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City Council

Regular Meeting

River Heights, UT · January 24, 2018

Minutes

Minutes

River Heights City COUNCIL MEETING AGENDA Tuesday, January'9,2018 Notice is hereby given that the River Heights City Council will hold its regular council meeting beginning at 6:30 p.m. in the River Heights City Office Building at 520 S 500 E. 6:30 p.m. Opening Remarks (Thatcher) and Pledge of Allegiance (Clausen) 6:35 p.m. Adoption of Previous Minutes and Agenda Pay Bills Finance Director Report Purchase Requisitions Public Works Report Administrative Report Public Comment 6:45 p.m. Discuss Council Assignments 6:50 p.m. Discuss Old School Building 7:15 p.m. Discuss and Accept the Inter-City Sewage Treatment Service Agreement 7:30 p.m. Mayor and Council Reports 7:45 p.m. Adjourn Posted/this 5^ day of January 2018 mu Sheila Lind, Recorder In compliance with the American Disabilities Act, individuals needing special accommodations(including auxiliary communicative aids and services) during this meeting should notify Sheila Lind,(435)770-2061 at least 24 hours before the meeting. 520 South 500 East River Heights, Utah 84321 Phone 8c Fax (435) 752-2646 River Heights City 1 2 3 Council Meeting 4 5 January 9,2018 6 7 8 Present: Mayor Todd Rasmussen 9 Council members: Robert"K" Scott 10 Elaine Thatcher 11 Dixie Wilson 12 Blake Wright 13 14 Recorder Sheila Lind 15 Public Works Director Clayten Nelson 16 Finance Director Clifford Grover 17 Treasurer Wendy Wilker 18 19 Excused Councilmember Doug Clausen 20 21 Others Present: James and Gayle Brackner, Cindy Schaub, Dolly Craney, 22 Heather Lehnig 23 24 25 The following motions were made during the meeting: 26 27 Motion #1 28 Councilmember Wright moved to "adopt the minutes ofthe December 19, 2017 Council 29 Meeting and the evening's agenda." Councilmember Wilson seconded the motion, which passed with 30 Scott, Thatcher, Wilson and Wright in favor. No one opposed. Clausen was absent. 31 32 Motion #2 33 Councilmember Scott moved to "pay the bills as listed." Councilmember Thatcher seconded 34 the motion, which passed with Scott, Thatcher, Wilson and Wright in favor. No one opposed. Clausen 35 was absent. 36 37 38 Proceedings ofthe Meeting: 39 40 The River Heights City Council met at 6:30 p.m. in the Ervin R. Crosbie Council Chambers in 41 the River Heights City Building on Tuesday, January 9,2018. Councilmember Thatcher opened the 42 meeting with a thought. Councilmember Wilson led the group in the Pledge of Allegiance. Mayor 43 Rasmussen stated he is humbled by knowing the citizens want him in this position and he vowed to do 44 his best to lead the City. He felt grateful to be able to work with everyone. River Heights City Council Meeting, 1/9/18 1 520 South 500 East River Heights, Utah 84321 Phone 8c Fax (435)752-2646 45 Councilmember Thatcher felt honored to be able to serve on the Council. Her grandfather was 46 the first mayor of River Heights and her parents grew up here. She has seen the City go through a lot 47 ofchanges over the years. She hoped to use her best gifts in the service she will give. 48 Adoption ofPrevious Minutes and Agenda: Minutes of the December 19,2017 Council 49 Meeting, were reviewed. 50 Councilmember Wright moved to ^^adopt the minutes of the December 19,2017 Council 51 Meeting and the evening's agenda." Councilmember Wilson seconded the motion, which passed 52 with Scott, Thatcher, Wilson and Wright in favor. No one opposed. Clausen was absent. 53 Pav Bills: The bills were presented and discussed. Councilmember Wilson asked ifthe salt bill 54 from Providence was for the year or just December. PWD Nelson said it is for all that was used this 55 winter so far. Treasurer Wilker explained the bill is actually lower than usual and that the public 56 works guys keep a record of what they pick up and compare it with the bill when it comes. Mr.Nelson 57 said, actually Providence just takes his word for how much he picks up and then bills for that amount. 