become effective as of 1 July 2017. Upon the advice of our City Attorney, 85 Jon Jenkins, I did not sign the agreement but assured the Rate Committee that it was our intention to 86 sign it when our City Attorney and the city attomey of Logan came to an agreement on a sister contract 87 that Logan wanted us to sign that sets the amount River Heights City will pay for collection cost. 88 Since the sister contract has not yet been agreed upon, I have not signed the Wastewater 89 Treatment Rate Agreement. 90 I have proposed to Jon Jenkins, and he has agreed, that I now sign the Wastewater Treatment 91 Rate Agreement and finalize the FIRE PROTECTION CONTRACT. This is necessary because the 92 FIRE PROTECTION CONTRACT is due on 31 December 2017. 93 I therefore provide the proposed FIRE PROTECTION CONTRACT for the City Council 94 approval." 95 Mayor Brackner stated the City would be paying almost $49,000 this year. The new contract is 96 for $32,000/year. He asked permission to complete this agreement. River Heights City Council Meeting, 12/19/17 2 97 Councilmembers Clausen, Scott, Smith and Wright agreed. Wilson still had questions. Mayor Brackner explained the Wastewater Treatment Agreement is based on getting a cheaper rate on the fire contract. Wilson opposed since she was uncomfortable with it. 100 Treasurer Wilker asked ifthis would need to be paid before the end ofthe year. Mayor 101 Brackner answered,"Yes." The Council agreed for it to be paid as soon as there is a bill, which will 102 happen as soon as Mayor Brackner signs, which he will take care oftomorrow. 103 Report Status of the "Amended Interlocal Agreement Creating Regional Wastewater Treatment 104 Rate Committee": This was taken care of during the prior agenda item. 105 Revisit City Council Vote to Accept Annexation Petition ofIronwood Development with 106 Ironwood Development: Mayor Brackner explained the reason for the revote at tonight's meeting by 107 reading a prepared explanation: 108 "At our last City Council meeting on December 12, the Council discussed the annexation 109 application presented by Ironwood Development for the Chugg property. Craig Winder,legal counsel 110 for Ironwood Development, requested that Ironwood withdraw the application. On the advice of our 111 City Attorney, Jon Jenkins, this request was denied. Mr. Winder then asked the City Council to vote 112 NO on the motion to accept the annexation application. The City Council voted 4 to 1 to accept the 113 application. 114 On Thursday,December 14 Mr. Jeff Jackson ofIronwood Development requested a meeting 115 with me and Councilman Blake Wright. We met with Mr. Jackson on Friday, December 15. At the 116 conclusion of this meeting, Mr. Jackson requested that at the next meeting ofthe City Council we 117 include an agenda item to schedule a workshop with the City Council and representatives ofIronwood 118 Development to discuss the Chugg property development options. We also discussed the possibility of 119 revisiting the vote by the City Council on the annexation application and agreed to include on the agenda a revisiting at our next City Coimcil meeting if Mr. Jackson called me back and requested this. _ /I On Monday,December 18, Mr. Jackson telephoned me and requested that we include revisiting 122 the City Council annexation application vote. I agreed that we would include that agenda item. At the 123 request ofSheila Lind and Blake Wright,I telephoned our City Attorney, Jon Jenkins, and he affirmed 124 that I could include this item on the agenda. 125 I would like Mr. Jeff Jackson to address the City Council before we entertain a second vote on 126 whether or not to accept the annexation application." 127 Mayor Brackner asked Jeff Jackson to address the City Council. Mr. Jackson explained the 128 two current issues: One is the legal issue of whether or not they have a legal right to withdraw their 129 petition. They feel they have the right to do so but are waiting on City Attorney Jenkins to get back 130 with them by the end ofthis week. Mayor Brackner said there is a case law that indicated other 131 applicants have been able to take back their petition. There has since been changes to the state law, 132 which Mr. Jenkins wants to sort out. 133 Jeff Jackson stated the other issue, which he desired to talk about, is the political side. He felt 134 they have had very good interactions with the City through the whole process. He explained that a 135 workshop was suggested at the meeting he attended on Friday with Mayor Brackner and 136 Councilmember Wright, where the Planning Commission and Council come together to talk about 137 what the project looks like with an open and clean slate. They are willing to put all the ideas on the 138 table. They are NOT willing to discuss 15,000 square foot lots. They are not interested in coming to a 139 workshop when they feel they are in an unfair advantage. The only way they can accomplish this is for 140 the City Council to vote to deny their annexation petition so the property is in the County. He feels at 141 that point all ofthose involved can discuss what is best for this property. If the Council isn't willing to i_42 deny the petition they are not willing to come to a workshop and will continue to work with Providence to see what will happen there. He read the following statement: "Because ofthe open dialog that occurred between both the Plaiming Commission and the City 145 Council to move forward, they would continue to come to these meetings and the only question he River Heights City Council Meeting, 12/19/17 3 146 would ask is,"Is this something the City can work with?" and he would get affirmatives to continue to 147 move down this path. At the City's collaborative posture Ironwood proceeded to take the next step by 148 submitting an annexation petition. This was done with the understanding that Ironwood would be 149 allowed to withdraw their petition in the event it elected to pursue annexation into Providence. After 150 the annexation petition was submitted the City began moving from a collaborative stance to an 151 authoritative stance, in which it sought control over the Chugg property. This comment has been 152 echoed a few times from council members and the mayor, that the fiill intent of annexing is to control 153 the property. If this is the City's intent for annexation, we are done. We are out of here. If we are 154 coming to do a good project that benefits the community and we work together then we are in. If it's 155 all about control, they will hang their hat on a withdrawal and move forward with Providence. 