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HomeMy WebLinkAboutR-2003-027 Broadgauge Ditch Company AgreementRESOLUTION NO. R-2003 - 27 A RESOLUTION authorizing the City Manager of the City of Yakima to execute a maintenance and operation agreement with the Broadgauge Ditch Company whereby the City will maintain and operate certain automated improvements to the Broadgauge Ditch Company irrigation system. WHEREAS, the Broadgauge Ditch Company provides irrigation water from the Naches River to its members within its service area within the City of Yakima; and WHEREAS, the City is the majority shareholder in the Company; and WHEREAS, the City and the Company desire to improve the operating efficiency of its irrigation system; and WHEREAS, for various reasons, certain property owners also desire to improve the operating efficiency of said irrigation system by eliminating the flow of irrigation tailwater from the irrigation system into open tailwater ditches; and WHEREAS, these property owners have offered to fund construction of certain automated improvements, including a motorized slidegate, to the irrigation system to help eliminate said tailwater flow and open ditches; and WHEREAS, the Company does not have personnel with sufficient training and knowledge to maintain said improvements; and WHEREAS, the Water/Irrigation Division of the City has personnel to operate and maintain said improvements in accordance with the terms and conditions of the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to execute the attached maintenance and operation agreement with the Broadgauge Ditch Company, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated maintenance and operation agreement with the (1k)water Broadgauge Ditch 2-03.pm Broadgauge Ditch Company whereby the City will maintain and operate certain automated improvements to the Broadgauge Ditch Company irrigation system. ADOPTED BY THE CITY COUNCIL this 18th day of February, 2003. ATTEST: - 172t City Clerk (1k)water Broadgauge Ditch 2-03.pm y Place, Mayor BROADGAUGE DITCH COMPANY AUTOMATION PROJECT MAINTENANCE AND OPERATION AGREEMENT THIS AGREEMENT (hereinafter "Agreement") is made and entered into on the dates subscribed below by and between the Broadgauge Ditch Company, a Washington non-profit corporation, (hereinafter "the Company"), and the City of Yakima (hereinafter "the City"). The purpose of the agreement is to establish responsibilities for the maintenance and operation of the Broadgauge Ditch Company's automation project as hereinafter described below. RECITALS: 1. The Broadgauge Ditch Company is a duly organized, non-profit, Washington corporation which provides irrigation water diverted from the Naches River to its members in a service area within the city limits of the City of Yakima generally bounded on the north by Mead Avenue, the west by Third Avenue, the south by Washington Avenue and, the east by Voelker Avenue between Mead Avenue and Pierce Street and by the parcels adjoining Presson Place between Pierce Street and Washington Avenue (hereinafter "the Company's Service Area"). 2. The City of Yakima is a non-profit Washington municipal corporation. 3. The Carpenters' Training Trust is a duly organized trust which owns real property in the City of Yakima at 1720 Presson Place, Yakima County Assessor's Parcel No. 191331-24420 and 1616 Presson Place, Yakima County Assessor's Parcel No. 191331-24441, (hereinafter "the Trust's Property") which said Property is further described in a survey filed as Yakima County Auditor's No. 7099418 on or about February 5, 1999, a copy of which is attached hereto as Exhibit "1," and expressly incorporated by this reference, (hereinafter "the Survey"). 