58 Councilmember Wright asked about the 1000 East bill for sidewalk, curb and gutter. PWD 59 Nelson said the bill was for the amount originally approved to pay Logan for the improvements(which 60 affected River Heights residents) on their project. The individuals who requested driveway assistance, 61 have been paid separately. 62 Mayor Rasmussen asked about the Thurcon bill for street sweeping. PWD Nelson explained 63 Thurcon brings a bin for them to use all year for dumping the street sweeping debris(per state 64 stowrmwater regulations). They come back and empty it at the end ofthe season. 65 Councilmember Scott moved to "pay the bills as listed." Councilmember Thatcher 66 seconded the motion, which passed with Scott, Thatcher,Wilson and Wright in favor. No one 67 opposed. Clausen was absent. 68 Finance Director Report: FD Grover explained the Financial Summary,designed to help 69 determine where the finances are at a given point. Generally, the balances are tracking pretty close. 70 Some budgets get hit with a large amount at certain times ofthe year. 71 Councilmember Wright asked why the Planning & Zoning Budget was so skewed. FD Grover 72 explained it is tracking a pass through, which hasn't been collected yet. 73 Purchase Requisition: There were none. FD Grover asked PWD Nelson what he found out 74 about a new electric service meter at Conservice. PWD Nelson said he was finally able to talk to 75 someone from Rocky Mountain Power about a work order. He's hoping they can get together this 76 week to figure out when to schedule the meter replacement. 77 Public Works Report and Discussion: PWD Nelson reported on the following: 78 • He has gotten a bid on a snow blade for the Kubota,like Providence has. He was surprised at 79 the expense of$6,000, which is due to the hydraulic system to run the blade. He feels it is the 80 best option, but is still looking. Currently in the City, there is someone with a 4-wheeler who 81 has been plowing almost all the City's sidewalks. FD Grover asked ifthere is a used market 82 for these types of blades. Mr. Nelson will check around. 83 • He has been working on the annual reports for the State. 84 • He explained that Dan Hogan owes the City almost $10,000 for the seal coat in Saddlerock 85 Phase 2, which the City paid for. The developer is required to have the work done and pay for 86 it himself within 18 months of when the initial asphalt is installed. The problem is that once 87 development starts the roads get too dirty to apply the seal coat. Mr. Nelson suggested the 88 contractor pay ahead for the work and the City will have it done after the road has been cleaned 89 up. FD Grover suggested the addition of a security deposit, which would cover any differences 90 between the initial bid and the actual cost at the time of installation. The Council agreed. River Heights City Council Meeting, 1/9/18 91 Councilmember Wright read from 11-6-3;W of the RHC Code which states,"To ensure 92 completion ofthe seal coat, the developer shall post a security of performance of 150% ofthe 93 amount of the engineer's estimate ofthe cost ofsealing the asphalt." Mr. Nelson said the only 94 company that meets the City's specs only comes once a year. Therefore, the City has been 95 scheduling Saddlerock at the time they have the other roads done. He suggested a couple 96 clarifications to the code. FD Grover had a recommendation on the amount ofthe security 97 bond. The two ofthem will come up with changes for the Planning Commission to consider. 