ML20040C298
| ML20040C298 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 01/11/1982 |
| From: | Bingham W BECHTEL GROUP, INC. |
| To: | |
| Shared Package | |
| ML20040C285 | List: |
| References | |
| NUDOCS 8201270500 | |
| Download: ML20040C298 (50) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
ARIZONA PUBLIC SERVICE
)
COMPANY, et al.
)
Docket Nos. STN 50-528
)
STN 50-529 (Palo Verde Nuclear
)
STN 50-530 Generating Station,
)
Units 1, 2 and 3 )
)
)
AFFIDAVIT OF WILLIAM G.
BINGHAM ON CONTENTION NO. 5 STATE OF ARIZONA
)) ss.
County of Maricopa
)
I, William G.
Bingham, being duly sworn, upon my l
oa mt state as follows:
1.
I am employed by Bechtel Power Corporation as Project Engineering Manager for the Palo Verde Nuclear Gen-erating Station ("PVNGS").
2.
In such capacity I am responsible for all en-gineering and design activities ~ performed by Bechtel as the architect / engineer for the Palo Verde Project.
My resume is i
l set forth in Attachment WGB-1 (attached).
3.
The primary and secondary sources of waste-l water effluent for use as cooling water at PVNGS will be the City of Phoenix 91st Avenue Wastewater Treatment Plant ("91st 8201270500 920115 PDR ADOCK 05000528 G
c d
Avenue Plant") and the City of Tolleson wastewater treatment plant ("Tolleson Plant"), respectively.
4.
Each unit at PVNGS will require approximately 21,350 acre-feet of treated wastewater effluent per year for cooling water, based on the following assumptions:
Each Palo Verde unit will operate at a capacity a.
factor of 95% of rated power for 11 months each year and will experience a one-month outage each year for refueling and maintenance.
b.
There will be no treatment of the cooling water blowdown from the circulating water system.
c.
Use of annual average ambient meteorological con-ditions.
d.
Cooling water losses will be as defined in Figure 3.3-1 of the Environmental Report - Operating Li-cense Stage for PVNGS.
e.
Concentrations of dissolved solids in the influent to the circulating water system will be permitted to be increased by a factor of 15.
5.
The effluent from the 91st Avenue Plant and l
the Tolleson Plant will be further processed at the Water Reclamation Plant ("WRP") located at PVNGS.
6.
In the early design stages of Palo Verde it was recognized that (a) the design and specification of materials for the circulating water system for the Palo Verde units could be impacted by the quality of the waste-
-4
.d water effluent discharged from the 91st Avenue Plant and (b) the quantity of effluent required for blowdown to control scale formation, fouling and corrosion and other treatment to limit biological growths within tolerable limits would be a function of the concentrations of suspended and dissolved solids present in the effluent.
7.
Accordingly, during the period from August 1973 to September 1974, analyses of the effluent discharged from the 91st Avenue Plant were performed and a demonstra-tion plant incorporating the principal relevant features of the proposed tertiary treatment plant and a circulating water system was established and operated at the 91st Avenue Plant.
8.
From such extended analyses and demonstration plant operation, it was determined that the principal con-stituents in the effluent discharged from the 91st Avenue Plant which could cause scale formation, fouling, corrosion and/or contribute to biological growths were calcium, mag-nesium, silica, phosphorus and ammonia and that reductions in the concentrations of such materials could reduce signi-ficantly the quantity of blowdown water required to control scale formation, fouling, corrosion and biological growths within tolerable limits and minimize chlorination require-l ments.
9.
Accordingly, the WRP was designed to incor-porate a two-stage lime treatment process to remove dis-l !
e solved solids, including calcium, phosphorus, silica and magnesium.
Additionally, trickling filters are provided to reduce ammonia which reduces chlorination requirements, cor-rosion potential and sludge production; filtration is pro-vided to remove residual suspended solids, including cal-cium, phosphorus and other solids; and chlorination is pro-vided to control biological growths.
10.
The treatment described above is designed to remove quantities of suspended and dissolved solids and to limit biological growths to a degree that the resulting con-centrations in the treated effluent may be increased by a factor of 20 in each generating unit's circulating water sys-tem without excessive scaling, fouling or corrosion of sys-tem components and heat exchangers.
11.
The foregoing factor of 20 is predicated upon the assumption that the concentrations of dissolved solids in the effluent discharged from the 91st Avenue Plant will be within the range of fluctuation of such concentrations observed during the period of effluent analyses and demon-stration plant operation referenced in Paragraph No. 7 hereof.
12.
If treatment were limited solely to filtra-tion and chlorination, the increase in concentration of dis-solved solids in the cooling water would be limited to a factor of about 5 alid effluent consumed would be increased by a factor of 4. _
13.