4. After its diversion from the Naches River, the flow of the Company's irrigation water is primarily controlled from a diversion box located near Third Avenue and Peach Street in the City of Yakima and outside the Company's Service Area. The diversion box contains a manually operated slidegate which is used to convey irrigation water in a pipeline southerly along the west side of Third Avenue to the Company's Service Area which begins at the intersection of Third Avenue and Mead Avenue. BROADGAUGE DITCH COMPANY -1 AUTOMATION PROJECT MAINTENANCE AND OPERATION CONTRACT 5. Irrigation water is also conveyed to the City of Yakima by means of the diversion box at Third Avenue and Peach Street to serve its King Street pump station through the Company's irrigation system. The City's service area is bounded by Mead Avenue on the north, Cornell Avenue on the west, Pierce Street on the south, and Third Avenue on the east. 6. The Company's Service Area has diminished over the years and its pipeline conveying water from the distribution box at Third Avenue and Peach Street is larger than required. 7. Tailwater diverted by the Company surfaces at two locations on the Trust's Property after irrigation by its members in the Company's Service Area and flows into two open tailwater ditches which converge at a point on the Trust's Property in Yakima County Assessor's Parcel No. 191331-24421 east of the intersection of Pierce Street and Voelker Avenue into a single open tailwater ditch and flows thence in a generally easterly direction along the northern boundary of the Trust's Property until it exits the Trust's Property and the Company's Service Area at the eastern boundary thereof. The location of said tailwater ditches are further shown in the Survey attached as Exhibit "1." 8. The Company desires to improve the operating efficiency and convenience of its irrigation water system. 9. The City desires to improve the operating efficiency and convenience of its irrigation water system and the delivery of irrigation water to and the operation of its King Street pump station. 10. The Company has constructed or will construct in the future within the utility easements located on the Trust's property, certain automated improvements described in detail in the "Broadgauge Ditch Company Automation Project" attached hereto as Exhibit "2" (hereinafter "the Project"). The Project includes radio telemetered devices to restrict flow of irrigation tailwater at the lower end of the Company service area and to control irrigation flow at the City's King Street pump station by automation of gates and valves at the water distribution box at Third Avenue and Peach Street. 11. The Company does not have personnel with sufficient knowledge and training to operate and maintain the Project. 12. The Company and the City agree that the operation and maintenance of the Project is in the public interest and in furtherance of their mutual goals for efficient management of their irrigation distribution systems including facilities which are used in common in both systems. BROADGAUGE DITCH COMPANY - 2 AUTOMATION PROJECT MAINTENANCE AND OPERATION CONTRACT TERMS: Now, therefore, in consideration of the mutual benefits, covenants, promises, and agreements set forth herein, the Company and the City, do hereby mutually agree as follows: 1. Operation and Maintenance of Project. The City shall operate, adjust and maintain the automated improvements portion of the Project at no cost or expense to the Company and further agrees to the location of the Project within the utility easements located on the Trust's property. The operation, adjustment and maintenance responsibilities of the City shall be limited the following automated improvements, devices and equipment of the Project: • Primary water level sensor (to be located at manhole near the intersection of Pierce Street and Voelker Avenue). • Secondary water level sensor (to be located at City's King Street pump station). • Motorized slidegate (to be located at Third Avenue and Peach Street water supply facility). • Programmable logic controller ("PLC") that will control operation of the motorized slidegate. • Radio communications equipment necessary to send signals from the water level sensors to the PLC to control the motorized slidegate. • Wiring and electrical circuitry necessary for said water level sensors, PLC, radio communications equipment, and motorized slidegate. • 4' diameter manhole necessary for the primary water level sensor. The City shall not be responsible for operation and maintenance of all other portions of the Project, including but not limited to existing or new piping, fences, gates, landscaping, and overhead electrical power sources, except as otherwise provided herein. 