AGREEMENT NO 13904
OPTION AND PURCHSE OF EFFLUENT
1. PARTIES: The parties to this Agreement are the CITY OF PHOENIX
("Phoenix") , the City of Glendale ("Glendale") the City of Mesa
("Mesa") , the City of Scottsdale ("Scottsdale 11), the City of Tempe
("Tempe") and the Town of Youngtown ("Youngtown") Arizona municipal
corporations (hereinafter collectively called "Cities"), ARIZONA PUBLIC
SERVICE COMPANY, an Arizona corporation (hereinafter called "Arizona"),
and SALT RIVER PROJECT AGRICULTURAL IMPR0VEMENT AND POWER DISTRICT, an
Arizona agricultural improvement district (hereinafter called "Salt
River Project") (hereinafter collectively called "Participants").
2. RECITALS: This Agreement is made with reference to the following facts,
among others:
2.1 Phoenix owns and operates the 23rd Avenue Plant, a waste
water treatment plant. Cities share in the owner-ship of plant capacity
and share the costs of operating and maintaining the 91st Avenue Plant,
a waste water treatment plant, which is operated and maintained by
Phoenix in its own behalf and as administrative agent for all others
presently involved in the Multi-City Sewerage Plan. Effluent is
available from the 00xx Xxxxxx Plant and the 91st Avenue Plant for
beneficial uses.
2.2 Beneficial use of Effluent is in tile best interests of
the cities and the users thereof because of the reclamation of waters
in an arid region arid the economic benefits of such reclamation and
use.
2.3 The Participants are studying and planning Arizona Nuclear
Power Project ("ANPP") to be located in the Central Arizona Water
Conservation District organized and existing pursuant to Arizona
Revised Statutes SS 45-2601 et seq. In order for the Participants to
prepare environmental and site selection studies in the form and
substance as required by the U. S. Atomic Energy Commission
(hereinafter referred to as "USAEC") and by the State of Arizona
pursuant to ARS SS 40-360 and 40.360.0l to 40-360.12, the Participants
must secure an assured and adequate water supply for construction and
operation of ANPP.
2.4 The Participants desire to obtain sufficient Effluent to
proceed with ANPP site selection studies arid the Cities desire to
contract for the sale, transfer and delivery of such Effluent as set
forth in this Agreement, including their respective rights therein
after delivery thereof to Participants to waive their right to reuse or
otherwise dispose of such Effluent upon the terms and conditions
hereinafter set forth.
3. AREEMENT: In consideration of the terms , covenants and conditions
contained in this Agreement, the parties agree as follows:
4. EFFECTIVE DATE: This Agreement shall become effective when executed
by the parties hereto and shall terminate forty (40) years after the
last ANPP Unit has been placed in operation, but in no event later than
the year 2040, unless the parties shall agree upon an extension hereof.
5. DEFINITIONS:
5.1 USAEC: The United States Atomic Energy Commission.
5.2 ANPP: The Arizona Nuclear Power Project which may consist
of one or more nuclear steam electric generating units.
5.3 ANPP UNITS: Units 1, 2, 3 and 4.
5.4 W & S DIRECTOR: The person designated by Phoenix to
perform the duties and responsibilities of the Water & Sewer Director
as set forth in this Agreement.
5.5 COMMITTED EFFLUENT: Effluent which the Cities, as of the
date of this Agreement, have consented to the use thereof, by others,
as described on Exhibit A, and such amount of Effluent as may
reasonably be required in connection with the operation and maintenance
of the 23rd Avenue Plant and the 91st Avenue Plant, but excluding
Effluent sold or used for irrigation of any lands beyond the plant
sites described in Exhibits B and C attached hereto.
5.6 CONSTRUCTION WATER: The water requirements of each ANPP
Unit prior to its Date of Firm Operation.
5.7 DATE OF FIRM OPERATION: The date on which each ANPP Unit
can be expected to operate reliably at any load up to its rated
capacity as determined by the Project Manager.
5.8 EFFLUENT: The waste water discharged from the 00xx Xxxxxx
Plant and the 91st Avenue Plant after the processing thereof.
5.9 OPERATING AGENT: The entity determined by the Participants
to be their agent for operation, maintenance, repair and replacement of
each ANPP Unit. Arizona shall be the Operating Agent for Unit 1. The
Participants shall designate in writing the Operating Agent for Xxxx 0,
Xxxx 0 and Unit 4.
5.10 OPERATING AGENT'S ENGINEER: The person designated in
writing by the Operating Agent to perform the duties and
responsibilities of the Operating Agent's Engineer as set forth in this
Agreement.
5.11 OPERATING EMERGENCY: An unplanned event or circumstance
which reduces or may reduce the Cities' ability to deliver or the
Participants' ability to receive Uncommitted Effluent.
5.12 PARTICIPANTS: Arizona, Salt River Project and any other
electric utility, person or agency providing electric service who
becomes the holder of an ownership interest in any ANPP Unit.
5.13 PARTICIPANTS' FACILITIISS: All facilities, structures,
and equipment owned by Participants, wherever located, used or useful
for the receipt, treatment, storage, transportation and use of
Effluent, including without limitation all such facilities, structures
and equipment which may be located on property owned by the Cities or
any of them.
5.l4 PROJECT MANAGER: The entity determined by the
Participants to be their agent for construction of each ANPP Unit.
Arizona shall be Project Manager for Xxxx 0. The Participants shall
designate in writing the Project Manager for Xxxx 0, Xxxx 0 and Unit 4.
5.15 PROJECT MANAGER'S ENGINEER: The person designated in
writing by the Project Manager to perform the duties and
responsibilities of the Project Manager's Engineer as set forth in this
Agreement.
5.16 SCHEDULED OUTAGE: A planned event or circumstance which
reduces or may reduce the Cities' ability to deliver, or the
Participants' ability to receive, Uncommitted Effluent;
5.17 SHUTDOWN DATE: The date on which any ANPP Unit is taken
out of service and retired from use as a source of electric generation
as determined by the Operating Agent, customarily expected to be
approximately forty (40) years after such Unit is placed in commercial
operation.
5.18 UNCOMMITTED EFFLUENT: The Effluent in excess of that
which is indicated oil Exhibit A available at any time from the 23rd
Avenue Plant and the 91st Avenue Plant including but not limited to
Option Effluent.
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5.19 OPTION EFFLUENT: The sum of Xxxx 0 Xxxxx Xxxxxxxxxxxx,
Xxxx 0 Water Requirements, Unit 3 Water Requirements and Unit 4 Water
Requirements.
5.20 XXXX 0, XXXX 0, XXXX 0 and UNIT 4: Each of the respective
complete systems of ANPP for generating electricity, including without
limitation the nuclear; steam supply system and its containment or any
other complete steam supply systems, the turbine generator, all
auxiliary structures, system facilities and equipment necessary or
useful in the operation of the Unit.
5.21 UNIT 1 OPTION: The option given by the Cities to the
Participants under this Agreement to acquire Effluent in the amount of
Unit 1 Water Requirements.
5.22 XXXX 0 OPTION The option given by the Cities to the
Participants under this Agreement to acquire Effluent in the amount of
Unit 2 Water Requirements in the amount of Unit.
5.23 UNIT 3 OPTION The option given by the Cities to the
Participants under this Agreement to acquire Effluent in the amount of
Unit 3 Water Requirements.
5.24 XXXX 0 OPTION The option given by the Cities to the
Participants under this Agreement to acquire Effluent in the amount of
Unit 4 Water Requirements
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5.25 UNIT 1 OPTION From the effective date of this Agreement
until the date of issuance of the last of any authorizations required
by federal, state or local laws prior to commencement of construction
of Unit 1, including without limitation any authorizations for
construction of any water or Effluent facility required to construct,
operate and maintain such unit, but in no event later than December 31,
1995.
5.26 XXXX 0 XXXXXX - XXXXXXX XXXX: From the effective date of
this Agreement until the date of issuance of the last of any
authorizations required by federal, state or local laws prior to
commencement of construction of Unit 2, including without limitation
any authorizations for construction of any water or Effluent facility
required to construct, operate and maintain such unit, but in no event
later than December 31, 1995.