98 Administrative Report: Recorder Lind explained there are times when the City needs to pass 99 on a bill to an individual/company,for work done in their behalf, but paid for by the City. Some 100 individuals are hard to collect from in a timely manner. She asked about the possibility of a late fee for 101 bills that are 30 days past due. FD Grover suggested a minimum late charge of$25 plus 18% annual 102 interest. He felt this was an administrative procedure, rather than a coimcil action. He will forward 103 some verbiage to Recorder Lind, to include with the bills. 104 Public Comment: Jim Brackner would like to buy out his phone, which the City provided for 105 him as mayor. He felt $340 would be a fair-price. It's a two year-old iPhone 6. FD Grover suggested 106 most phones are wasted after 2-3 years. Councilmember Wright suggested gifting it to him, which Mr. 107 Grover agreed to. 108 Discuss Council Assignments: Mayor Rasmussen said he would like to visit one on one with 109 each council member to determine ifany ofthe assignments will be changed. 110 Discuss Old School Building: Mayor Rasmussen asked the Council to email their ideas for 111 City use of the Old School to him. 112 Councilmember Thatcher suggested they consider if the City's investments in the building 113 would be able to be offset by any revenue ideas. 114 Councilmember Wilson feels the City should accept it for the sake ofkeeping the property and 115 preventing an unwanted use. She felt it wasn't too bad cosmetically. 116 Councilmember Wright asked if anyone knew of safety code issues with the building which 117 would preclude an assembly of people, such as children's operas or concerts. Mayor Rasmussen said 118 the engineer's report stated some items were up to safety code and others were not. 119 Councilmember Thatcher sees an opportunity to have indoor community activities through the 120 winter, such as plays or dances. 121 The annual building utility costs are about $23,000. 122 Mayor Rasmussen said it has seismic issues and believed it couldn't be used as retail space, but 123 could be used for City use. 124 Jim Brackner said if the building's use didn't change from what it is now, no upgrades would 125 need to be made to the building. 126 Councilmember Wright said the current zone ofthe property is R-1-8. They have talked in the 127 past about changing this zone in the General Plan zone to Parks and Recreation. 128 Councilmember Scott suggested tearing down the Old Church for a soccer field. 129 Councilmember Wilson admitted she is greedy for the space for the City in the centrally 130 located place. Once it's gone we can't get it back. 131 Councilmember Wright agreed and felt it behooved this Council to hold on to the property even 132 ifits not used for a number of years. 133 Discussion was held on the cost for utilities and ifthe City can afford it. Some areas of the 134 building could be closed off to cut utility costs. Councilmember Wilson asked how much it costs to 135 maintain the current City Building. Mayor Rasmussen said he would find out. River Heights City Council Meeting, 1/9/18 136 The Council will need to make a decision by May. Each council member expressed interest in 137 keeping the property for perpetuity. 138 Mayor Rasmussen asked again for an email from each council member and employees of pros 139 and cons for taking the building. 140 FD Grover will pull the expense information for the City Building maintenance and give it to 141 Mayor Rasmussen. 142 Discuss and Accept the Inter-Citv Sewage Treatment Service Agreement: Mayor Rasmussen is 143 still getting conflicting stories. There may be an option for River Heights to join a treatment facility in 144 Hyrum,a few years down the road. If we sign with Logan, we would have to wait 2 years to get out of 145 the contract. He has understood all the cities are signing their contracts and will have them back to 146 Logan within the next week or so. Jim Brackner said there is still no firm commitment for Hyrum's 147 plant and there isn't a firm enough cost figure to say if its feasible. 