2. Access to Project. The Company shall allow the City full and unlimited access to the Project and shall fully cooperate with City personnel to facilitate the operation and maintenance of the Project. BROADGAUGE DITCH COMPANY - 3 AUTOMATION PROJECT MAINTENANCE AND OPERATION CONTRACT 3. Term of Agreement. This Agreement shall be effective upon the full execution hereof by the parties and shall continue in effect until the Company ceases the delivery of irrigation water within its service area or otherwise ceases to exist or until such time as the parties may mutually agree in writing. 4. Transfer of Interest in Project to City. In the event the Company ceases delivery of irrigation water in its service area during the term of this Agreement or otherwise ceases its existence, all its right, title, and interest in the Project shall pass to the City. In such event the Company shall execute any and all deeds, contracts, easements, or other instruments necessary to convey its said rights in the Project to the City. 5. Severability. If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 6. Integration. This written document constitutes the entire agreement between the parties. No changes or additions to this Agreement shall be valid or binding upon any party unless such change or addition be in writing and executed by all parties. 7. Nonwaiver. A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such right and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by the authorized representative of the party and attached to the original Agreement. 8. Paragraph Headings. The underscored word or words appearing at the commencement of paragraphs and subparagraphs of this contract are included only as a guide to the contents thereof and are not to be considered as controlling, enlarging or restricting the language or meaning of those paragraphs or subparagraphs. 9. Time is of the Essence. Time is specifically declared to be of the essence of this Agreement and of all acts required to be done and performed by the parties hereto. 10. Drafting of Agreement. The parties hereto represent that they have each had the opportunity to review this Agreement and to suggest any changes or modifications which they desire. Therefore, in the event of a dispute, a Court shall construe and interpret this Agreement to express the intent of the parties as manifested herein. This Agreement shall not be construed for or against any particular party as the drafter hereto. BROADGAUGE DITCH COMPANY - 4 AUTOMATION PROJECT MAINTENANCE AND OPERATION CONTRACT 11. Notices. Any notices required or permitted by law or under this Agreement shall be in writing and shall be hand -delivered or sent by certified or registered mail, return receipt requested, with postage prepaid, to the other party at their respective addresses as follows: COMPANY: CITY: Ray Arnold, President Broadgauge Ditch Company 44 West Mead Avenue Yakima, Washington 98902 Richard Zais City Manager City of Yakima 129 North Second Street Yakima, WA 98901 Either party may change such address for notice. Hand -delivery, or the mailing and registering or certifying of such notice as herein provided shall be sufficient service thereof. Service shall be complete when such notice is hand -delivered, or registered or certified and placed in the United States mail as shown by the cancellation stamp or postage meter stamp, as the case may be. 12. Venue. The venue for any action to enforce or interpret this Agreement shall lie in Superior Court of Yakima County, Washington. 13. Governing Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of Washington. 14. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement. BROADGAUGE DITCH COMPANY - 5 AUTOMATION PROJECT MAINTENANCE AND OPERATION CONTRACT IN WITNESS WHEREOF, this agreement is hereby executed on behalf of the parties hereto by the individuals signed below on the dates subscribed below who are authorized to do so by their respective entities. Ray Xrnold Title: President Broadgauge Ditch Company R.A. Zais, Jr. Title: City Manager City of Yakima ATTEST: Dated: 653 " g()" O. j Dated: ry a 6. 