156 They do not desire to bum any bridges with River Heights since they have made it clear that 157 they may want to re-engage with the City later, after options have been explored. However,they do 158 interpret the City's approval ofa previously withdrawn petition as an intent to bum bridges between 159 the City and Ironwood. Continuing in such a manner will only decrease the trust that we diligently 160 attempted to establish. My request tonight is that the Council will deny their annexation petition and 161 then schedule a workshop to discuss the property. Thank you." 162 Councilmember Smith feels the City has done everything in good faith and hasn't tried to be 163 bullies but to protect the integrity ofRiver Heights. He feels they have been well within their rights in 164 what they have done and have been fair and open. Nowhere have they ever implied that they accept 165 townhomes by saying,"this is a good plan" and "we like what we are seeing." Jeff Jackson clarified 166 they didn't feel the City was approving townhomes, but every time they refined their concept the 167 responses from the Council and Commission were positive and said they were headed in the right 168 direction. Mr. Smith said because they applied for the annexation in good faith the City acted upon 169 this. 170 Jeff Jackson noted there was a workshop scheduled with the Planning Commission after the 171 public hearing at the school where they were intending to hear very good feedback from what was 172 discussed at the hearing about the project itself. This was shut off and not allowed to happen. This 173 was the point where their uneasiness started to settle in. He has expressed multiple times, his concem 174 was that as soon as they filed an annexation petition, all the control would go to the City. The City's 175 action to not deny their petition and the comments he's heard since has verified that. He'd like to 176 come back to a level playing field to open dialog on what is best for the property. 177 Councilmember Smith said they have the responsibility to reflect what the citizens have 178 suggested, as well as respect property owner's rights. In following their legal counsel's advice they 179 accepted the annexation petition which puts the City on more of a level playing field instead of 180 Ironwood being in total control. He realized they had hoped to play both cities against each other. 181 Councilmember Clausen said at the last Council Meeting Craig Winder asked the Council to 182 deny their petition unless they felt they could accept their plan; which felt like a threat. Mr. Winder 183 clarified that ifthe City Council was not comfortable with the concept they had proposed, then deny it. 184 It wasn't intended to be a threat. Mr. Clausen felt this statement was a little different than what Mr. 185 Jackson read tonight, which is that ifthe City denies the petition they will come back and have a 186 workshop. This was not mentioned previously. Mr. Jackson said this idea came up at the Friday 187 meeting with the Mayor and Councilmember Wright. They tried to figure out what they could do to 188 keep this moving through the political arena. Mr. Clausen asked why they couldn't have a workshop 189 while the annexation was moving along. Mr. Jackson said he isn't willing to do this because it changes 190 their position. 191 Mayor Brackner reminded Jeff Jackson that he mentioned if they had a workshop they could 192 discuss things like taking the townhomes off ofthe table. Mr. Brackner asked why they would do that 193 then, but not now. Mr. Jackson clarified at the Friday meeting he talked about coming back with a 194 plan that replaced townhomes with single-attached homes, which they felt would be a compromise. River Heights City Council Meeting, 12/19/17 4  195 They are open to presenting a different plan. Councilmember Clausen wondered why they can't ,^ • proceed with that idea at a workshop. Mr. Jackson discussed the drastic change in open space that will ^' occur ifthey take townhomes out ofthe plan. There is still a lot of negotiation that needs to take place, 198 which they are not willing to do under the cloud of an annexation they have asked to have denied. He 199 sees the issue is all about control. He isn't willing to go into a workshop with a noose hanging over his 200 head. He wants to go into it with a clean slate and a level playing field. They are willing to take the 201 townhomes out, but not under these conditions. 202 Councilmember Wilson remembered the City's counsel advising that the City couldn't make 203 decisions on this property because they didn't have jurisdiction. Jeff Jackson said they have told the 204 City all along that there is nothing that precludes them from having discussion about projects, which 205 they do in other cities they have worked with. They just can't take legal action on a project until its 206 annexed. 207 Craig Winder pointed out the unique situation ofthem having an option to annex between two 208 different cities. They aren't trying to nail something down,rather they would like to build a consensus. 209 Jeff Jackson said the workshop was their step forward to try to solve the political issue. 210 Mayor Brackner reported that Ironwood presented two plans to Providence last week. One 211 showed 100 townhomes along 1000 East, which Providence seemed receptive to. Ifthis happens River 212 Heights would have no say about the density and traffic, and no revenue to offset the effects on River 213 Heights. Jeff Jackson stated the two plans they presented to Providence were the same two they 214 brought to River Heights in the beginning. He used them strictly as conversational points. Providence 215 has been discussing their new life cycle zone. They did not get into the details of these particular 216 plans. 217 Jeff Jackson sees three resolutions to this matter: One is, the Council denies the petition and then we have a workshop. Two, Attorney Jenkins comes back and says it's legal for them to withdraw their petition. The third option is they head to court, which he doesn't believe anyone wants. 220 Councilmember Wilson suggested perhaps the Council's vote puts the City on a level playing 221 field. Jeff Jackson doesn't feel this because he's heard comments that they voted for control. 222 Mayor Brackner stated if a motion is made to deny the petition, it must be made and seconded 223 by someone who voted in favor on the previous vote. 224 Councilmember Wright expressed confusion. He doesn't feel things will be leveled by a 225 denial. He guesses if River Heights denies the petition, Ironwood will run to Providence and not come 226 to a workshop in River Heights, unless they don't get what they want in Providence. Jeff Jackson gave 227 his word that they would come to a workshop with River Heights. 