148 The City has already signed the 30-year rate agreement. Jim Brackner said if any conflicts 149 come up,this maintenance contract will take precedence over the 30-year rate agreement. 150 Mayor Rasmussen will do more checking and put this on a future agenda. 151 Mavor and Council Reports: Recorder Lind asked Councilmember Thatcher when Apple Days 152 would be scheduled. It was decided it will be August 25. Heather Lehnig said this is a good date 153 because families will be back in tovra since school starts that week. PWD Nelson said it's a good date 154 for the PW department, in regards to the park looking good and the weather still being nice. 155 FD Grover asked Councilmember Thatcher to meet with him and Treasurer Wilker to discuss 156 the past budget issues with Apple Days. 157 The meeting adjourned at 7:40 p.m. 158 159 160 161 Sheila Lind, Recorder 162 163 Todd Rasmussen, Mayor River Heights City Council Meeting, 1/9/18 River Heights City Bills To Be Paid January 9,2018 Payee Description Admin. P&Z Parks/Rec Pub. Safety Com. Aff. Roads Water Sewer 'Total 1 AT&T Mobility City Cell Phones $67.89 $67.89 $67.88 $203.66 2 Blue Stakes of Utah Billable Notifications $38.15 $38.15 $39.30 $115.60 3 Brag Area Clerks Annual Recorder Membership $35.00 $35.00 4 Cache Valley Publishing Appeals Meeting Notice $39.87 $39187 5 Caselle, Inc. Monthly Billing Fee $91.69 $91.66 $91.65 $275.00 6 Chevron & Texaco Fuel For City Vehicles $51.76 $51.78 $51.78 $51.78 $207;10 7 City ofLogan Share Cost 1000 East Curb & Gutter, Sidewalks $10,230.00 $10l230.00 8 Daines & Jenkins Legal P&Z,Sewer, Admin $1,640.00 $100.00 $100.00 $1,840.00 9 Freedom Mailing Services, Inc. Bill Processing $136.01 $45.33 $45.33 $226.67 10 Hydro Specialties Company Chlorinator Repair Kit $372.30 $372.30 11 It Works Office Scanner Cleanup and Reinstall $90.00 $90.00 12 Lowe's Heater Connectors for Weils $37.14 $37:14 13 Macey's Providence Council Meeting Luncheon $52.98 $52.98 14 Providence City Salt For December 2017 $2,063.53 $2,063.53 15 Rocky Mountain Power Electricity $106.73 $77.23 $25.45 $1,158.61 $1,860.82 $44.03 $3,272.87 16 Secure Instant Payments, LLC Monthly Billing Fee $14.82 $14.82 $14.81 $44.45 17 Thurcon Street Sweeping for Storm Water $247.70 $247.70 18 Xerox Monthly Copier Usage Billing $46.11 $46.11 19 20 - 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ,, 43 44 45 46 ■ ,• ■ Page 1 SubTotals $2,321.10 SIOO.OO $128.99 $25.45 $13,789.77 $2,579.89 $454.78 $19,399.98' Page 1 Total Amount to be Paid .$19,399.9^ River Heights City Financial Summary January 09,2018 Cash Balance Bv Fund 12/31/17 01/09/18 Net Change %of Total General Fund 220,252.43 187,384.92 (32,867.51) 13.16% Capital Projects Fund 61,270.51 61,270.51 - 4.30% Water Fund 341,969.36 347,432.73 5,463.37 24.40% Sewer Fund 822,266.09 827,803.42 5,537.33 58.14% Total Cash Balance 1,445,758.39 1,423.891.58 (21,866.81) 100.00% %0f %0f Unexpended Budget Time YTD Actual Annual Budget Budget Incurred Incurred General Fund ^ Revenue 438,022.26 767,990.00 329,967.74 57.03% 52.88% Expenditures Administrative 86,646.39 160,120.00 73,473.61 54.11% 52.88% Office 7,983.35 14,975.00 6,991.65 53.31% 52.88% Community Affairs 9,449.90 22,600.00 13,150.10 41.81% 52.88% Planning & Zoning 11,424.26 7,100.00 (4,324.26) 160.91% 52.88% Public Safety 33,524.62 99,460.00 65,935.38 33.71% 52.88% Roads 43,841.47 104,150.00 60,308.53 42.09% 52.88% Parks & Recreation 33,883.20 80,846.00 46,962.80 41.91% 52.88% Sanitation 72,101.17 144,000.00 71,898.83 50.07% 52.88% Transfer To CP Fund - 100,000.00 100,000.00 Total Expenditures 298,854.36 733,251.00 434,396.64 40.76% 52.88% Net Revenue Over Expenditures 139,167.90 34,739.00 (104,428.90) Capital Projects Fund Revenue 307.94 50.00 (257.94) 52.88% Transfer From General Fund 375,000.00 375,000.00 Expenditures Administrative 4,900.00 35,000.00 30,100.00 52.88% Parks & Recreation 114.90 - (114.90) 52.88% Roads 