003 City Clerk City Resolution No.,A2O43-.?2- City Contract No. Xi ,9V0.? a7 BROADGAUGE DITCH COMPANY - 6 AUTOMATION PROJECT MAINTENANCE AND OPERATION CONTRACT PIERCE STREET VOELKOR AVENUE 25' 1' O CITY OF YAKIMA SHORT PL:.T NO. 12-98 `BARBED WIRE FENCE �( N 89'58'55" E 296.91' *S -N 00'55'05" W 25.89' N 89153'58" E 30.57' -. .--EXISTING 15' 6' CHILI1,1 K UTILITY ESM'T FENCE 0 0 in 0 z 12" STEEL PIPE 276 91' EXISTING 15' IRRIGATION UTIUTY ESM'T DITCH LOT 2 86865 50 FT 1616 PRESSOR PLACE 0.4.0=...- 6' 085)91680 FENCE 8' UTILITY ESM'T HEREIN DEDICATED 90"00'00" E 331.99' - - - SrnnH -16' L..LITY EASEMENT A DITOR'S FILE/NO. 7042928 } I 144' J 6' CNAINUNK 16.95 16' FENCE 1,49 STAND PIPE fi' 0IMNUNK B. FENCE 39' ACCESS IA UTILITY 551A'T HEREIN DEDICATED FOR THE BENEFIT OF LOTS 1 AND 2 of [----EXISGESM'15' U11UTINTY T ,I ---•-�-0. 0 3 z 1 LOT 1 79167 50 FT 1720 PRESSOR PLACE EXISTING 16' UTILITY� 1 ESIA'T A.F N0. 7042928 �FFF--- EXISTING 16' UTIUTY ESM'T 4 - - - - 290.29 - 1.13.05 6' CHAINUNK FENCE ASPHALT PAMNC D=6722'39' R=50.00 L=58.80 N 90'00'00' W LOT 0 OP. -SS EXISTING 8' P.U. E51A'T TREASURER'S CERTIFICATE I HEREBY CERTIFY ''-.AT ALL CHARGEABLE REGULAR AND SPECIAL ASSESSMENTS COLLECTIBLE BY THIS OFFICE THAT ARE DUE AND OWING ON THE P000091Y DESCRIBED HEREON ON DATE OF THIS CERTICQRON HAVE BEEN AID. DATED 1115. DAY OFI .'4.✓tFdsf, 19 B Y: ,; C. AKIMA COUNTY TREASURER'S OFFICE APPROVALS APPROVED 8Y THE CITY OF YAKIMA ADMINISTRATOR DATE FS•.l•7 Y, (9Y9 NOTES 1. 0 - DENOTES 1/2' RE8AR YATH CAP LS 16233/18929 SET. 2. • - DENOTES 5/8" IRON PIN WITH CAP N0. 9623 FOUND UNLESS OTHERWISE NOTED. 3. SURVEY PERFORMED WITH TWO SECOND ELECTRONIC TOTAL STATION AND CALIBRATED CHAIN USING FIELD TRAVERSE PROCEDURES. 4. BOUNDARY PREVIOUSLY SURVEYED AND SHOWN ON SURVEY RECORDED IN BOOK 54, PAGE 97, RECORDS OF YAKIMA COUNTY, WASHINGTON. STATEMENTS AND NOTIFICATIONS A. ACCORDING TO INFORMATION NOW OF RECORD, THE PROPERTY HEREIN SHORT PLATTED IS NOT WITHIN ANY ORGANIZED IRRIGATION DISTRICT AT 14)5 TIME. ALL LOTS WITHIN THIS SHORT PLAT ARE SUBJECT TO THE TERMS, CONDITIONS, RESTRICTIONS AND OBLIGATIONS IN THE PRESENT OR FUTURE CONCERNING IRRIGATION WATER RIGHTS -0F -WAY AND EASEMENTS AS MAY BE IMPOSED ON ACCORDANCE WITH LAW BY ANY DULY ORGANIZED AND ESTABUSHED IRRIGATION DISTRICT, THE BOUNDARY OF WHICH MAY AT THE TIME ENCOMPASS THE PROPERTY HEREIN SHORT PLATTED. 8' POWER EMT 5.5 B. A MINIMUM OF TWENTY FEET OF PAVED ACCESS EASEMENT SHALL BE N0. 7029663 PROVIDED FROM PRE550N PLACE OVER AND ACROSS LOT 1 TO LOT 2. 11110 EASEMENT SHALL BE THE PRIMARY MEANS OF ACCESS FOR LOT 2. PAVING OF MIS PRIVATE ACCESS ROAD SHALL BECOME A C00011106 OF BUILDING PERMIT ISSUANCE FOR LOT 2. 2.5'4 POWER VAULTS 00 EASEMENT FOR UNDERGROUND POWER UNDER AUDITOR'S FILE N0. 7029663. 1/2" REBAR W/CAP LS 9623 FOUND TYP 81 I U .J W I z / 0 W 1/4 COR. SEC. 31, ' o m T-13 9, R-19 E,WF4 I I zP.1I CENTER SEC. 31. rt 1-13 N, R-19 E,WM 351.00' 50 50 100 150 FEET SCALE 1' = 50' P, N 90'00'00' W 2672 56' J1 SURVEYOR'S CERTIFICATE 11115 MAP CORRECTLY REPRESENTS THAT THE SHORT PLAT A5 SHOWN IS BASED UPON AN ACTUAL SURVEY MADE BY ME OR UNDER M1 DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE REQUEST OF KEN ORMBREK IN DECEMBER, 1998. RICHARD L. WEER, CERTIFICATE N0. 18929. D 7l4,A 0x4 coves v.n0oo 1-z-7- 99 LEGAL DESCRIPTION LOT 5 SHORT PLAT 90-18, A5 RECORDED UNDER AUDITOR'S FILE NO 2883906 RECORDS OF YAKIMA COUNTY, WASHINGTON, EXCEPT THAT PART THEREOF LYING EAST OF THE NOR0IERLY EXTENDED WEST LINE OF LOT 4. SHORT PLAT 90-17 RECORDS OF YAKIMA COUNTY, WASHINGTON, AND LOT 6 OF SAID SHORT PLAT 90-18; EXCEPT THE SOUTH 194 00 FEET, AS MEASURED ALONG THE WEST LINE AND PARALLEL WITH THE SOUTH UNE THEREOF OWNER'S CERTIFICATE KNOW ALL PERSONS BY THESE PRESENTS THAT CARPENTER-El.l5'LOIERS APPRENTICESHIP AND TRAINING TRUST FUND OF WESTERN WASHINGTON, ARE THE PARTIES HAVING OWNERSHIP INTEREST DF THE LAND HEREON DESCRIBED; HAVE W1TH THEIR FREE CONSENT AND IN ACCORDANCE 041E THEIR DESIRES CAUSED THE SAME TO BE SURVEYED AND SHORT PLATTED AS SHOWN HEREON; AND DO HEREBY DEDICATE THE EASEMENTS AS SHOWN HEREON FOR THE USES INDICATED HEREON. ACKNOWLEDGEMENT STATE OF WASHINGTON) COUNTY OF YAKIMA ) SS 1 CERTIFY 11,AT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT A4rA/iN /9 FA.1P509 AND ARE THE PERSONS W110 APPEARED BEFORE ME AN0 SAID 5500052 ACKNOWLEDGED THAT THEY SIGNED THIS INSTRUMENT ON OATH STATED THAT THEY WERE AUTHORIZED TO EXECUTE 11-)5 INSTRUMENT AND ACKNOWLEDGED IT AS THE AOMIAISTRATdc AND OF THE CARPENTERS -EMPLOYERS APPRENTICESHIP AND TRAINING TRUST FUND OF WESTERN WASHINGTON. TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT DATED (/aE199 C•644) NOT RY PUBLIC IN AND FOR THE STATE OF L `7! RESIDING AT ,SSCaoi/L .