The concentrations of dissolved solids in the effluent discharged from the 91st Avenue Plant are primarily a function of water sources for the domestic water systems of the communities using the 91st Avenue Plant, principally the Salt and Verde Rivers.
Consequently, subject to normal seasonal variations, this element of effluent quality has been and is expected to continue to be relatively stable.
14.
Nonetheless, for conservatism in estimating the quantity of effluent required for operation of each of the Palo Verde units, the blowdown requirements included in the 21,350 acre-feet are based on the assumption that con-centrations of dissolved solids in the influent to the circulating water system will be permitted to be increased by a factor of 15.
om W
William G. Bingham Q
subscribed and sworn to before me this
//
day ofQom,
1982.
/
0 Ah w Notary Public My commission expires:
OCTOBER 1,1984 -
Attachment WGB-1 RESUME WILLIAM G. BINGHAM t
Educational
Background:
University of California at Los Angeles B.S.
Engineering Golden Gate University, San Francisco, California M.B.A.
Professional Licenses:
Registrations in California and Arizona Memberships:
.American Nuclear Society i
Professional Level Experiences:
Joined Bechtel Power Corporation in 1957 following j
l graduation from the University of California at Los.
Angeles.
Project Nuclear Engineer on the Rancho Seco i
Nuclear Generating Station, Sacramento, California (prior to 1973)
Project Engineer and Project Engineering Manager at Palo Verde Nuclear Generating Station, Phoenix, Arizona.
Responsible for all engineering and i
design (1973 to present) l l
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Agreement for the Sale and Purchase of Wastewater Effluent Among City of Tolleson, Arizona Public Service Company and Salt River Project Agricultural Improvement and Power District, dated June 12, 1981, as amended
m 5/29/81 s
t AGREEMENT FOR THE SALE AND PURCHASE OF WASTEWATER EFFLUENT br 76 THIS AGREEMENT, made and entered into this day of
<w 1981, by and between the City of Tolleson a municipal corporation organized and existing 6
v
,under and by virtue of the laws of the State of Arizona
("Tolleson") and Arizona Public Service Company, a corpora-tion organized and existing under and by virtue of the laws of the State of Arizona ("APS") and Salt River Project Agri-cultural Improvement and Power District, an agricultural 11 improvement district organized and existing under and by 12 virtue of the laws of the State of Arizona ("SRP").
13 W I T N E S S E T H:
14 WHEREAS, Tolleson owns, operates and maintains a 15 wastewater treatment plant (hereinafter the " Plant") sit-16 uated 1/4 mile south of State Route 85 and 1/4 mile west of 17 91st Avenue at which Tolleson treats raw sewage collected 18 from sources within and outside of the corporate boundaries 19 of Tolleson and produces treated wastewater effluent suit-20 able for. discharge into the Salt River in accordance with 21 the laws of the United States and the State of Arizona 22 (hereinafter " Effluent");
23 WHEREAS, the capacity of the Plant is currently 24 sufficient to process and discharge approximately 4 million 25 gallons per day of treated wastewater and an expansion of 26 -_
6/4/81 2
the Plant to increase the capacity to approximately 8 mil-3 li n gallons per day (hereinafter "M.G.D.")
is in progress; 2
WHEREAS, pursuant to a commitment previously made, 3
Tolleson currently is obligated to sell Effluent up to, but not in excess of, 2.0 M.G.D.
for the production of sod on property situated adjacent to the Plant (hereinafter "Com-mitted Effluent");
WHEREAS, Tolleson desires to reserve for 'its use and disposition 'as it may in its own discretion elect, 10%
of the amount of Effluent in excess 2.0 M.G.D. (hereinaft'er
" Reserved Effluent");
11 WHEREAS, Tolleson desires to sell and APS and SRP 12 desire to purchase all available Surplus Effluent which for 13 the purposes hereof shall be (i) all of the Effluent produced 14 through the operation of the Plant in excess of the sum of 15 the Committad Effluent and Reserved Effluent and (ii) any 16 amounts of Committed Effluent not actually sold pursuant to 17 the commitment therefor, and of Reserved Effluent not ac-l 18 l
tually used or otherwise disposed of by Tolleson, but not to 19 exceed 8.3 M.G.D.; and 20 WHEREAS, the sale and purchase of the Surplus Ef-21 fluent will result in its beneficial use and in the reduc-22 tion in the demand for the limited supplies of unused sur-(
23 face waters and groundwaters.
24 NOW THEREFORE, for and in consideration of the 25 mutual covenants, terms and conditions hereinafter stated, i
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e 6/4/81 s
the parties agree as follows:
g Section 1.
Sale and Purchase of Surplus Effluent.