56,338.66 420,000.00 363,661.34 52.88% Electricty - 4,162.74 4,162.74 52.88% Total Expenditures 61,353.56 459,162.74 397,809.18 52.88% Net Revenue Over Expenditures (61,045.62) (84,112.74) (23,067.12) Water Fund Revenue 266,033.51 332,480.00 66,446.49 80.01% 52.88% Expenditures 157,449.19 241,305.00 83,855.81 65.25% 52.88% Net Revenue Over Expenditures 108,584.32 91,175.00 (17,409.32) Sewer Fund Revenue 182,798.86 231,300.00 48,501.14 79.03% 52.88% Expenditures 142,476.42 259,411.00 116,934.58 54.92% 52.88% Net Revenue Over Expenditures 40.322.44 (28,111.00) (68,433.44) INTER-CITV SEWAGE TREAIMENT SERVICE AGREEMENT THIS AGREEMENT made and entered into this day of ,20158 by and between the CTTV OF LOGAN,hereinafter "LOGAN",and the CIT^' OF RIVER HEIGHTS, hereinafter"RIVER HEIGHTS": WITNESSETH: WHEREAS,RIVER HEIGHTS presently has no sewage treatment system; and WHEREAS,LOGAN has a sewage treatment facility, capable of handling and treating the sewage of RIVER HEIGHTS;and NOW THEREFORE,in consideration ofthe mutual covenants and undertakings hereinafter stated to which each party hereby binds and commits itself, it is agreed as follows: 1.klVERl HHIGHIS will grant appropriate enforcement authorit\' to LOGAN, to act as the Commented [KHl]: Required by OWQ aaent and rcprescniative ol'RlVl'R HEIGHI S. to enforce nre-trcalmeni requirements in Formatted- Body Text indent 2 coniiinction with operation of the RIVER HEIGHTS sewer collection svstem. This includes the abilitv and leaal authorilv to impose ilnos. penalties, and other actions as ncccssarN to assure the integritv and safe operation of the sewage treatment svstem. The enforcement authorit% uranted to LOGAN bv RIVER HEIGHTS does not relieve RIVER HEIGHTS from its enforcement resnonsibililies pursuant to this agreement and federal. state atid local laws and regulations., Formatted: Font color Black 2. Transportation to LOGAN Trunk Line. RIVER HEIGHTS will provide the sewage collections system within its corporate limits at its sole cost and expense, and a trunk line extending from the collection system to a point at 1.700 East of the intersection of 7'*' South and U.S. Hwy 91, where a connection will be has been made to the Logan City's fifteen-inch sewer trunk line. This point shall be referred to hereinafter as the "Main Collection Point." 3. Main Collection Point. At the Main Collection Point, a collection box and measuring device with attached recorder or totaling meter has been installed b\ LOGAN to the specifications acceptable to the Logan City Engineer to measure the volume of waste discharged through the trunk line into Logan City's trunk line. 4. Ownership/Maintenance. It is agreed that all lines above or on the RIVER HEIGHTS side of the mMain eCollection pPoint (the metering station) shall be owned and maintained by RIVER HEIGHTS. The ownership of pumps and metering station equipment at the »Main eCollection pPoint shall be owned by LOGAN. Maintenance shall be performed by LOGAN. All lines (gravity and pressure), below or on the LOGAN side of said Main Collection Point(the metering station) shall be owned and maintained by LOGAN. 5. Meter. The measuring devices installed at any collection points, including the Main Collection Point, shall be installed and owned by LOGAN. RIVER HEIGHTS shall have the right to verify the meter readings and the devices at any time. 6- Acceptance of Permits and Sewage Waste. LOGAN agrees to accept the sewage waste from RIVER HEIGHTS so long as said sewage conforms to all requirements of federal, stale and LOGAN laws and regulations, including pre-treatment and Local Limits Standards. klVERl HEIGHTS aarees to set un sewage collection and treatment [KHZ]: Required by dwij ordinances that equal or exceed EP.A tind State reqiilremems. as well as LOGAN standards. RIVER HEIGHTS also aarees to the establishment of user charges associated uith the