5.27 XXXX 0 XXXXXX - XXXXXXX XXXX: From the effective date of
this Agreement until the date of issuance of the last of any
authorizations required by federal, state or local laws prior to
commencement of construction of Unit 3, including without limitation
any authorizations for construction of any water or Effluent facility
to construct, operate and maintain such unit, but in no event later
than December 31, 1995.
5.28 XXXX 0 XXXXXX - XXXXXXX XXXX: From the effective date of
this Agreement until the date of issuance of the last of any
authorizations required by federal, state or local laws prior to
commencement of construction of Unit 4, including without limitation
any authorizations for construction of any water or Eff1uent facility
required to construct, operate and maintain such unit, but in no event
later than December 31, 1995.
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5.29 XXXX 0 XXXXXX - XXXXXXXX XXXX: From the date of
expiration of the Unit 1 Option - Initial Term to December 31, 2000.
5.30 XXXX 0 XXXXXX - XXXXXXXX XXXX: From the date of
expiration of the Unit 2 Option - Initial Term to December 31, 2000.
5.31 XXXX 0 XXXXXX - XXXXXXXX XXXX: From the date of
expiration of the Unit 3 Option - Initial Term to December 31, 2000.
5.32 XXXX 0 XXXXXX - XXXXXXXX XXXX: From the date of
expiration of the Unit 4 Option - Initial Term to December 31, 2000.
5.33 XXXX 0 WATER REQUIREMENTS: The annual water requirements
of Unit 1 which shall be deemed to be 35,000 acre-feet, provided that
the Xxxx 0 Project Manager may establish a lesser amount for all
purposes hereof by delivery to Phoenix of a written notice stating the
revised water requirements for such unit not later than the expiration
of the Xxxx 0 Xxxxxx - Xxxxxxxx Xxxx.
5.34 XXXX 0 WATER REQUIREMENTS: The annual water requirements
of Unit 2 which shall be deemed to be 35,000 acre-fact, provided that
the Unit 2 Project Manager may establish a lesser amount for all
purposes hereof by delivery to Phoenix of a written notice stating the
revised water requirements for such unit not later than the expiration
of the Xxxx 0 Xxxxxx - Xxxxxxxx Xxxx.
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5.35 UNIT 3 WATER REQUIREMENTS: The annual water requirements
of Unit 3 which shall be deemed to be 3S,O00 acre-feet, provided that
the Xxxx 0 Project Manager may establish a lesser amount for all
purposes hereof by. delivery to Phoenix of a written notice stating the
revised water requirements for such unit not later than the expiration
of the Xxxx 0 Xxxxxx - Xxxxxxxx Xxxx.
5.36 XXXX 0 WATER REQUIREMENTS: The annual water requirements
of Unit 4 which shall be deemed to be 35,000 acre-feet, provided that
the Xxxx 0 Project Manager may establish a lesser amount for all
purposes hereof by delivery to Phoenix of a written notice stating the
revised water requirements for such unit not later than the expiration
of the Unit 4 option - Extended Term.
5.37 23RD AVENUE PLANT: Phoenix's waste water processing plant
located at 23rd Avenue and the Salt River, including all land and land
rights that are a part thereof, all as more particularly shown on
Exhibit B, and any' future land acquisitions thereto.
5.38 00XX XXXXXX XXXXX: Cities.' waste water processing plant
located at 91st Avenue and the Salt River, including all land and land
rights that are a part thereof, all more particularly shown on Exhibit
C, and any future land acquisitions thereto.
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5.39 23RD AVENUE DELIVERY POINT: The location on or adjacent
to the 23rd Avenue Plant site where the Participants take delivery of
Effluent.
5.40 00XX XXXXXX XXXXXXXX XXXXX: The location on or adjacent
to the 91st Avenue Plant site where the Participants take delivery of
Effluent.
6. OPTION FOR EFFLUENT:
6.1 The Cities hereby convey and grant to the Participants the
Xxxx 0 Xxxxxx, Xxxx 0 Xxxxxx, Xxxx 0 Option and Unit 4 Option for the
purchase, transfer, delivery and right to use a portion. of the
Uncommitted Effluent in the amount of the Xxxx 0 Xxxxx Xxxxxxxxxxxx,
Xxxx 0 Water Requirements, Unit 3 Water Requirements and Unit 4 Water
Requirements, respectively.
6.2 The Participants may exercise all or a portion of the Xxxx
0 Option, the Xxxx 0 Option, the Unit 3 Option and the Xxxx 0 Option,
on or before the expiration of the Unit 1 Option - Extended Term, the
Unit 2 Option - Extended Term, the Unit 3 Option - Extended Term and
the Unit 4 Option - Extended term, respectively, by delivery of written
notice to Phoenix of such exercise 12 months in advance of the
effective date of such exercise, but in no event later than December
31, 2000.
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6.3 In the event the Initial Term Option, Xxxx 0 Xxxxxx, Xxxx
0 Option or of the Xxxx 0 Xxxx 0 Option has expired and construction
has not started by December 31, 1995, on the respective ANPP Unit, then
the option for such unit shall expire and the Cities shall be under no
obligation to sell or transfer any amount of Effluent covered by such
unit to Participants.
6.4 The Participants may by written notice to Phoenix release,
remise and surrender all or any portion of the Xxxx 0 Xxxxxx, Xxxx 0
Xxxxxx, Xxxx 0 Option or Unit 4 Option or may transfer all or any
portion of any of said options for use in connection with the
construction, operation and maintenance of any other electric
generating units wherever located. In the event of the transfer of any
of said options or any portion thereof for use at any other electric
generating units, the terms of the original option, including without
limitation the Initial and Extended Term thereof, the option payments,
exercise of the option delivery and acceptance of Option Effluent and
payments therefor, shall apply in respect of the transferred option.
The release, remise and surrender of any such Options or portions
thereof not so transferred shall be effective upon receipt of such
notice by Phoenix, and from and after such date neither the Cities nor
the Participants shall have any rights, duties, powers, privileges or
obligations hereunder with regard to the Option Effluent released
pursuant to this Section 6.4.
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6.5 From the effective date of this Agreement and until the
exercise of, release of or expiration of the Unit 1 Option - Initial
Term, the Unit 2 Option - Initial Term, the Unit 3 Option - Initial
Term and the Unit 4 Option - Initial Term, respectively, the
Participants shall pay to Phoenix for the use and benefit of the
Cities, as their respective interests may appear from time to time,
annually in advance the amount equal of $1.00 times the number of
acre-feet of Option Effluent actually available during the year
preceding the date of payment, but not to exceed the sum of the Xxxx 0
Xxxxx Xxxxxxxxxxxx, Xxxx 0 Water Requirements, Unit 3 Water
Requirements and Unit 4 Water Requirements.
6.6 In the event the Participants do not exercise, transfer or
release the Xxxx 0 Xxxxxx, Xxxx 0 Xxxxxx, Xxxx 0 Option and Unit 4
Option, in each case, during the Initial Term thereof, from the
beginning of the Extended Term until the exercise, transfer, or release
or termination of the Term of, the Unit 1 Option Extended Term, the
Unit 2 Option - Extended Term, the Xxxx 0 Option Extended Term, and
the. Unit 4 Option - Extended Term, the Participants shall pay to
Phoenix for the use and benefit of the Cities, as their respective
interests may appear from time to time, annually in advance the amount
equal to $2.00 tines tile number of acre-feet of the Option Effluent
actually available in the year preceding the date of payment, but not
to exceed the sum of the applicable Xxxx 0 Xxxxx Xxxxxxxxxxxx, Xxxx 0
Water Requirements, Unit 3 Water Requirements and Xxxx 0 Xxxxx
Xxxxxxxxxxxx.