228 Mayor Brackner entertained a motion. There wasn't one. 229 Councilmember Smith asked for a workshop because they are very much in favor of working 230 with Ironwood. Jeff Jackson refused. He didn't believe River Heights has any interest in working 231 together for a good development. Each council member disagreed. Councilmember Clausen reminded 232 of a previous meeting with himself, Councilmember Wright,the mayor and Mr. Jackson in which they 233 were presented some alternative ideas besides townhomes and Mr. Jackson said he wasn't interested. 234 Mr. Jackson said at that time, they weren't. Mayor Brackner asked why they weren't willing to change 235 when there was no leverage but now he says they are willing to discuss it. Mr. Jackson says the 236 changes come in an effort to work things out. Mayor Brackner said the Commission and Coimcil are 237 willing to work with having the property in River Heights, but they don't like the townhomes. Mr. 238 Jackson said they are asking for this discussion after the vote is stayed. Discussion was had on 239 commitment by the developer and the city. Mr. Jackson said the City wants control and he wants 240 control. Mayor Brackner said the City is committed to working with him, except for townhouses. j Craig Winder said, after reviewing this situation, he is fairly certain they have a right for V, withdrawal River Heights City Council Meeting, 12/19/17 243 . He recognized the Council is following their counsel's advice. He plans to send a letter to each of 244 the council members which will go into more depth on the legal side of the situation. The land 245 proposed for annexation must be represented by signatures of those owning 51% ofthe land, which 246 was not done. He is hopeful that he can work with Attorney Jenkins to find a conclusion that works 247 for them to withdraw. If this happens the City will need to decide ifthey are going to fight to stop this 248 process. They would like to maintain a good relationship with River Heights because they may want 249 to come back. 250 Schedule Workshop to Discuss Chugg Property Development Options: No workshop was 251 scheduled. 252 Mayor and Council Reports: Councilmember Smith expressed appreciation for everyone and 253 said it's been a pleasure to work with the City. 254 Mayor Brackner reported that Brian Anderson has started building a large shed without a 255 permit. He has been issued a stop order, which he has done. He has picked up a Zoning Clearance 256 Permit but hasn't turned it back in yet. Its also been reported that he is living in the basement of his 257 duplex (which makes it a triplex) which is against zoning. The City is working on resolving these 258 situations. 259 Mayor Brackner reported that Anna Marie Anderson is not willing to give her property for a 260 sidewalk. The City is proceeding with the condemnation ofthe property. She has received a letter 261 from the City Attorney stating the City's intent. She has not responded so Mr. Brackner will send her 262 a letter asking for a response by January 12. The sidewalk project needs to go out for bid by March. 263 Mayor Brackner discussed employee compensation. He fully intended to have this discussion 264 on the agenda but was side-tracked by everything else going on. He referred to the information he 265 previously emailed to the couneil members and asked for a discussion without a vote. Councilmember 266 Clausen explained he won't be at the January 9 meeting and would like to be included in the vote. 267 Councilmember Wilson asked, ifthe City joins the Utah Retirement System can they ever get out. 268 Mayor Brackner answered,"no." 269 Councilmember Wright stated he is very opposed to joining with URS. He asked what had 270 prompted this discussion. Mayor Brackner said when he came on as mayor he was informed that PWD 271 Nelson was receiving $10,000/year in lieu of retirement. He decided to check into it while he was 272 mayor and is trying to finish up his investigations before term runs out. 273 The meeting adjourned at 6:30 p.m. S^/ 275 A 0^ D Sheila Lind, Reorder 276 211 flames Brackner, Mayor River Heights City Council Meeting, 12/19/17  Please print your name on the roll. or ^ \^ iy\A'tAf 6(1 IS <_ ^mMu. ihlMlnff' Stot Wh V.  River Heights City Bills To Be Paid December 19,2017 Payee Description Admin. P&Z Parks/Rec Pub. Safety Com. Aff. Roads Water Sewer Total 1 Cache County Corporation Law Enforcement & Animal Control FY18 $16,715.10 $16,715.10 2 Daines & Jenkins Legal Fees $846.25 $846.25 3 Denny's Stationery Office Supplies $79.41 $79.41 4 Freedom Mailing Services, Inc. Monthly Bill Processing $136.42 $45.47 $45.47 $227.36 5 Logan City Water Consumption $134.62 $134.62 6 National Equipment Services Snow Plow Maintenance $375.36 $375.36 7 Sheila Lind Office-Funeral Gift Basket $55.94 $55.94 8 Southfork Hardware Shop Supplies $1.40 $1.40 $1.40 $1.38 $5.58 9 Tomas Petroleum Fuel For City Vehicles $11.50 $11.50 $11.50 $11.50 $46.00 10 Watkins Printing Checks $169.95 " $169.95 11 12 13 14 15 16 17 18 19 20 21 ZIons Visa 22 National Background Check New Crossing Guard Check $15.95 $15.95 23 Adobe Aero Pro Computer Adobe $15.98 ! $15.98 24 Amazon Bathroom Fan $114.82 $114.82 25 Google G-mail $41.65 $41.65 26 Nextiva Phone & Fax $43.48 $43.48 $43.49 -$130.45 27 Dri Crash Plan Cloud $9.99 $9.99 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page i SubTotals $1,399.07 $127.72 $16,731,05 $388.26 $236.47 $101.84 $18,984.41' , _ ^ i I } Page 1 Total Amount to be f _ $18,984.411 River Heights City Financial Summary December 19,2017 11/30/17 12/19/17 Net Change % of Total General Fund 121,258.29 212,249.42 90,991.13 14.81% Capital Projects Fund 61,733.01 61,270.51 (462.50) 4.28% Water Fund 325,136.28 333,182.16 8,045.88 23.25% Sewer Fund 816,732.92 826,383.22 9,650.30 57.66% Total Cash Balance 1,324,860.50 1,433,085.31 108,224.81 100.00% %0f %0f Unexpended Budget Time YTD Actual Annual Budget Budget Incurred Incurred (general Fund ' Revenue 408,246.73 767,990.00 359,743.27 53.16% 47.12% Expenditures Administrative 71,252.72 160,120.00 88,867.28 44.50% 47.12% Office 7,207.27 14,975.00 7,767.73 48.13% 47.12% Community Affairs 9,449.90 22,600.00 13,150.10 41.81% 47.12% Planning & Zoning 11,112.26 7,100.00 (4,012.26) 156.51% 47.12% Public Safety 13,954.21 99,460.00 85,505.79 14.03% 47.12% Roads 40,615.50 104,150.00 63,534.50 39.00% 47.12% Parks & Recreation 30,465.36 80,846.00 50,380.64 37.68% 47.12% Sanitation 59,842.60 144,000.00 84,157.40 41.56% 47.12% Transfer To CP Fund - 100,000.00 100,000.00 Total Expenditures 243,899.82 733,251.00 489,351.18 33.26% 47.12% Net Revenue Over Expenditures 164,346.91 34,739.00 (129,607.91) Capital Projects Fund Revenue 307.94 50.00 (257.94) 47.12% Transfer From General Fund 375,000.00 375,000.00 Expenditures Administrative 4,900.00 35,000.00 30,100.00 47.12% Parks & Recreation 114.90 - (114.90) 47.12% Roads 56,338.66 420,000.00 363,661.34 47.12% Electricty - 