treatment of industrial and^or commercial wastes and that permits for the above be administered and approved bv LOGAN. RIVER HEIGI ITS hereb\' agrees to provide all necessary data to enable LOGAN to administer said permits. As a condition of connecting to the domestic sewer svstem. RIVER HEIGHTS will retiuire industrial and commercial users to allow random, unannounced on-site inspections of pre-treatment facilities. RIVER I lEIGI ITS also grants to LOGAN auth<)^it^ to perform unannounced on-sitc. random inspections for pre-treatment purposes, as necessary, and to charge the sewage client for the same, and to allow LOGAN to charge pre-treatemenl clients with the costs ofadministering the program, at the same rate charged to LOGAN clients. RIVER HEIGHTS agrees to inform Logan Citv Environmental Department once every month for an\ potential new industries, businesses and anv other commercial entities that could discharge materials that are subject to pre-treatment standards. RIVER HEIGHTS will also require these businesses to obtain pre-treatment permits from Logan Citv Permits and Compliance Division before RIVER HEIGHTS will issue building permits and licenses to do business in RIVER HF.IGH I S. subject to LOGAN approvine or denying all nretreatment permit applications within 30 davs of a complete permit application being submitted to Logan. In the event LOGAN fails to respond to a comoletc application within 30 davs. RIVER HEIGHTS ma\ issue building permits and business licenses.! 7. Payments. RIVER HEIGHTS agrees to pay LOGAN,and LOGAN agrees to receive from RIVER HEIGHTS,for treating and disposing ofsewage waste, a regular fee as per-B schedule ttsestabHshed bv-l.ogitf>-N4ttfiicipal C'o»fK;il4^e?K>kitt*m-as moasurL'cl at the Colloction Pointset forth in paragraph 8 oFthis Agreement. RJVER HEIGHTS further agrees to pay Logan, and Logan agrees to receive from RIVER HEIGHTS for accepting, conveying and transporting sewer waste a fee in the amount of S.27 for each 1,000 gallons of waste as measured at the Collection Point. This fee mas be adjusted in the future as described in paragraph 8. In no case will sewage treatment costs for RJVER pRwiswns of the paragraph concerning trentnwnt and disposing ofsewage waste wih be afrectiftfl-the sewugo rolo sehedtdobe subsidized bv or be ie.ss than those costs charged to equivalent customer classes for LOGAN customers. 8. Rates. It is agreed that fees charged to RIVER HEIGHTS will be as established and adjusted bv the Regional Wastewater Treatment Rate Committee (hereinafter Rate Committee) that was created bv interiocai agreement dated November 9'^. 2015 (hereinafter Rate Committee Interlocal Agreement). In the event that the Rate Committee falls to act, the rates shali be set bv Logan City pursuant to Section 15 of the Rate Committee Interlocal Aereement. Formatted: List Paragraph, No bullets or numbering 9. ^eeulatedl Users. RIVER HEIGHTS agrees that all regulated users within RIVER HEIGHTS Commented p(H3l: Required by Dwg boundaries will be required to obtain a pretreatment permit from LOGAN to enable LOGAN to monitor waste water quality, in accordance with federal, state. RIVER HEIGHTS and LOGAN regulations. Any charges for testing, sampling or other charges to regulated user, in addition to the base rate and charges made pursuant to the LOGAN pretreatment rate, including surcharge fees and fines, will be billed and collected directly bv LOGAN. RIVER HEIGHTS shall be notified of any formal enforcement action taken bv Logan against businesses located in RIVER HEIGHTS. LOGAN ordinances pertaining to the sewer system will have precedence and legal binding authority on all parties to this agreement. Formarted: Font(Default)Times New Roman, 12 pt. KtKi. Severabilitv of Agreement. Savings Clause. If any provision of this Agreement is found Underline to be in violation of law or unenforceable, then