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6.7 Any payments to be made by the Participants to Phoenix
pursuant to Sections 6.5 and 6.6 hereof shall be due and payable on the
effective date of this Agreement and each succeeding anniversary
thereof, provided, h9wever, that the final payment due on account of
Xxxx 0 Xxxxxx, Xxxx 0 Xxxxxx, Xxxx 0 Option and Unit 4 Option, in each
case, shall be prorated and Phoenix acting on its own behalf and as
agent for the other Cities shall reimburse or credit the Participants
as follows:
R = OP x X x OAU
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365 OA
Where R is Reimbursement or credit;
OP is the Option Payment made pursuant to Section 6.5 or 6.6,
whichever is applicable; X is 365 minus the number of days which have
elapsed since the preceding payment to the date on which Xxxx 0
Xxxxxx, Xxxx 0 Xxxxxx, Xxxx 0 Option and Xxxx 0 Option, in each case,
has been exercised or released and terminated pursuant to this
Agreement; OA is the amount of the Xxxx 0 Option, the Xxxx 0 Option,
the Unit 3 Option or the Xxxx 0 Option, as the case may be; and OAU is
the amount of the Xxxx 0 Option, the Xxxx 0 Option, the Unit 3 Option
or the Xxxx 0 Option as the case may be, actually used in the year in
which payments therefor pursuant to Section 8 hereof first become due.
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6.8 All payments made by the Participants to Phoenix pursuant
to Sections 6.S and 6.6 hereof shall be credited by Phoenix against
amounts due from the Participants pursuant to Section 8 hereof. For
purposes of applying such credit, Phoenix shall record separately the
amounts paid on account of the Xxxx 0 Xxxxxx, Xxxx 0.Xxxxxx, Xxxx 0
Option and Unit 4 Option. In the event the Xxxx 0 Xxxxxx, Xxxx 0
Xxxxxx, Xxxx 0 Option, or Xxxx 0 Option, in whole or in part, is
released and terminated or any portion of any such Option is not used
pursuant to Section 6.4 hereof there shall be no credit due the
Participants on account of the payments applicable thereto.
6.9 It shall be presumed that Option Effluent actually
available from the 91st Avenue Plant shall be deemed to be fully
committed to the Participants hereunder prior to the commitment of any
Effluent from the 23rd Avenue Plant.
6.10 It is understood that the volumes of Uncommitted Effluent
available and the volumes of Effluent required for electric electric
generation are estimates and that the actual needs in future years
could be less, but the construction of generating units is intended to
parallel the needs for power and availability of Uncommitted Effluent.
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7. SALE OF EFFLUENT; QUALITY OF EFFLUENT; PROCESSING SERVICE:
7.1 When the Participants desire to exercise all or any
portion of the Xxxx 0 Xxxxxx, Xxxx 0 Xxxxxx, Xxxx 0 Option or Unit 4
Option, in each or any case pursuant to Section 6.2 hereof, the
Participants shall promptly execute and deliver to Phoenix one or more
completed instruments in the form of Exhibit D, which shall be
effective as of the effective date provided in such instrument,
providing for the sale, transfer, delivery and right to use Effluent in
the amounts of the Xxxx 0 Xxxxx Xxxxxxxxxxxx, Xxxx 0 Water
Requirements, Unit 3 Water Requirements or Unit 4 Water Requirements or
so much thereof as the Participants have exorcised their option
therefor. The source and quality of Effluent to be transferred from and
processed in the 23rd Avenue Plant and to be transferred from and
processed in the 91st Avenue Plant shall be as shown on Exhibit B In
the event that the Participants' water requirements are less than the
amounts indicated in the Options, in each and any case, and the
Participants exercise such Options, in each and any case, in amounts
less than the amounts indicated in the Options, then the balance of the
Effluent in the amount for which the Option is not exercised, in each
aria any case, shall become Uncommitted Effluent, not under Option, and
available to be used at the Cities' sole discretion.
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7.2 Following any execution of an instrument pursuant to
Section 7 hereof and during the term thereof as set forth in Section
7.S hereof, Phoenix shall collect waste-water, process the same and
deliver Effluent of the quality shown on Exhibit E to either or both
the 23rd Avenue Plant Delivery Point and the 91st Avenue Plant Delivery
Point as the Participants may from time to time designate and in the
amounts as the Participants have exercised their Option thereof;
provided that such amounts are available at the designated delivery
point; and provided, however, that the Participants shall not be
obligated to accept delivery of Effluent which does not meet the
quality set forth in Exhibit E.
7.3 Phoenix on behalf of itself and the other Cities covenants
and agrees that it will operate, maintain, repair and replace the 23rd
Avenue Plant and 91st Avenue Plant in at least substantially the same
condition as they exist upon the date of the execution of this
Agreement, ordinary wear and tear excepted and shall enlarge the
capacity of the 91st Avenue Plant as required from tune to time to
treat increased quantities of wastewater delivered to the plant in a
manner and on a schedule such that the annual average DOD of the
Effluent from said plant shall not exceed 30 mg/l due to increased
flows through said Plant. Phoenix may make alterations in,
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modifications to, replacements , betterments and improve ments of and
to the 23rd Avenue Plant and the 91st Avenue Plant; provided, however,
that the Cities shall at all times carry out their obligations pursuant
to Section 7.2 hereof. The Cities further covenant and agree that they
will not install, operate and maintain any new sewage treatment plant
at any other location if the installation, operation and maintenance of
such new plant would impair the ability of the Cities to transfer and
deliver Effluent pursuant to this Agreement. In this connection,
however, it is recognized that the long-range Master Plan for the
collection and treatment of wastewater from the urban development in
the metropolitan. area extends into drainage basins not normally
tributary to the 23rd Avenue or the 91st Avenue Wastewater Treatment
Plants. New treatment facilities for the Gila and lower Litchfield
tributary basins are envisioned, as generally described in the
"Wastewater Report for the Valley Metropolitan Area of Phoenix,
Arizona" by Xxxx Xxxxxxx Engineers, dated December, 1968. Nothing
herein is intended to impair the implementation of the Master Plan nor
to grant Participants any rights or interests in wastewater collected
in the Gila and lower Litchfield tributary basins, and treated at such
envisioned new facilities. Prior to the beginning of each calendar
year, the Participants shall submit to the W&S Director in writing, the
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estimates of water requirements (including Construction Water) on a
daily basis or by month for the ensuing calendar year. Such estimates
will be used by the W &S Director as an operational guide and for
planning purposes. It is understood that Water Requirements cited in
Section S of this Agreement are annual quantities only. Nothing herein
shall obligate Phoenix to operate the wastewater treatment plants in
such a manner as to process Effluent in uniformly equal daily or
monthly quantities, it being understood that the proper operation of
the plants is dependent upon the operation of other related wastewater
disposal facilities and the amount of non-consumptive use of
water-producing raw wastewater discharged into the sanitary sewer
system. Like wise, it is understood that the maximum amount of Effluent
available for the Participants' use is restricted to the amount of
Uncommitted Effluent which has been processed at the treatment plants.
The Participant's Facilities located at the 23rd Avenue and 91st Avenue
Delivery Points shall include metering devices, approved by the W & S
Director and the Operating Agent's Engineer, which shall be the basis
for determining the amount of Effluent sold.
7.4 Prior to the effective date of the exercise of any option
pursuant to Section 6.2 the W & S Director and the Operating Agent's
Engineer shall agree upon written practices and procedures relating to
processing and delivery of Effluent pursuant to this Section 7, and its
receipt, storage and transportation by the Participants during
Operating Emergencies and Scheduled Outages.
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7.5 The transfer, sale and delivery of Effluent by the City
to the Participants in amounts equal to the Xxxx 0 Xxxxx Xxxxxxxxxxxx,
Xxxx 0 Water Requirements, Unit 3. Water Requirements and Unit 4 Water
Requirements; shall in each case terminate and expire on the Xxxx 0
Xxxxxxxx Xxxx, Xxxx 0 Shutdown Date, Unit 3 Shutdown Date and Unit 4
Shutdown Date, respectively. On such dates the amount of the sale and
purchase of Effluent related to each ANPP Unit shall terminate, without
further act of the Participants. The Participants agree to provide
Phoenix with at least 24 months' notice of intent of any Shutdown Date.
7.6 Nothing herein shall be construed to constitute a
waiver, relinquishment, abandonment or forfeiture of any appropriative
water rights of any of the Cities or any other party hereto.