�I MY APPOINTMENT EXPIRES 47%01 AUDITOR'S CERTIFICATE FILED FOR RECORD THIS 4x DAY OF 1949 AT I.5)PM., UNDER A.F NO,� 47b RECORDS OF YAKIMA COUNT'. WASHINGTON. .o .. 5,51101 8Y UTY� COUNTY AUDITOR p S A ENGINYAKMA WASHINGTON LANNING H 15091 575-5990 CITY OF YAKIMA SHORT PLAT PARCEL NO. 191331 - 24417 -PREPARED FOR- TRAHO INC. o)AveN 01. NON non- 12-10-98 .60B No 98475 SHEET NB 1 o` 1 5E 1/4, NW 1/4. SEC. 31 1-13 N R I9 E.WIJ Broadgage Ditch Company Automation Project i1lVIT NO ._ Background The Broadgage Ditch Company serves untreated Naches River water to approximately 100 acres of residential and light commercially developed land within the City of Yakima. The irrigation,delivery system was constructed in the early 1900's and consists of low pressure gravity pipelines and open channels. Water is supplied by gravity to the system from a distribution box operated by the City of Yakima located near Third Avenue and Peach Street. Flows are regulated by the Broadgage staff using a manually operated 24" diameter slidegate. This slidegate and the connected 24" diameter pipeline convey water southerly along the west side of Third Avenue to the Broadgage service area that begins at the intersection Third Avenue and Mead Avenue. Since the irrigated service area of the Broadgage Ditch Company has diminished over the years, its 24" diameter supply system is significantly larger that required. An indication of the over sizing is the fact that the 24" slidegate at the source of water is normally only opened approximately 1" even during peak demand periods. Opportunities now exist to improve the operating efficiency of the system by installation of water level sensing and flow control equipment. The work will result in water and labor savings. The water saving features will reduce the amount of water that spills unused from the lower end of the service area. The City?'of Yakima receives water from the Broadgage Ditch Company to serve its King Street Pump Station. The reliability of the water supply to the City's pump station is of concern and will be improved by the proposed work. As a significant stakeholder in the Broadgage Ditch Company, the City has endorsed the project and is willing to assist with the operation and maintenance of the facilities. Proposed Improvements The existing irrigation distribution facilities within the Broadgage Ditch Company are old and some are in poor condition but they provide water to the users. The proposed improvements will not change the distribution system. The improvements will automatically match the system water supply to the users' irrigation demand. This will be done by controlling the inflow with an electrically operated slidegate which will replace the existing manually operated 24" slidegate located at the Third Avenue and Peach Street supply facility. This motorized slidegate will be controlled by water levels at two points in the system (Pierce Street and Voelker Avenue and the King Street Pump Station). At times when a higher than normal water level is detected at the 1 OF 2 BROADGAUGE IRRIGATION DISTRICT AUTOMATION DESIGN ENGINEERING SERVICES - SCOPE OF WORK Pierce and Voelker location, the motorized slidegate supplying the system will be closed slightly. When the water level is low, the slidegate will.be opened slightly. The automatic adjustments will be made as needed to supply the correct amount of water to meet the varying irrigation demand. A second water level sensor will be located at the inlet side of the City of Yakima's King Street Pump Station to detect abnormally high water levels that could cause flooding of the pump station. If the sensor detects an abnormally high water level, the 'motor operated slidegate at Third Avenue and Peach Street supply facility will be closed as needed to prevent