4,162.74 4,162.74 47.12% Total Expenditures 61,353.56 459,162.74 397,809.18 47.12% Net Revenue Over Expenditures (61,045.62) (84,112.74) (23,067.12) Water Fund Revenue 237,275.13 332,480.00 95,204.87 71.37% 47.12% Expenditures 143,562.18 241,305.00 97,742.82 59.49% 47.12% Net Revenue Over Expenditures 93,712.95 91,175.00 (2,537.95) Sewer Fund Revenue 156,204.77 231,300.00 75,095.23 67.53% 47.12% Expenditures 121,761.60 259,411.00 137,649.40 46.94% 47.12% Net Revenue Over Expenditures 34,443.17 (28,111.00) (62,554.17)  AGREEMENT FOR FIRE PROTECTION SERVICES THIS AGREEMENT,made and entered into this 14^ day of June,2017, by and between the City of Logan,a municipal corporation of the State of Utah,hereinafter referred to as "Logan" arid River Heights, a municipal corporation ofthe State of Utah, hereinafter referred to as "River Heights." This agreement is made and entered into pursuant to sections 11-13-1 and 11-13- 14 through 11-13-18,ofthe Utah Interlocal Cooperation act This agreement is made and entered into based upon the following recitals: A. For the purpose ofthis agreement,the term "fire protection services" shall include services within the scope of normal firefighting and fire prevention services that are provided to residents within the City of Logan. B. Logan currently and has for a number of years provided River Heights with fire protection services. C. The parties wish to promote the health, safety, welfare and well-being oftheir citizens and meet their respective responsibilities by providing fire protection services. D. Logan presently possesses the administrative and technical expertise and is able to provide and acquire the necessary personnel and equipment for full-time professional fire protection service. WITNESSETH: WHEREAS,the parties hereto have previously been party to an agreement for fire protection services dated the l^day ofApril 2013;and WHEREAS,the parties desire to enter into a new fire protection agreement to commence on the first day of July 2017; and WHEREAS,the parties are desirous of cooperating to mutual advantage by providing the most effective and economical fire protection services possible. NOW,THREFORE,IT IS AGREED AS FOLLOWS: 1. Logan agrees to provide fire protection and fight all fires located within the city limits of River Heights.  2. As and for consideration of said fire protection and fire prevention services to be provided by Logan,River Heights agrees to compensate Logan for said services as follows: a. $32,000 for the 2017-2018 fiscal year and increase by 3% annually. b. Payment will be made annually prior to January 1". 3. This agreement is in effect beginning July 1,2017 and will expire on July 1^2021 or until changed or rescinded by either party by giving at least sixty[60)days written notice prior to the end of the then current year budget 4. It is agreed that the Logan City Mayor and/or his/her designees will meet with the River Heights Mayor and/or his/her designees each year during the period when the budget of Logan is being prepared, these meetings must be requested by River Heights and lacking a request, Logan City will be justified in assuming that the agreement will continue as written without any substantial changes except for changes in assessments for the forthcoming year. If a meeting is called the parties agree to discuss the agreement,its effectiveness, and whether or not either party desires to give notice of withdrawal. 5. Logan agrees to provide fire suppression service contingent upon River Heights providing appropriate water pressure and volume and sufficient hydrant capability. If sufficient capability does not exist, Logan can only provide this service within the context ofthat capability. 6." Logan is not responsible for River Heights' portion of any cost share agreements for the suppression of wildland fires. 7. Logan agrees to provide fire prevention education for the community,schools, and community groups. 8. In the event that a request is made to Logan to fight fires outside Logan,Logan covenants and agrees to provide continual protection to River Heights on the same basis as to Logan,via mutual-aid agreements with other fire departments. 9. This agreement supersedes all previous agreements. River Heights Mayor Logan Mayor ATTEST: ATTEST: City Recorder City Recorder  amended:interlocalagreement ■ ""^Sreating regional WAStEWATER TREATMENT RATE COMMITTEE THIS AMENDED INTERLOCAL AGREEMENT CREATING REGIONAL WASTEWATER treatment rate COMMITTEE (this "Agreement")ismade and entered into as ofthis day of ,'2017,by,between and among the following.governmental entities located m Cache County, State ofUtah: THE CITY OF LOGAN,a municipal corporation oftiie State ofUtah (hereinafter referred to as"LOGAN"), THE CITY OF SMITHFIELD,a municipal corporation ofthe State ofUtah (hereinafterTeferred'to as"SMITHFIELD"), THE CITY OF HYDE PARK,amunicipal corporation ofthe State ofUtah (hereinafter referredto as"HYDEPARK"), THE CITY OF NORTHLOGAN,a municipal corporation oftheState ofUtah Oiereinafter referredto as'NORTH LOGAN"), THE CITY OF RIVER HEIGHTS,a municipal.corporation ofthe State ofUtah (hereinafter Teferredto as "RIVER HEIGHTS"), THE CITY OF PROVIDENCE,.a municipal corporation ofthe State ofUtah (hereinafter referred to as"PROVIDENCE"),and THE CITY OF NIBLEY,a municipal corporation ofthe State ofUtah (hereinafter referred to as "NIBLEY"), This Agreement shall replace the original Interlocal Agreement creating the Regional Wastewater Treatment Rate Committee dated November 9*^, 2015.and is amended for the s_ole_nurDOse_of adding the .City ofRiver Hei^hts-as.ajnember„^ The above listed entities.are sometimes jointly referredto in this Agreemmit^"Parties," and individually as a "Pa^;" SMITHFIELD, HYDE PARK, NORTH LOGAN,RIVER HEIGHTS,PROVIDENCE and NIBLBY are sometimes jointly referred to in this Agreement as the "Contributing Parties" and individually as a "Contributing Party." RECITALS; A In the past, LOGAN has owned and operated a wastewater lagoon and treatment facility (the "Existing Facility") and has accepted wastewater fi"om the Contributing Parties for treatment at die Existing Facility. Page 1  B. LOGAN anticipates that it will construct a new mechanical wastewater treatment facility(the "Treatihent Facility")that will be owned.and operated by LOGAN. C. IfLOGAN constructs the Treatment Facility, it anticipates that it will continue to accept wastewater"from the Contributing Parties for treatment at the Treatment Facility. D. The Parties understand that, consistent widi die provisions of fbis Agreement, LOGAN will have the power and authority to impose User Charges upon the Contributing Parties that deliver wastewater to the Treatment -Facility so as/to cover their proportionate shares of the Operating Expenses ofthe