8. PAYMENT FOR DELIVERY OF EFFLUENT:
8.1 In consideration of the transfer, sale and delivery of
Effluent made by the Cities and the services to be performed by them
pursuant to Section 7 hereof; the Participants shall make payments to
Phoenix in the manner and as determined pursuant to this Section 8.
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8.2 ANPP, through its Participants, shall pay for all Effluent
delivered hereunder which meets the quality set forth in Exhibit E,
whether the Effluent be used for Construction Water, operating needs or
other uses, a price per acre-foot equal to Forty percent (40%) of the
then-current price charged per acre-foot for Central Arizona Project
Municipal and Industrial Water, but in no event less than Twenty
Dollars ($20.00) per acre-foot nor more than Thirty Dollars ($30.00).
In the event that Effluent is delivered under the terms of this
Agreement in the absence of a currently effective price for Central
Arizona Project Municipal and Industrial Water, the price of the
Effluent for a period of Twenty (20) years from the effective date of
this Agreement shall be Twenty Dollars ($20.00) per acre-foot, and
Twenty-Five Dollars $25.00 per acre-foot thereafter until the
expiration of this Agreement.
8.3 The price per acre-foot determined in accordance with
Section 8.2 above, shall be paid for each acre-foot of Effluent, which
meets the quality set forth on Exhibit E, that is actually delivered in
any month during the term of this Agreement as measured by the metering
devices provided at the 23rd Avenue and 91st Avenue Delivery Points
pursuant to Section 7.3 hereof.
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8.4 In the event the amount of Effluent delivered in any year
hereunder is less than the amount of Effluent the Cities could be
required to deliver in such year under Section 7, then the Participants
shall pay, in addition to the payment required under Section 8.2
hereof, an amount equal to Two Dollars ($2.00) per acre-foot times tile
amount in acre-feet of the difference between (i) the amount of
Effluent the Cities are required to deliver under Section 7 (excluding
any amount thereof which may be rejected by the Participants as not
meeting the quality set forth in Exhibit E) and (ii) the amount of
Effluent actually delivered hereunder.
8.5 The payments to be made by the Participants under this
Section 8 shall be computed and billed monthly in accordance with
Section 8.3 hereof by Phoenix. Within ten (10) days of receipt the
Participants shall pay such xxxxxxxx to Phoenix for the use and benefit
of the Cities as their respective interests may appear from time to
time. Any applicable credit determined pursuant to Section 6.8 hereof
shall be used to reduce the first and succeeding monthly payments due
hereunder until such credit is fully used. In no event shall such
reduction in monthly payments be applied in a manner such that the
total of all payments made in any current calendar year pursuant to
Sections 6 and 8 hereof shall not be reduced to an amount less than an
amount equal to (I) the total of all payments made tinder this
Agreement in the preceding calendar year less (ii) any reduction in
payments due under this Agreement during said current calendar year
because of the release, termination or expiration by the Participants
0r their rights to receive Effluent hereunder.
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9. DELIVERY OF CONSTRUCTION WATER; PARTICIPANTS' FACILITIES:
9.1 Whether or not the Xxxx 0 Xxxxxx, Xxxx 0 Xxxxxx, Xxxx 0
Option and Unit 4 Option has been exercised pursuant to Section 7
hereof, the Project Manager's Engineer by written notice to the W & S
Director may schedule Construction Water for delivery at either the
23rd Avenue Delivery Point or the 91st Avenue Delivery Point, provided
that such volumes are available at the designated delivery point. The
Cities shall make available the Construction Water in accord with such
schedule and it shall meet the quality specified in Exhibit E. The
Participants shall pay for all Effluent delivered in accordance with
this Section 9.1 at the price determined in accordance with Section 8
hereof.
9.2 It is recognized that the scope, location and design of
Participants' Facilities shall not occur for some time following the
execution of this Agreement. It shall be a responsibility 0(pound) the
W & S Director and the Project Manager's Engineer to coordinate the
location, design, operation and maintenance of the Participants'
Facilities as may be located on the treatment plant sites.
10. OTHER USES OP EFFLUENT SUBORDINATED:
10.1 Any use of Option Effluent by the Cities or any of them
and by others claiming by, through or under the Cities or any of them
shall be subordinated to the rights of the Participants pursuant to
this Agreement.
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10.2 The Cities or any of them shall include in any instrument
or document to which the are or it is a party that relates to the use
of Option Effluent a provision stating that any sales, grants to or any
rights and interests of the other party or parties thereto, are
subordinate to the rights and interests of the Participants pursuant to
this Agreement and that the Participants shall have the first right and
call on all Effluent pursuant to the Options cited in this Agreement.
11. OPERATION AND MAINTENANCE - RIGHTS OF WAY:
11.1 The Cities at their expense shall operate, maintain,
repair and replace the 91st Avenue Plant and Phoenix at its expense
shall operate, maintain, repair and replace the 23rd Avenue Plant.
11.2 The Participants at their expense shall operate,
maintain, repair and replace the Participants' Facilities. Phoenix and
the Project Manager or Operating Agent may agree by separate agreement
that Phoenix shall operate and maintain certain of Participants'
Facilities or engage in other activities for the Participants and shall
be compensated therefore.
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11.3 The Cities without cost to the Participants shall grant
leases, or right1/2:-of-way and easements, to the Participants for all
Participants' Facilities as may be located at the 23rd Avenue Plant and
the 91st Avenue Plant and on, in, under and over any other property
owned by the Cities or any of them or in which they or any of them have
the power to grant rights therein for any public use. It shall be a
responsibility. of the W & S Director and the Project Manager's
Engineer to agree upon the description of such rights-of-way and
easements.
11.4 It shall be the responsibility of the W & S Director
and the Project Manager's Engineer or Operating Agent's Engineer to
develop practices and procedures for the operation and maintenance of
the 23rd Avenue Plant, the 91st Avenue Plant and the Participants'
Facilities insofar as they relate to and affect the duties and
obligations of the Cities and the Participants to deliver and to
receive Effluent, without undue interference with the normal operation
and maintenance of the wastewater treatment plants.
12. TRANSFER AND ASSIGNMENT:
12.1 The Cities and the Participants shall have the right at
any time and from time to time to mortgage, create or provide for a
security interest in or convey in trust all or part of their respective
interests in this Agreement and in any property installed or maintained
subject to this Agreement including without limitation Participants'
Facilities, to a trustee or trustees under deeds, mortgages or
indentures or to a secured party or parties under a security agreement
as security for its present or future successors or assigns thereof,
without need for the prior written consent of any other party or
Participant and without such mortgagee, trustee or secured party
assuming or becoming in any respect obligated to perform any
obligations under this Agreement.
-24-
12.2 Any mortgagee, trustee or secured party under present or
future deeds of trust, mortgages, indentures or security agreements of
any City or Participant and any successor or assign thereof, and any
receiver, referee or trustee in bankruptcy or reorganization of any
City or Participant, and any successor by action of law or otherwise,
and any purchaser, transferee or assignee of any thereof may, without
need for the prior written consent of any other City or Participant,
succeed to and acquire all the rights, titles and interests of such
City or Participant in this Agreement and in any property installed or
maintained subject to this Agreement and may take over possession of or
foreclose upon said rights, titles and interests of such City or
Participant.
12.3 Each Participant shall have the right to transfer and
assign all or part of its interest in this Agreement to any other
Participant without the prior written consent of the Cities or any
other Participant. Upon any such transfer, the Participant acquiring
such interest shall assume all the duties and obligations related
thereto and, with the written consent of the Cities which shall not be
unreasonably withheld, the Participant transferring such interest shall
be released and discharged therefrom.
-25-
12.4 Except as otherwise provided in Sections 12.1, 12.2 and
12.3 hereof, any successor to the rights, titles and interests of a
City or Participant shall assume and agree to fully perform and
discharge all of the obligations hereunder of such City or Participant,
and such successor shall notify each of the other Cities and
Participants in writing of such transfer, assignment or merger, and
shall furnish to each City and Participant evidence of such transfer,
assignment or merger.