flooding of the pump station. The level sensors will provide control information to the motorized slidegate using high frequency radios that operate in a range that is exempt from licensing requirements. Water Supply The existing 24" diameter manually operated slidegate located at the Third Avenue and Peach Street facility will be replaced with smaller, motorized slidegate. The slidegate will be controlled by a small programmable logic controller (PLC). The PLC will receive water level signals from the two water level sensors using radio communications. Equipment that will need to be installed at the supply facility includes: the motorized slidegate, a three phase 480 volt circuit breaker and wiring to supply the actuator, connection to the 120 volt power supply the PLC, and radio communications equipment. Primary Water Level Sensor Water that leaves the Broadgage Ditch Company's service area flows through two pipes that discharge into two ditches near the intersection of Pierce Street and Voelker Avenue. It is proposed to connect these two pipes to a new measuring manhole that will allow the total outflow to be monitored. An ultrasonic level sensor in the manhole will detect changes in system outflow and send information by radio to the motorized slidegat:o at'ihe supply facility. The new pipelines and manhole will be located within an existing utility easement on the private property that the existing open ditches now occupy. A significant portion of the open ditches will be filled as part of the work that will improve the value of the property. Equipment that will need to be installed includes: approximately 400 feet of 12" diameter PVC pipe, approximately 100 feet of 6" diameter PVC pipe, one 4' diameter manhole, one ultrasonic level sensor, single phase 120 volt overhead power service, radio communications equipment, and chain-link security fencing. Secondary Water Level Sensor To provide protection to the City of Yakima's King Street Pump Station a water level sensor will be installed at the intake side of the existing below ground facility. The ultrasonic sensor will be identical to the one used at the Primary Water Level Sensor location. The work will include the following equipment: an ultrasonic water level sensor, radio communications equipment, and connection to the existing 120 volt power supply. CH2MHILL 2 OF 2 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. ¥ ) 3 For Meeting of 2/18/2003 ITEM TITLE: A resolution authorizing execution of an Operation and Maintenance Agreement with the Broadgauge Ditch Company. SUBMI'1"'1 ED BY: Glenn Rice, Assistant City Manager Dave Brown, Water/Irrigation Engineer CONTACT PERSON/TELEPHONE: Dave Brown at 575-6204 SUMMARY EXPLANATION: The Broadgauge Ditch Company provides irrigation water from the Naches River to its members within its service area within the City of Yakima. The City of Yakima is the majority shareholder in said Company. The City and Company desire to improve the operating efficiency of its irrigation system. For various reasons, certain property owners also desire to improve the operating efficiency of the system by eliminating the flow of irrigation tailwater from the irrigation ystem into open tailwater ditches. To this end, the property owners have offered to fund construction of certain automated improvements, including a motorized slidegate, to the Company's irrigation system. However, the Company does not have personnel with 'sufficient training and knowledge to operate and maintain these irrigation system improvements. As the majority shareholder in this irrigation system, the City has offered, subject to City Council approval, to operate and maintain these improvements in accordance with the terms and conditions of the attached agreement. Accordingly, said agreement is respectfully submitted for City Council consideration and approval. Resolution X Ordinance Other (Specify) Contract X Mail to (name and address): Phone: Funding Source N/A APPROVED FOR SUBMI I AL: City Manager STAFF RECOMMENDATION: Approve the resolution authorizing execution of an Operation and Maintenance Agreement with the Broadgauge Ditch Company. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO- R-2003-27