Treatment Facility and also aTransferFee. B. The Parties desire to create a committee, with representation from .each of the Parties, which will have authority to establish rates, within the parameters set forfli in this Agreement,for the wastewater treatment services provided by LOGAN. G. The Parties agree that tiiis Agreement is entered into pursuant to the authority.grantedby the UtahEiterlocal Cooperative Act,.as set forth in Chapter 13, Title 11, Utah Code Annotated(1953, as.amended). NOW,THEREFORE,,for and in consideration of the mutual covenants and agreements set forth in tiiis Agreement,the Parties hereby agree as follows: 1. Construction of Treatment Facility. The Parties acknowledge that it is the present intention ofLOGAN to.construct the Treatment Facility estimated to be an 18 MGD facility, but actual size will be determined by the number of Contributing Parties'who participate. It is understood and agreed that LOGAN may design the Treatment Facility with an operational capacity that is sufficient, in the reasonable judgment of LOGAN, to service the .current .and reasonably expected future treatment needs of the Parties. However, nothing in' this Agreement shall be deemed to create an obligation of LOGAN to construct the Treatment Facility, and no Party shall have ihe right or power to compel LOGAN'to construct the Treatment Facility. 2.- Term of Agreement. The term of this Agreement shall commence as of the effective date of this Agreement, as set forth in the first paragraph of this Agreement, and shall continue \ for :3Q years. It is the express intent of LOGAN to continue to, provide effective and cost-efficient v treatment .of wastewater for the Contributing Parties for the useful, life of the.Treatment Facility. "Therefore, this agreement may be extended in five year increments by mutual consent ofthc'Parties. 3. Ownership of Wastewater Collection and Treatment FacUities. The Parties agree as follows witii respect to the ownership of &e Treatment Facility and the wastewater collection systems ofthe Parties: (a) LOGAN shall be the sole owner and operator of the Treatment Facility, and shall have the sole- power and authority "to ojperate and maintain the Treatment Page 2 ^ Facility. This power and authority shall include, but not be limited to, the power and authority to hire managers, operators, mechanics,laboratory technicians.and such other personnel as LOGAN deems necessa^ and appropriate for the operation and m^tenance of die Treatment.Facility. Nothing in diis Agreement shall be deemed tp give any of the Contributing Parties any ownership interest in the Treatment Facility or any rightlo operate or maintain the Treatment Facility. (b) LOGAN shall be the sole owner and operator of its own wastewater collection.and transmission facilities, and LOGAN shall be solely responsibleLor the operation, maintenance, and repair of its own wastewater collection- and transmission facilities, aud"for the Operating expenses associated with these facilities. (c) Each Contributing Party shall be die sole owner and operator of its own wastewater collection and tr^mission facilities up to the point where the Contributing Party's collection and transmission facilities connect widi LOGAN's wastewater system. These points of connection nre more particularly shown on Exhibit "A" attached hereto and incorporated herein by reference. Each Contributing Party shall be solely responsible for the operation, maintenance and repair of its own wastewater collection and transmission facilities and for the collection related operating costs of delivering its wastewater. These may include shared costs between • Contributing Parties and LOGAN that may vary for each facility(collection and transfer facilities such as lift stations and trunk lines). (1) Each Party agrees that it- will construct, maintain and . operate its wastewater collection and transmission fecilities in a mannCT that"will conply with all applicable Federal and State -rules and regulations, and that it -will use and exercise due diligence in preventing surface and sub-surface water from entering into its collection and transmission frcilities. (2) If it is deteimined that a Contributing Party isTesponsible for a violation of LOGAN's operating permit relating to the Treatment Facility, that Contributing Party shall be responsible for the payment of any fees,'penalties and remediation wcpenses incurred by LOGAN -with respect to diat violation. (d) Nothing in this Agreement shall preclude a Contributing Party from entering into a separate agreement with LOGAN with,respect to the constnictiori, maintenance and operation of a facility that is a part of that Contributing Party's own-collection and transmission facilities, including lift stations. However, no part ofthe cost ofthe construction or op^tion-of those facilities shall be included in the costs of operation and mamtenance of the Treatment Facility that is shared by the Parties pursuant to this Agreement. 4, Obligation to Accept and Treat Wastewater. As long as a Contributing Party is in compliance with the provisions of this Agreement and the Contributing Party's specific Sewer Treatment Agreement with Logan, LOGAN shall accept and treat at the Treatment Facility all of the wastewater delivCTed to the Treatm^t Facility by that Contributing Party. Treatment of wastewater at the Page 3 Treatment Facility shall be on a first come, first served basis among the Parties to this Agreement, up to, but collectively not exceeding the treatment capacity ofthe Treatment Facility. 5. User Charges. The Parties recognize and agree that,.as sole owner and operator ofthe Treatment Facility md the issuer ofthe bonds described in this Section offiiis Agreement,LOGAN is legally obligated to pay, fi*om revenues, the Operating Expenses relating to the Treatment Facility. TheTarties agree that LOGAN has the ri^t to impose.User Charges. To ensure that User ^ Charges are equitable.^e'fee charged tO:each Contributing'Party in dollars per_l,000 ^allm^ offreated wastewater sMl be the same as the pbr 1,000 gallon fee charged bv LOGAN for itsfitimatedjflow, The revenue paid jnto the AA^aitewater Treatment fund from LGGAN shall be die amount collected fixam its residential and cnmrnercial users.based,on,the estimated per 1,000 gallonrete, w^e the amoiuit collated' ■from each Contributing Party,shahhe4ts.measured.flow.inJ,0.0.QrgaI.loiis."UBdtiphed_bv the samp-rate. The ! Parties, agree that the -system has.infiow_^dJnfiltotion.pr and Ae Rate Setting Committee may .p* direct the consultant to develop alternative rate^pw,scheme^ reflect the estiihated in^w an^ infiltration..