12.5 Except as provided in Section 12.1, 12.2 and 12.3 hereof,
neither the Cities nor the Participants shall transfer or assign any of
their respective rights, titles and interest in and to this Agreement
without the prior written consent of any other party and Participants.
12.6 Effluent made available under this Agreement, shall in no
event be directly or indirectly utilized other than for the purposes
stated in this Agreement without the prior written consent of the
Cities.
\
-26-
13. ENFORCEMENT OF LAWS AND CONTRACTS; IMPROVEMENT AND ADDITIONS:
13.1 The Cities shall enforce all valid laws, ordinances,
rules and regulations regarding discharges into their respective
wastewater collection systems which are tributary to the 00xx Xxxxxx
Plant and the 91st Avenue Plant. The Cities shall also enforce all
contracts heretofore or hereafter entered into with others relating to
connection with said collection Systems and discharge of waste therein,
and the Cities agree that they will not hereafter modify any such
contracts nor enter into any other contracts relating to connection
with the said collection systems and discharge of waste therein, sewage
treatment or disposal of Effluent, which shall impair the Cities'
ability to transfer and deliver the quantity and quality of Effluent in
accordance with the terms of this Agreement. Control of connections to
and discharges into said collection systems shall be established and
maintained in a manner that the quality of Effluent can be maintained
in accord with the standards set forth in Exhibit E. If in the exercise
of due diligence by enforcing its valid laws ordinances, rules and
regulations regarding discharges and contracts heretofore or hereafter
entered into, the Cities are unable to prevent any third party from
discharging wastes into their respective collection systems of a
quality which shall result in the delivery of Effluent from the 23rd
-27-
Avenue Plant or the 91st Avenue Plant that does not meet the quality
specifications set forth in Exhibit E, then Phoenix in respect of the
23rd Avenue Plant and the Cities in respect of the 91st Avenue Plant
shall, at its or their expense as the case may be, make all
improvements modifications and additions to the 23rd Avenue Plant or
91st Avenue Plant which may be required for the Effluent to satisfy
such specifications insofar as they relate to the Rules and Regulations
for Effluent quality of the Arizona State Department of Health and the
United States Environmental Protection Agency. In the event Phoenix or
the Cities shall fail, refuse, or be unable to make required
improvements, modifications and additions, the Participants shall have
the right with the concurrence of the Cities, which shall not
unreasonably be withheld, to install any facilities on Participants'
property necessary to provide the treatment of Effluent required to
meet such quality specifications and payments required to be made by
Participants pursuant to Section 8 hereof shall be reduced by the
amount of all costs reasonably incurred by Participants to install
operate and maintain such facilities, including reasonable fixed
charges and operating and maintenance expenses.
14. COMPLIANCE WITH HEALTH LAWS: Participants shall obtain necessary
permits for the use of Effluent for their intended purposes front the
Arizona State Department of Health, and shall use such Effluent in
-28-
accordance with the applicable laws of the United States of America,
the State of Arizona, the Rules and Regulations of the State Health
Department and of the Maricopa County Health Department, and the
ordinances of any of the Cities having lawful jurisdiction to regulate
such use; provided, however, that in the event any such laws or
regulations shall be amended in the future so as to make it impossible
or unfeasible to use Effluent for the purposes specified in this
Agreement, Participants shall, at their option, have the right to
cancel and terminate this Agreement upon giving thirty (30) days'
notice in writing to each of the Cities.
15. INDEMNIFICATION: Participants hereby indemnify the Cities against any
claim resulting from the control, transmission, use or disposal of
Effluent by Participants after delivery thereof.
16. DESTRUCTION, DAMAGE OR CONDEMNATION:
16.1 If all, or any part, of the 23rd Avenue Plant or the 91st
Avenue Plant should be destroyed, damaged or condemned, Phoenix or the
Cities as the case may be shall restore or reconstruct the 23rd Avenue
Plant or the 91st Avenue Plant in such a manner as to permit the Cities
to deliver Effluent to the Participants pursuant to this Agreement, or
in the event substitute wastewater treatment facilities arc constructed
at a new location other than the 23rd Avenue or 91st Avenue Plants in
lieu of restoration or reconstruction of either such plant, the Cities
shall transfer, sell and deliver the same rights to the treated
wastewater from such substitute facilities on the same terms and
conditions as apply to Uncommitted Effluent from the destroyed, damaged
or condemned plant.
-29-
16.2 If all or a portion of the Participant's Facilities are
destroyed or condemned, the Participants shall repair, restore or
reconstruct the Participants' Facilities in a manner to permit the
Participants to receive and transport Effluent pursuant to this
Agreement.
17. TAXES:
17.1 If any general and/or special city, county, state or
other real property taxes, or any other type of taxes and imposts, are
assessed or levied against the 00xx Xxxxxx Plant and the 91st Avenue
Plant, Phoenix or the Cities as the case may be shall pay all such
taxes prior to delinquency. In the event the State of Arizona, County
of Maricopa or the federal government should require that the Cities
pay a tax resulting from the sale of Effluent to the Participants, then
the price for the Effluent shall be increased by the amount of such
tax.
17.2 If any general and/or special city, county, state or
other real property taxes, or any other typical taxes or imposts are
properly assessed or levied against the Participants' Facilities, the
Participants shall pay all such taxes prior to delinquency. In the
event the
-30-
Cities or any of them should require that Participants pay a tax
resulting from the sale of Effluent by the Cities, then the price of
Effluent shall be decreased by the amount of such tax.
17.3 Nothing contained in this Section 17 shall be
construed as a recognition or admission by the Cities or the
Participants of the validity of any such tax, levy or assessment.
18. LIENS:
18.1 Phoenix shall keep the 23rd Avenue Plant and the Cities
shall keep the 91st Avenue Plant free and clear of all liens arising
out of or claimed by reason of any work performed, material furnished
or obligations incurred by or at the instance of Phoenix or the Cities,
and Phoenix and the Cities as the case may be shall indemnify and save
the Participants harmless from all such items or claims of lien and all
attorneys' fees and other costs and expenses incurred by reason
thereof, provided, however, that neither Phoenix nor the Cities shall
be required to pay or discharge any such lien so long as it shall be
contesting the same in any proceeding which while pending prevents the
collection or enforcement of the lien so contested.
-31-
18.2 The Participants shall keep the Participants' Facilities
free and clear of all liens arising out of or claimed by reason of any
work performed, material furnished or obligations incurred by or at the
instance of the Participants, and shall indemnify and save the Cities
harmless from all such liens or claims of lien and all attorneys' fees
and other costs and expenses incurred by reason thereof, provided,
however, that the Participants shall not be required to pay or
discharge any such lien so long as they shall be contesting the same in
any proceeding which while pending prevents the collection or
enforcement of the lien so contested.
19. LIABILITY AND INSURANCE
19.1 Except for the negligence of the Participants, their
officers, directors, employees and agents, Phoenix and the Cities,
respectively, shall be liable insofar as the Participants are
concerned, for any physical damage to property and death of, and
personal injury to, anyone arising out of the ownership, use,
occupancy, operation, maintenance, repair, replacement and
reconstruction of the 23rd Avenue Plant and the 91st Avenue Plant, and
Phoenix and the Cities, respectively, hereby indemnify and hold the
Participants harmless from any cost, expense, claim or loss from such
damage or injury.
19.2 Except for the negligence of the Cities,. its officers,
managers employees or agents, the Participants shall be liable insofar
as the Cities are concerned for any physical damage to property and
death of, and personal injury to, anyone arising out of Participants'
owner-ship, use, occupancy, operation, maintenance, repair, replacement
and reconstruction of the Participants' Facilities, and the
Participants hereby indemnify and hold the Cities harmless from any
cost; expense, claim or loss from such damage or injury.
-32-
19.3 The Cities and the Participants shall procure and
maintain insurance against physical damage to property and death of,
and personal injury to, persons of the kind and with coverages normally
carried by entities operating properties similar to the 23rd Avenue
Plant, the 91st Avenue Plant and the Participants' Facilities. Nothing
contained herein shall prohibit the Cities and the Participants from
adopting a self-insurance program of a type and kind being utilized by
entities operating properties similar to the 23rd Avenue Plant, the
91st Avenue Plant and the Participants' Facilities. Upon request, the
Cities and the Participants shall furnish the others with certificates
of insurance demonstrating compliance with this Sec-19.3.