notwithstanding any other provision of Formatted: Indent Left 0.5", Space After 10 pt, No bullets or numbering this Agreement, the remaining provisions of the Agreement shall remain effective and be interpreted consistent with the remaining provisions to give effect to the mutual intent of the parties to the maximum extent allowed by law. 1 1. Uniform User Rules. RIVER HEIGHTS and LOGAN agree that uniform rules and regulations will be established to regulate, including but not limited to. the discharge of harmful substances into the sewage system in excess of minimum standards prescribed; the use offood waste disposal units for domestic and commercial food wastes entering the sanitarv' system: and the provision of adequate inspection of building, sewer and street construction to prevent such items from entering the sewer system. Enforcement of these provisions will be the responsibility of the entity owning the collection svstem!TVt>tem. 4^12. Effective Period. This Agreement shall remain in effect for a period of two(2) years from the date hereof. It shall continue in effect for two-year periods thereafter unless terminated by either party by giving the other party six months written notice. In the event of a major change in projected grow^th rates and subsequent sewage flows, federal and state regulations, or capital improvement needs, both cities mutually pledge to renegotiate the terms of this agreement. In addition, any legislative changes that would prohibit Logan's ability to transfer funds as set forth in Section 5 of the Rate Committee Interlocal Agreement shall give Logan the ability to terminate this Agreement early upon two-year notice. 44-1T Adoption and Compliance with Rules and Ordinances. So long as such rules or ordinances are in compliance with federal, state, and LOGAN regulations governing the treatment of sewage. RIVER HEIGHTS agrees to adopt rules and ordinances that equal or exceed those of LOGAN as they presently exist and as they may be amended or added upon, governing the discharge of water or materials of any kind into RIVER HElGHTS's collection system and to be responsible for the administration and enforcement of said rules or ordinances, hdallcr rca.sonahle notice. RIVER HEIGH IS fails to take apDropriatc ....--^Commented [KH41; Required by PWQ enforcement action against violators within their jurisdiction for violations of said rules or ordinancc.s. LOGAN mav take anv action it deems appropriate, including not accepting waste al the collection ix)int and/or terminating this agreement., Formatted: Font:(Default)Times New Roman,12 pt ] ■14t I -I. Conflict of Contract. In the event of a conflict of rules or law concerning this Agreement and the Regional Wastewater Treatment Rate Agreement, this Agreement shall govern. 4^ 15 Damages and Expenses. All costs, damages and expenses {including but not limited to attorney's fees and the reasonable value of equipment and employee time) incurred by a non-breaching party because of a default or a breach by a defaulting party of this Agreement, shall be born and paid by the defaulting party. 44:1 <1 System Responsibilitv. Each party shall be responsible for their own collection system and trunk lines, and each agrees to indemnify and hold the others harmless for loss, damage or claims of any kind arising from their own acts or neglect relating to the installation or use of these collection system and trunk lines. 4-5tI 7. Authorization. The undersigned representative of each City confirms his or her authority to execute this agreement and represents that his or her governing body has authorized this agreement by resolution. CITY OF LOGAN ATTEST: By Mayor City Recorder RIVER HEIGHTS CITY CORPORATION ATTEST: By V Daines. Mayor City Recorder APPROVED AS TO FORM: Logan City Attorney RIVER HEIGHTS City Attorney

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