^ ^ The User Charges shall include Operations and Maintenance Expenses, bond debt service, Administration Expenses, and a Transfer Tee in connection with the treatment of wastewater at the WastewaterTacility as follows (Except- that capital expenses' shall motJb(e,dupTcated,ttffough-depreciatipn_and debt service): -r- (a) Ot)erations and Maintenance Expenses. The Operations and Maintenance Expenses of the Treatment Facility shall include the following elements: (1) The actual costs of the operation and maintenance of the Treatment Facility, including, but not limited to, costs of maintenance and xepair ^of equipment Used in connection with the operation and permit compliance of the Treatment Facility^ salaries and wages, health, hospitalization, pension and retirement expenses of , employees- of the Treatment Facility, fees for services, materials and supplies, rents, insurance expenses, fees and expenses paid for permits, legal, engmeering, accounting and financial advisory services and other consulting and technicd services, training of . personnel, taxes, and other governmental charges imposed by' any entity other than LOGAN, fi el costs, payments for the purchase of water for use in-connection with the - operation of the "Treatment Facility, costs of utility services and other auxiliary services, ■ and any other current expenses or obligations required to be paid by LOGAN 'in connection-with the operation .and maintenance of the Treatment Facility for treatment of ' the wastewater load^, includingl/I. (2) The costs of repair andrgjlacement of equipment and facilities at the Treatment Facility and the funding of reserves..' (3) Funding future Mpital replacement/improvement project reserves. • (4) The costs of closing and remediating the existing sewer lagoons as Page 4  required by the applicable Federal, state; and/or countyreguladons. Costs associated with renovation of die sewer lagoons for other uses shall not be included. (5)Ottier costs oftfansitioning from the lagoons to the new facility. '■ (b) Bond Debt Service. The BondDebt Service shall mean and include the amounts payable by LOGAN with respect to the following revenue bonds. . (1) .Debt Service coverage requirements, debt service reserve fund ;.deposits, .and other amounts payable.by LOGAN with respect to '$3,355,000 in Revenue ; Bonds (as of-6/30/15) that have been issued by LOGAN and which relate to LOGAN'S ^\^sting treatment fecilities. - * {2) Debt service payments, debt service reserve ftmd deposits, coverage requirements, and other amounts payable ^by LOGAN' with respect to "fiie revenue bonds diat will be issued by LOGAN-to" provide funds with which to construct the Treatment Facility. (c) Administrative Expenses. The Administrative e:q)ense shall be a •reasonable allocation of costs incurred by LOGAN td'support the operation of the Treatment Facility. The method of allocation shall be based on established accounting procedures and shall be the same as that used for other LOGAN departments, (d) Transfer Fees. A Transfer Fee (calculated .at.5:5% of estimatedrevenue) will be transferred from the Wastewater Bnferprise Fimd into the General Fund in accprdanfce with Utah ^ Law. The-Transfer Fee is intended to compensate Logan City for Aemtmgible risk and opportunity cost- of providing wastewater treatment service to the contributing parties. 7 6. Creation of Rate Committee. There is hereby created a committee to be known as the "Regional Wastewater Treatment Rate Committee."" Said committee is referred to in this Agreement as the 'Hate Committee!" The Rate Committee is formed by friis Agreement pursuant to the provisions of Utah Code Annotated §11-13-101 et seq. 7. Authority and Action of Rate Committee. The rate committee shall meet at least once each year, but as often as needed to accomplish its purpose. The Committee shall: (a) Confirm the votes allocated to the Members of the Rate Committee for tbflt nnniial meetingpursuant to the procedure described in' Section 11 of-this Agreement. (b) Tearly, elect the chair and other officers of the Rate Committee pursuant to -Section 8(c) of fiiis Agreement. (c) Establish or modify bylaws as specified in Section 10 of this Agreement. Page 5  (d) Review tiie annual report prepared by LOGAN pursuant to Section 14 of this Agreement. (e) Review LOGAN'S explanation and accounting ofAdministrationEjqjenses. (1^ As deemed necessary,select'consultants to support User Rate analyses. (g) Subject to tiae provisions of Section 6 of diis Agreement the Rate 'Committee shall establish or reaffirm the.Fiscal Year User Rate that will serve as the basis for monthly wastewater treatment bills charged to die Parties. The User Rnte shalljqjresent the unit cost of wastewater treatment by the TreatmentFacility. User Charges will be calculated from the User Rate and the monthly Wastewater Loads of the^Parties in order to ensure that each entity will pay its equitable share of wastewater treatment costs. (h) At the request of a majority ofthe Contributing Parties,rntes adopted by the Rate Committee shall be reviewed by an independent consultant selected by thejC^ommittee, as set forth in 'Section lid, below. If the reviewer determines that the. rates are not fair and equitable,the rates shall.be revised to be fair and equitable prior to being imposed. (i) Recommend the annual wastewater treatment operations budget to the Logan City Mayor. (j) Take such actions as are necessary or expedient to carry out fiie intention ofthis A^eement. However,fhe Rate Committw shall have no powers other than those granted to it under this Agreement. 8. Cftmniiftpft Mpmhftriihip. Each Party shall have the power to .appoint one member ofthe Rate Committee for so long as it is delivering wastewater to the Treatment Facility. Each such member is referred to as.a ^'Member" ofthe Rate Committee. (a) The Member representing a Party shall be designated and appointed by the duly constituted governing body ofthat Party. Such'Member shall serve at the-pleasure ofthe governing body of that Party, and each Party shall have the right to reihove .and "replace the representative Member of that Party at any time. Initial appointments shall be made,within thirty(30)days ofthe date ofthis Agreement, and each Party shall give written notice to the other Parties of the identity of:the representative Member ofthat Party. (b) In the event of the removal and/or resignation, death or incapacity of any Member,the governing body ofthe Party who appointed that Member shall designate and appoint a new representative Member for that Party to fill the vacancy, and shaU give written-notice to the other Parties of the identity of the replacement Member who represents the Pairty on the Rate Committee. All Members shall continue to serve until their respective successors are appointed. Page 6  (c) The Rate Committee shall select a chair, a vice-chair and other officera •from among the Members, who shall serve until their successors are duly selected by the Memb^. The Chair.and Vice Chair of die Committee shall rotate on.an annual basis between ^ LOGAN .and the Contributing Parties. The Director of LOGAN'S Environmental Department shall sCTve asihe Secretary and as a technical advisor to the Rate Committee. The"Secretary shalT not have any votes with-respect to actions taken or approved by'flie Rate Committee unless die Secretary is desigiiated by XOGAN as its representative Member on the Rate Committee. The Secretary shall'keep minutes of each regular and special meeting ofdie Rate committee and shall Supply to each Member of the Rate Committee copies of those minutes as soon asTeasonably possible after each such meetmg. 