20. COOPERATION OF PARTIES:
20.1 Each of the Cities and the Participants shall fully
cooperate with and assist one another in obtaining all licenses,
permits, authorizations, approvals and consents and all judicial and
administrative proceedings required in or related to the performance of
this Agreement, including, but not limited to, the delivery and
-33-
use of Effluent to and by the Participants, approval of plant site
location by the State of Arizona pursuant to ARS SS 40-360.01 to
40-360.12, and construction and operating permits from the USAEC.
20.2 Each of the Cities and the Participants shall make,
execute and deliver all documents and instruments necessary or useful
to the implementation and performance of this Agreement.
20.3 In the event any proceeding at law or equity is
instituted involving the authority and power of any of the Cities
and/or the Participants to make, execute and deliver this Agreement
and/or to perform its terms, covenants and conditions, or related to
the rights, title and interest of any of the Cities or the Participants
in and to Effluent, then such City and the Participants shall jointly
and cooperatively defend the validity of this Agreement and the use of
Effluent intended thereunder.
21. INTERRUPTION OF DELIVERY OF EFFLUENT:
21.1 Cities shall have the right to refuse to deliver
Effluent under the terms of this Agreement when the following occurs:
(a) There exists in the Cities a critical need for water
to be used for domestic purposes;
(b) All other reasonable sources of water, including any
Uncommitted Effluent in excess of the Option Effluent, have
been exhausted;
-34-
(c) Reasonable steps have been taken to conserve the
water supply in the Cities ; and
(d) Reasonable notice of the critical need has been given
to Participants.
When the critical need expires, or when other reasonable sources of
water become available, Cities can no longer refuse to deliver
Effluent under the terms of this Agreement. The Cities shall use their
best efforts to resume deliveries of Effluent hereunder at the
earliest practical time in the event such deliveries are interrupted
in accordance with this Section 2l.
22. SUCCESSORS AND ASSIGNS:
22.1 The terms, covenants and conditions of this Agreement
shall be binding upon and inure to the benefit of and shall apply to
the respective transferees, successors and assigns of the Cities and
Participants.
23. DEFAULTS:
23.1 The Cities and Participants hereto agree that they,
respectively, shall pay all monies and carry out all other
performances, duties and obligations agreed to be paid and/or performed
by them pursuant to all of the terms and conditions set forth and
contained in this Agreement, and a default by either the Cities or
Participants in the covenants and obligations to be them, respectively,
kept and performed pursuant to the terms and conditions set forth and
contained in this Agreement shall be an actof default under this
Agreement.
-35-
23.2 In the event of a default by either the Cities or the
Participants in any of the terms and conditions of this. Agreement,
then, within thirty (30) days following the giving of written notice of
such default by the other, the defaulting party shall remedy such
default either by advancing the necessary funds and/or rendering the
necessary performance. Such notice shall specify the existence and
nature of such default.
23.3 In the event that either the Cities or the Participants
shall dispute an asserted default, then such party shall pay the
disputed payment or perform the disputed obligation, but may do so
under protest. The protest shall be in writing, shall accompany the
disputed payment or precede the performance of the disputed obligation,
and shall specify the reasons upon which the protest is based. Payments
not made under protest shall be deemed to be correct.
23.4 In the event a default by the Cities or the Participants
in the payment or performance of any obligation under this Agreement
shall continue for a period of two months or more without having been
cured by the defaulting party, or without such party having commenced
or continued action in good faith to cure such default, or in the event
the question of whether an act of default exists is the subject of
-36-
litigation and such default continues for a period of two months
following a final determination by a Court of competent jurisdiction
that an act of default exists and the defaulting party has failed to
cure such default or to commence such action during said two month
period, then, at any time thereafter and while said default is
continuing, the non-defaulting party at its option may, by written
notice to the other, terminate this Agreement.
23.5 If this Agreement is terminated for any reason, the
Cities shall have the immediate right of re-entry of any easement or
leasehold granted to the Participants pursuant to Section 11.3 hereof.
The Participants shall within 180 days or such other time as the
parties agree remove all facilities owned by the Participants located
on property owned by the Cities or any of them. All facilities not
removed from such property within 180 days or such other time as the
parties agree after the termination of this Agreement shall become the
property of the owner of such property.
24. PERFORMANCE AND UNCONTROLLABLE FORCES:
24.1 All terms, covenants and conditions herein contained to
be performed by the Cities or any of them or by the Participants shall
be performed at the sole expense of the party SQ obligated, and if the
other party shall pay any sum of money or do any act which requires the
payment of money, by reason of the failure, neglect or refusal of the
obligated party to perform such term, covenant or condition, the sum of
money so paid by the other party shall immediately be payable to such
party by the party obligated to perform.
-37-
24.2 Neither the Cities nor the Participants hereto shall be
considered to be in default in the performance of any of the
obligations hereunder (other than obligations of either party to pay
casts and expenses) if failure of performance shall be due to an
uncontrollable force. The term 1'uncontrollable force" shall mean any
cause beyond the control of the party affected, including but not
limited to failure of facilities, flood, earthquake, tornado, storm,
fire, lightning, epidemic, war, riot, civil disturbance or
disobedience, labor dispute, and action or nonaction by or failure to
obtain the necessary authorizations or approvals from any governmental
agency or authority or the electorate, labor or material shortage,
sabotage and restraint by Court order or public authority, which by
exercise of due diligence and fore-sight such party could not
reasonably have been expected to avoid and which by exercise of due
diligence it shall be unable to overcome Nothing contained herein shall
be construed so as to require either party to settle any strike or
labor dispute in which it may be involved. Either party rendered unable
to fulfill any obligation by reason of an uncontrollable force shall
exercise due diligence to remove such inability with all reasonable
dispatch.
-38-
25. NOTICES AND EXHIBITS:
25.1 All notices, demands or consents given or made pursuant
to this Agreement shall be in writing unless otherwise specified herein
and be deemed to have been fully given, made or sent when made and
deposited in the United States mail by registered or certified mail and
postage prepaid and addressed as follows:
To City of Phoenix: City Manager
City of Phoenix
Municipal Building
000 Xxxx Xxxxxxxxxx
Xxxxxxx, Xxxxxxx 00000
To City of Glendale: City Manager
City of Glendale
0000 Xxxxx 00xx Xxxxx
Xxxxxxxx, Xxxxxxx 00000
To City of Mesa: City Manager
City of Mesa
00 Xxxxx Xxxxxx
Xxxx, Xxxxxxx 00000
To City of Scottsdale: City Manager
City of Scottsdale
0000 Xxxxx Xxxxxx Xxxxx
Xxxxxxxxxx, Xxxxxxx 00000
To City of Tempe: City Manager
City of Tempe
00 Xxxx Xxxxxxxx Xxxxxx
Xxxxx, Xxxxxxx 00000
To Town of Youngtown: Mayor
Town of Youngtown
12030 Clubhouse Square .
Xxxxxxxxx, Xxxxxxx 00000
To Participants: Arizona Public Service Co.
C/C Secretary
P. 0. Xxx 00000
Xxxxxxx, Xxxxxxx 00000
-39-
Salt River Project Agri-
cultural Improvement and
Power District
c/o Secretary
P. 0. Box 1980
Xxxxxxx, Xxxxxxx 00000
The address to which any notice, demand, consent, or other writing may
be given, made or sent to either party may be changed by notice given
by such party as above provided. Routine notices and communications
shall be sent as provided herein or as directed by the City Manager of
Phoenix and the Project Manager's Engineer and Operating Agent's
Engineer.
25.2 The Exhibits referred to in this Agreement as Exhibits
A, B, C, D and B shall be attached hereto and are all incorporated
herein and made a part hereof.
26. WAIVER:
26.1 The waiver by either the Cities or the Participants of
any breach of any term, covenant or condition herein contained shall
not be deemed a waiver of such term, covenant or condition or any
subsequent breach of the same or any other term, covenant or condition
herein contained.