9. Meetinns. The Rate Committee shall meet as often as necessary to accomplish the business of the Committee. The annual meetmg of the Rate-Committee shall occur on the second Monday of.January each year, or on such other date in a particular year as is determined by die Rate Committee. Any Member may call a special -meeting- of die Rate Committee.at any time upon written notice to all of the Parties,, which notice must be given not less than "ten (10) days prior to the special meetmg. 10, Bylaws. The Rate Committee shall establish bylaws, consistent with this Agreement,'relating to the activities ofthe Parties in connection with diis Agreement. Those bylaws shall be applied uniformly among all ofdie P^ies. 11. Voting. Except as otherwise expressly provided in this Section or otiierwise in this Agreement, actions by the Rate Committee shall be on the basis of a majority ofthe weighted votes allocated to the Mranbers of die Rate" Committee, ha each fiscal year, each Member of the Rate Committee shall be allotted a number of votes in each fiscal year proportional to the "wastewater •revenue" paid to the Treatment Facility by die Party represented by that Member during the prior'fiscal year, and the number of votes shall be adjusted each fiscal year. There will be a total of 1000 votes, and the number of each Party's votes will be.calcul^ed"as a percentage of Wastewater Revenue paid and ■multiplied by 1000. For purposes of vote allocation, the definition of "Wastewater Revenue" shall be detCTuiined by die Committee and may berevised. Until such time as WastewaterRevenue is defined and calculated for each Party, the percentage of annual revenue paid by .each Party shall be the basis for apportioning the weighted votes of the Members of the Rate Committee. (a) Weighted Votes, hiitially, the "votes of the Members representing the Parties on the Rate Committee shall be aliocated as follows, using 2014 revenue data: Party 2016 Proportional Number of Votes for Revenue . Contribution 2017 LOGAN ■ $4,216,157.27 66.5% 665 SMTTHFIELD $398,337.17 ■ 6.3% 63 HYDEPARK ■ $260,873.43 4.1% ■ 41 NORTH $737,548.63 11 6 11j6— RIVER " -- $55,57i54 0.9% li^ .1 9 iffTi "I jmirr^ V. Page?  PROVIDENCE $43.1,445.9 6.8% 68 NIBLEY S2'3"9,384.18 r" """^8 TOTAL- ■$6,339,319.12 100% 1,000 (b) Admstment of Votes. Each fiscal year, the number of votes .allocated to each Member shall be adjusted. The number of votes aliocated to each Party shall be based on the proportionio die total wastewater revenue paid to the Treatment Facility in the. prior fiscal year by the Party represented by that Member, relative to the total wastewater revenue paid to tiie Treatment Facihiy by all of the Parties during that prior fiscal year. (c) Quorum. Five (5) Members, who collectivelyTepresent Parties holding •not less than sixty percent (60%) of the total votes, shall constitute a quorum for purposes of a meeting of the Rate Committee. No .action -nwy be taken by the Rate Committee excqpt at a meeting at which a quorum is present. (d) 'The selection of any consultant to- provide services Telating to the Rate Committee's authority shall require the vote of at least eighty percent (80%) of the Members of die Rate Setting Committee, including at least three of the Contributing Parties. 12. Separate Metering. To determine the allocation ofyl^ser Charggythat are to'be proportionately allocated among the .Parties, Contributing Parties will have separate flow meters and appropriate monitoring equipment installed, calibrated, maintained, and controlled to determine accurate flow and Wastewater Load delivered to the Treatment Facility by each Party. User charges applied to Logan shall be based on estimated flows. (a) • For piuposes of this Agreement, Wastewater Xoad shall be defined by the Rate Committee. (b) Wastewater Load will be measured monthly by LOGAN. (c) The cost of installing calibrating,. maintaining, and monitoring flow meters and associated equipment for measurement of the Participating Parties' wastewater contributions shall be a cost to the Contributing Parties. , (d) The-flow meters and associated monitoring equipment shall be operated, calibrated and maintained by LOGAN in accordance ^th the equipment manufacturers' printed recommendations. The meters shall be periodically serviced at the "Board's direction by an independent contractor approved by the Board. 13. Wastewater Treatment Enterprise Fund. Wastewater treatment User Charge amounts received fi"om tiie Parties shall be deposited in the LOGAN" Wastewater Treatment Enterprise Fund. It is acknowledged that a portion of the reserve iunds in this account came from payments by the contributing parties. The Transfer Fee and the Adininistrative Expense portion wiU be transferred to Page 8 Logan's general fund in .accordance with Utah law. The only funds transferred from tiie Wastewater ^terprise Fund shall be the Administrative Expense and Transfer Fee specified in Sections 5c and 5d. 14. "The Annual Report. Before die next.annual meeting of the"Rate Committee, - LOGAN shall supply to each ofthe Parties a written report containing the following information: (a) An independent auditor's report and opinion on the accounting of the ' Operating Expenses and die reasonableness of the allocated administrative charges of the Treatment Facility incurred during the i2-month period ending on June30. (b) A report of the'flow and Wastewater Load received from.each of the Parties during the 12-month,period. The current budget for die operation of die Treatment Facility. (d) A detailed explanation and accounting'ofAdministrative Expenses. 15. Failure to Act bv Rate-Committee. If the'Rate Committee fails to exercise die rate-setting.authority granted to it under diis Agreemeiit, LOGAN shall have the power and authority to set rates for treatment of wastewater at die Treatment .Facility, after'providing written notice to the Contributing Parties. 16. '. Protecfion of Bond Covenants. Nothing in tiiis agreement shall lirnit.the power ofLOGAN to establish fees and charges for wastewater treatment services or to perform in a manner that will satisfy its bond covenants-relating to all revenue bonds issued by LOGAN that are secured,in whole or in part, by LOGAN's'wastewater collection "and treatment system; provided, that the Contributing parties shall not be responsible for die payment of any operation .and maintenance or debt service expenses for any bondsissued by LOGAN that,do not relate to the wastewatertreatment system. 17. 'Withdrawal bv a Contributing Party. The Parties acknowledge that, if any Contributing Party were to disconnect from'die Treatment Facility, that Contributing Party's share of&e cost of the operation and maintenance of the Treatment Facility and the other amounts payable by die Parties would be shifted to the odier Parties, potentially increasing the amounts payable by diose other Parties. Disconnection "from the Treatment Facility will be outlined in detml in .each Party's specific Sewer Treatment Agreement widi Logan. Therefore, the Parties hereby agree that: (a) Withdrawal Notice. K a^Contributing Party proposes'to withdraw from participation in the Rate Setting Committee, it shall give written notice thereof to all ofdie other Parties. (b) Effective Date. The effective date of a Contributing Party's disconnection from die Rate Setting Committee shall be the date indicated in die written notice, or if not specified shall be the date received by the Committee. ' ' Page 9  (c) In the event that a Contributing Party disconnects from the Treatment "Facility, the Contributing Party's membership on the Tlate Committee shall automatically terminate. (d) The Parties acknowledge that early disconnection provisions and any equitable adjustments required in the event of early disconnection will be subject to additional conditions established in each'Party's specific Sewer Treatment Agreement withXOGAN. (e) Nothing in this section shall prevent the Parties from pursuing other remedies available to them by law. 18. ' Representations ofParties. -Each Party hereby certifies, warrants and represents that (a) it has the power to enter into this Agreement nnd alb necessary action of its city council to authorize the execution and delivery of this Agreement; and (b) this Agreement does not conflict with,, and the execution and performance hereof by the Party, will not constitute a breach of or a default under any contract, le^e, court Order, administrative rule, regulation or law to which the Party or its properties or either ofthem"are subject or by which it is bound. ^ _ 19. Default. In die event-any of any default in the performance of any- obligation hereunderor any breach ofany term hereunder by a Contributing Party,the other Parties shall be entitled, in addition to any other remedy that may be available hereunder or under applicable law, to recover from the defaulting Party the cd.sts incurred by those other Parties in enforcing their rights ■ hereunder or in seekihg damages for any.breach hereol^ including reasonable attorneys' fees, whether such costs.are incurred by litigation or otherwise. The remedies .available under this Section shall be cumulative and in addition to any other remedies which"may be available hereunder or under applicable law, and no election by.any Party to exercise, modify or waive any remedy on any occasion shall be deemed to be an election to exercise, modify or waive the same or any other Temedy on any other occasion. In the .event of a material breach by n Contributing Party of this Agreement, the breaching Contributing Party shall have its Rate Committee membership suspended until the breach is cured. The determination of a "material breach" and the cure of said breach shall be made by the Rate Committee •minus the partidpation ofthe.alleged breaching Contributing Party. 20. Amendment of Agreement. It is the intention of the Parties that, if the Parties determine that this Ape^ent should be amended, ah attempt shall be made to reach a consensus with respect to that amendment. However, this Agreement may be .amended by.a vote of at least eighty percent (80%) of the votes of the Membere of the Rate Committee, including at least three of the Contributing Parties; provided, however, that (a) no such amendment shall impose upon any Party the obligation to pay fees and charges or otiier amounts in excess of the amounts described in this Agreement (unless that Party agrees to those additional amounts), and (b) unless LOGAN agrees otherwise, no such amendment shall amend or modify the protection ofLOGAN's bond covenants set forth in Sections ^(b) and 16 offiiis Agreement. Page 10 J 21. Assignment. No Party shall have the authority to transfer or assign any of the ri^ts or delegate any of the duties set forth in this Agreement without the prior written consent of all of the other.Parties. 22. Binding Effect. This Agreement shall be binding upon each ofthe Parties hereto and their respective assigns and successors-in-interest. 23. Severabilitv. "It is hereby declared that all parts ofthis Agreement are severable, and if any section, paragraph, clause or provision of this Agreement shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability ofthat section,paragraph, clause or provision shall not affect the validity or enforceability ofthe reqiaming sections,paragraphs, clauses and provisions ofthis Agreement 24. Complete Agreement. This Agreement constitutes the full" and complete agreement by, between ^d among the Parties as to the matters covered hereby, and supersedes all prior oral or written agreements,representations, conversations and understandings ofthe Parties. 25. Sewer Treatment Agreement. This Agreement does not take the place of each Party's individi^ Sewer Treatment Agreement with Logan. However, each Party's individual agreement rnay not be contrary to what is in this Agreement. 26. Governing Xaw. This Agreement shall be governed by Ihe laws of tiiie State of Utah. IN WITNESS WHEREOFjthe Parties hereto have caused .this Agreement to be executed by and through'their duly.authorized representatives on the date fiist.above Written. LOGANCITY By: Attest: Mayor Approved as to form: City Recorder Attorney for Logan City SMTTHFIELD CITY By:. Attest: Mayor Page 11  ApproVed as to form: .City Recorder Attorney for Smithfield City HYDE PARK CITY \ By: Attest: Mayor Approved as to form: City Recorder Attorney for Hyde Park City NORTH LOGAN CITY By: Attest: Mayor Approved as toform: City Recorder Attorney for North Logan City RIVER HEIGHTS CITY By:. Attest: Mayor Approved as to form City Recorder Attorney for River Heights City PROVIDENCE CITY By: Attest: Mayor Page 12  j Approved as to form: City Recorder Attorney for Providence City NIBLEYCITY By: Attest: Mayor Approved as to form: City Recorder Attorney for Nibley City V, Page 13