27. SECTION HEADINGS:
27.1 Section headings in this Agreement are for convenience
only and do not purport accurately or completely to describe the
contents of any section. Such headings are not to be construed as a
part of this Agreement or in any way defining, limiting or amplifying
the provisions hereof.
-40-
IN WITNESS WHEREOF, the parties hereto have caused this or Agreement to
be executed by their respective officers thereunto duly authorized this 23 day
of April, 1973.
ARIZONA PUBLIC SERVICE COMPANY
By
--------------------------
Vice President
ATTEST:
---------------------
Assistant Secretary
SALT RIVER PROJECT AGRICULTURAL
IMPROVEMENT AND POWER DISTRICT
By
----------------------------
ATTEST & COUNTERSIGN:
---------------------
APPROVED AS TO FORM:
---------------------
CITY OF PHOENIX
ATTEST:
--------------------- By
City Clerk -----------------------------
City Manager
APPROVED AS TO FORM:
---------------------
Xxxx Xxxxxxxx
-00-
XXXX XX XXXXXXX
By
--------------------------
Mayor/City Manager
ATTEST:
---------------------
CITY CLERK
APPROVED AS TO FORM:
---------------------
CITY ATTORNEY
CITY OF MESA
By
--------------------------
City Manager
ATTEST:
---------------------
CITY CLERK
APPROVED AS TO FORM:
---------------------
CITY ATTORNEY
CITY OF SCOTTSDALE
By
--------------------------
Mayor
ATTEST:
---------------------
CITY CLERK
APPROVED AS TO FORM:
---------------------
CITY ATTORNEY
CITY OF TEMPE
By
--------------------------
Mayor
-00-
XXXX XX XXXXXXXXX
XXXXXX: By
--------------------------
------------------- Mayor
Town Clerk
APPROVED AS TO FORM
-------------------
Town Attorney
STATE OF ARIZONA )
) ss.
County of Maricopa )
On this the 4th day of April, 1973, before me the undersigned
Notary Public personally appeared Xxxx X Xxxx; and X. X. Xxxxx, who acknowledged
themselves to be the President and Secretary of the SALT RIVER PROJECT
AGRICULTRURAL IMPOVEMENT AND POWER DISTRICT, an agricultural improvement
district organized existing under the laws of the State of Arizona, and that
they, as officers, being authorized so to do, executed the instrument for the
purposes therein contained by signing name of the company by themselves as such
President and Secretary.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
/s/ Xxxxxxxx Xxxxx
-----------------------
Notary Public
My Commission Expires:
March 15, 0000
-00-
XXXXX XX XXXXXXX )
)ss.
County of Maricopa )
On this the 5th day of April, l973, before me, the undersigned Notary
Public personally appeared X. X. XXXXX, Xx. and Xxxxxx X. Xxxxxxx, who
acknowledged themselves to be of the Vice President and Assistant Secretary of
ARIZONA PUBLIC SERVICE COMPANY, an Arizona corporation, and that they as such
officers, being authorized so to do, executed the foregoing instrument for the
purposes therein contained by signing the name of the company by themselves as
such Vice President and Assistant Secretary
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
/s/ Xxxxxx X. Xxxxxx
-----------------------
Notary Public
My Commission Expires:
February 20, 0000
-00-
XXXXX XX XXXXXXX )
)ss.
County of Maricopa )
On this the 12th day of April, l973, before me, the undersigned Notary
Public personally appeared X. X. Xxxxxx and Xxxxxxx Xxxxxxxx, who
acknowledged themselves to be of the Manager and City Clerk of
CITY OF MESA, ARIZONA, a municipal/corporation, and that they as such
officers, being authorized so to do, executed the foregoing instrument for the
purposes therein contained by signing the name of CITY OF MESA, ARIZONA, BY
themselves as such Manager and City Clerk.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
/s/ Xxxxx X. Xxxx
-----------------------
Notary Public
My Commission Expires:
January 16, 0000
-00-
XXXXX XX XXXXXXX )
)ss.
County of Maricopa )
On this the 13th day of April, l973, before me, the undersigned Notary
Public personally appeared Xxxx X. Shumary and Xxxxxxx X. Xxxxxxxx who
acknowledged themselves to be of the Mayor and City Clerk of
CITY OF TEMPE, ARIZONA, a municipal/corporation, and that they as such
officers, being authorized so to do, executed the foregoing instrument for the
purposes therein contained by signing the name of CITY OF TEMPE, ARIZONA, BY
themselves as such Mayor and City Clerk.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
/s/
-----------------------
Notary Public
My Commission Expires:
April 17, 1976
-46-
EXHIBIT A
EFFLUENT COMMITTED
91ST AVE. PLANT
A. f/yr.
--------
Buckeye Irrigation Company 30,000
Arizona Game a Fish Department 7,300
U.S. Water Conservation Lab. 1,200
------
TOTAL 38,500
------
Previous Effluent Commitments. It is understood by the parties that the
Cities have previously authorized the disposition of approximately 36,500
acre-feet of Effluent discharged in each calendar year at the plant to the
United States Department of Agriculture for research and scientific purposes, to
the Arizona Game and Fish Department for wildlife and recreational purposes and
to the Buckeye Irrigation Company for agricultural purposes, and portions of the
Effluent are or may be used for the in-plant use and irrigation of land owned by
the Cities at the plant sites.
A-1
EXHIBIT B
DESCRIPTION OF 23RD AVENUE PLANT
The 23rd Avenue Wastewater Treatment Plant is located at 23rd Avenue
and Durango Street, Phoenix, Arizona. The plant is solely owned and operated by
the City of Phoenix, and provides secondary treatment, by means of the activated
sludge process, to all wastewater received.
The plant serves part of the Phoenix sewer service area only. Some of
the wastewater flows received at the 23rd Avenue Plant headworks can be diverted
to. the 91st Avenue Plant. The balance of the Phoenix wastewater and all of that
from the other cities participating in the Multi-City Sewerage Program is
treated at the 91st Avenue Wastewater Treatment Plant.
The treatment capacity of the 23rd Avenue Plant, as of March 1973, is
40 million gallons per day. The unit processes employed at the plant, as of
March 1973, are preliminary screening, grit removal, primary sedimentation,
aeration, secondary sedimentation, and anaerobic digestion of the wastewater
solids removed.
Any future additions to the 23rd Avenue Wastewater treatment Plant will
be designed and operated to provide , secondary treatment to all wastewater
received by the plant.
X-x
EXHIBIT C
DESCRIPTION OF 91ST AVBNUE PLANT
The 91st Avenue Wastewater Treatment Plant is located at 00xx Xxxxxx
xxx Xxxxxxxx Xxxxxx. The plant is under the jurisdiction of and operated by the
City of Phoenix; however, several other cities share with Phoenix in the
ownership of plant capacity. The cities that share in the ownership of plant
capacity by contractual agreements are Phoenix, Glendale, Mesa, Tempe,
Scottsdale and Youngtown.
The 91st Avenue Plant provides secondary treatment, by means of the
activated sludge process, to all wastewater received. The plant receives all of
the wastewater from Tempe, Scottsdale, Glendale, Youngtown, Peoria and Sun City,
and part of the wastewater from Phoenix and Mesa.
The treatment capacity of the 91st Avenue Plant, as of March 1973, is
65 mil1ion gallons per day. The unit processes employed at the plant, as of
March 1973, are preliminary screening, grit removal, primary sedimentation,
aeration, secondary sedimentation, and anaerobic digestion of the wastewater
solids removed.
Any future additions to the 91st Avenue Wastewater Treatment Plant will
be designed and operated to provide secondary treatment to all wastewater
received by the plant.
-C-1-
EXHIBIT D
EXERCISE OF OPTION
To: City of Phoenix
000 X. Xxxxxxxxxx
Xxxxxxx, Xxxxxxx
Attention: Water & Sewer Director
Pursuant to Agreement No. ______, Option and Purchase of
Effluent, dated ________________________, 19Y3 (hereinafter the Participants,
hereby exercise the Unit ______ Option, in the amount of _____________ acre-feet
per year.
Whenever and to the extent Effluent meeting the requirements of
Appendix E attached to the 4greernent is available for delivery at the Avenue
Plant, the Effluent required to be delivered in fulfillment of this exercise of
the Unit _____ Option shall be delivered at the _______ Avenue Plant Delivery
Point, unless and until the Participants shall hereafter otherwise designate in
writing. The balance, if any, of the Effluent required to be delivered pursuant
to this exercise of the Unit Option shall be delivered at the _____ Avenue Plant
Delivery Point.
It is requested that the Cities take any and all steps necessary
to deliver such Effluent in accordance with. the estimates and schedules to be
submitted by Participants to W & S Director pursuant to Sections 7.3 and 9.1 of
the Agreement. The first of such estimates or schedules shall be given to the W
& S Director not less than
D-1
two (2) years prior to the delivery of any Effluent to meet the Unit-Water
Requirements (including Construction Water).
[If only a portion of the Xxxx 0, Xxxx 0, Xxxx 0 or Unit 4 Option, as
the case may be is exercised hereunder, Participants shall complete
the following paragraph).
The Participants hereby release, remise and surrender that portion, in
the amount of __________ acre-feet per year, of the Unit Option which has not
been previously transferred or released pursuant to Section 6.4 of the Agreement
ant which is not exercised hereby.
All terms used herein which are defined in the Agreement shall have the
meanings as therein defined.
------------------------------
ANPP Project Manager
as Agent for and on behalf
of the Participants.
D-2
EXHIBIT E
1. SOURCE OF WASTEWATER
The 23rd Avenue and 91st Avenue Sewage Treatment Plants receive and
treat all wastewater discharged into the respective tributary sanitary sewer
systems of the Cities, which serve residential, commercial and industrial
establishments. Storm water is not intended to be admitted into the sanitary
sewer Systems but is handled by separate storm sewer Systems which are not
tributary to the treatment works.
The water supply from which the wastewater derives, after being used
for domestic, commercial and industrial purposes, consists of surface water from
the Salt and Verde Rivers and ground water from numerous xxxxx. In the future,
Colorado River water may be an added source.
The strength and character of wastewater entering the Phoenix sewer
system is regulated by Ordinance. All establishments that produce wastewater
that exceeds the limits set forth in the Ordinance are required to pretreat
their wastewater before it is accepted into the sewer system. A copy of the
currently effective "Maximum Allowable Limits for Discharge into the Phoenix
Sanitary Sewers System" - P-S3, dated December 22, 1970, is attached, In
addition, tile contractual agreements between Phoenix and the other Cities
involved in the Multi-City Sewerage Plan include restrictions and controls
regarding the strength and character of wastewater consistent with the Phoenix
regulations.
E-1
2. QUANTITY OF EFFLUENT
Attached is a copy of "Wastewater Flow Projections 1972-2000:
Estimated Uncommitted Effluent Available, Acre Feet/Year."
3. QUALITY OF EFFLUENT AND METHODS OF ANALYSIS
Both the 23rd Avenue and 91st Avenue Sewage Treatment Plants
are designed and operated, as will be any anticipated future additions,
to provide secondary treatment for all wastewaters delivered to them by
the sanitary sewage collection system. This secondary treatment is
presently accomplished at both plants by the activated sludge process.
Effluent quality is based upon and determined at each plant
by suspended solids and BOD analyses performed daily on representative
composite samples. The analyses are performed in accordance with the
latest edition of Standard Methods for the Examination of Water and
Wastewater, published jointly by the American Public Health
Association, American Water Works Association, and the Water Pollution
Control Federation.
The 23rd Avenue and 91st Avenue Sewage Treatment Plants, and
any future addition thereto, will continue to be operated in such a
manner that will produce an Effluent that will comply with the Rules
and Regulations of the Arizona State Department of Health.
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The City shall exercise all reasonable efforts to operate,
maintain, enlarge and improve the 23rd Avenue and 91st Avenue Plants in
a manner such that the quality of the Effluent therefrom to be
delivered to Participants hereunder shall be compatible with the
operation and maintenance of the Participants' Effluent treatment
facilities in order that the following components of such. Effluent
shall not exceed on an annual average basis the concentrations
indicated below:
Phosphate 60 mg/l
Suspended Solids 30 mg/1
BOD5 30 mg/1
Whenever analyses shall indicate that due to normal or other causes the
quality of the Effluent is in a trend in which it may be anticipated
that the above values indicated as annual average concentrations may be
exceeded for extended periods of time and whenever any upset in the
treatment processes at either 23rd Avenue or 91st Avenue Plant occurs
which may result in the delivery of Effluent with concentrations in
excess of those listed above, for extended periods of time the W & S
Director shall cause the Project Manager's Engineer or the Operating.
Agent's Engineer to be promptly notified of such occurrences.
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The Cities shall also use their best efforts to regulate the discharge into
their sewerage collection Systems from industrial and commercial sources of
any substances which would be detrimental to the quality of the Effluent
delivered hereunder.
Participants shall not be obligated to accept delivery of, or to pay for any
inadequately treated Effluent which could not otherwise be lawfully discharged
in accordance with the Rules and Regulations of the Arizona State Department
of Health or the United States Environmental Protection Agency.
It is recognized that the Participants' Facilities require storage reservoirs
or ponds for purposes of operational flexibility and as a standby source of
water. Participants shall not be obligated to accept delivery of, or to pay
for any such inadequately treated Effluent that cannot be provides sufficient
dilution by the Participants' storage ponds to render the Effluent compatible
with the operation and maintenance of the Participants' treatment facilities.
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CITY OF PHOENIX, ARIZONA
WATER AND SEWERS DEPARTMENT
DIVISION OF SEWERS
ORD. G-1049
12/22/70
MAXIMUM ALLOWABLE LIMITS FOR DISCHARGE INTO THE PHOENIX SANITARY SEWERS SYSTEM
SEC. 28-21, 28-22 CITY CODE
CONSTITUENT MAXIMUM
----------- -------
Unpolluted waters rain runoff, single pass None allowed
cooling water, evaporative xxxxxx water
Temperature 150F
Floatable Oil, Grease, etc. None visible
Flammable or Explosives None allowed
Total Grease, Oil, Fat, etc. 100 mg/1
Any solid or viscous substance capable of None allowed
causing obstruction to the flow in sewers or
other interference with the proper operation
of the sewage works.
Suspended Solids 350 mg/1
Dissolved Solids Must not require unusual
attention or expense
for treatment and disposal.
Corrosive, noxious or malodorous substances Must not
be injurious to
personnel or to
concrete or iron
structures and must
not be capable of
producing a public
nuisance.
p H p H 5.5 to 9.5
BOD (5 Day, 20 C Biochemical Oxygen Demand) 300 mg/1
Average Daily Flow 50,000 gals/day
*Dissolved Sulfide 0.5 m/1
Toxic, radio-active,or poisonous substances Less than that
sufficient to cause
interference with
any waste treatment
process, or hazard
to humans, animals,
or in receiving
stream.
*Radio-active substances Per latest Arizona Atomic
Energy Commission
regulations
*Cyanide (includes cyanates) 0.1 mg/1
*Heavy Toxic Metals, mg/1:
Arsenic 0.1
Barium 10.
Boron 10.0
Cadmium 0.1
Chromium VI 0.5
Copper 10.0
Lead 0.5
Manganese 0.5
Mercury 0.05
Selenium 0.1
Silver 0.5
Zinc 50.0
*Limits established by Water and Sewers Director in accordance with Sec. 28-22
of the City Code. All other limits listed are from Sec. 28-21 and 28-22 of the
City Code. The Director shall establish permissible limits as required on other
hazardous, toxic or undesirable substances not listed herein.
Date February 16, 1971
------------------------- -------------------------
Water and Sewers Director
Approved:
____________________ Xxxxx Xxxxxxxx, Director
City Manager Water & Sewers Department
By:_________________ By_________________
Assistant City Manager
PUBLIC SERVICE COMPANY OF NEW MEXICO
by
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President, Revenue Management
6091.CGI. 1106.99A: 1
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