2
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1.1 Except as provided in other Sections of this g
Agreement, Tolleson shall. sell and deliver to APS and SRP, a d APS and SRP shall purchase and accept all of the Surplus 5
Effluent produced through the operation of the Plant during 6
.the term of this Agreement, including any extension of the 7
8 1.2 This Agreement' c'ontains no requirement that g
T 11 sen produce any certain amount of Effluent at the Plant 0
but merely that it deliver to APS and SRP whatever amount of Surplus Effluent is produced, except as provided elsewhere in this Agreement.
[End of Section 1]
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5/29/81 5
Section 2.
Price and Payment.
g 2.1 APS and SRP shall pay to Tolleson for all 2
Surplus Effluent sold and delivered hereunder a price deter-3 mined as of July 1 each year equal to the greater of (i)
S35.00 per acre-foot, plus the adjustment component deter-mined in accordance with Section 2.4 hereof, (ii) 45% of the 6
price per acre-foot in effect from time to time for Central Arizona Project Municipal and Industrial Water, or (iii) 100% of the price paid for Uncommitted Effluent unde - Agree-ment No. 13904 betJeen APS and SRP and the Cities of Phoe-10 nix, Glendale, Scottsdale, Tempe and Mesa and the Town of 11 Youngtown.
2.2 APS and SRP shall pay Tolleson monthly an 13 amount equal to the price determined pursuant to Section 2.1 14 hereof multiplied by the number of acre-feet of Surplus Ef-15 fluent delivered and accepted during the prior month.
Such l
16 monthly payments shall be due and payable 30 days after re-I ceipt of the invoice therefor rendered by Tolleson.
2.3 In the event of a dispute concerning the quantity of. Surplus Effluent delivered in any month, APS and
,0 SRP shall pay the invoiced amount, but may do so under writ-ten protest.
If any protested amount shall subsequently be 22 determined to have been excessive, the excessive amount 23 l
thereof shall be refunded to APS and SRP.
Any dispute or i
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protest shall be resolved in the manner provided by Section l
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14.7 hereof.
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5/29/81 N
2.4 The adjustment component shall be applied to 3
all Surplus Effluent sold and delivered hereunder on or after 2
July 1, 1981, pursuant to the price described in Section 3
2.l(i), and shall be determined once each year as herein-5 2.4.1 The Base Year shall be 1980.
6 2.4.2 On,, July 1, 1982, the specified price, 7
of $35.00 'per acre-foo't shall be adjusted (increased or de-8 creased), based on the final index for the Base Year and th,e 9
final index for the year 1981 by referring to the Index of 10 Implicit Price Deflators for Gross National Product, as pub-lished in Table 7.1 of the National Income and Product Ac-12 counts Tables of the United States Department of Commerce 13 Publication entitled " Survey of Current Business" (herein-14 after "IPD") as applied in the following formula:
15 1981 IPD - 1980 IPD X $35.00 16 1980 IPD 17 EXAMPLE:
18 Assume the IPD for the Base Year (1980) is 100 and l
l 19 the IPD for 1981 is 110, then the adjustment for 20 the year commencing July 1, 1982, would be deter-21 mined as follows:
110 X S35.00 = S3.50 100 23 2.4.3 Pursuant to Section 2.l(i), the price 24 I
per acre-foot thereafter shall be adjusted accordingly for 25 each successive year based on the percentage change in IPD l
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6/4/81 between the final index for the preceding year and the Base 3
Year.
2 3
Assume the.IPD for the Base Year (1980) is 100 and the IPD for 1982 is 120, the adjustment for the 5
year commencing July 1, 1983, would be determined as follows:
7 X $35.00 = $7.00 8
100 9
2.4.4 In computing such adjusted price per acre-foot, fractions of a cent will be dropped if less than 11 one-half (.5) cent and will be increased to the next higher whole cent if one-half (.5) cent or more.
2.4.5 In the event the "IPD" is not avail-14 able for use in determining the adjustment component in July 15 of 1982 or any subsequent year, the adjustment component shall be held in abeyance for Surplus Effluent delivered in such year until such index is available, at which time Tolleson shall determine the adjusted price pursuant to sec-l l
19 tion 2.1(i), and, if such price is applicable for any year i
in question, shall submit, and APS and SRP shall pay, an ad-21 justed invoice applying the proper adjustment to all Surplus Effluent previously deli'vered in such year.
l 2.4.6 In the event the IPD shall be discon-l 24 l
tinued, an appropriate index will be substituted therefor by 25 mutual agreement of the parties.
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's 5/29/81
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Section 3.
Quality of the Surplus Effluent.
3 3.1 All Surplus Effluent sold and delivered here-2 under shall have received wastewater treatment, and shall g
meet the standards, required by law and specified in Permit No. AZ 200338 issued to Tolleson by the Environmental Pro-tection Agency (hereinafter " EPA"), including any amendments 6
thereof as may be,made from time to time and/or in any other 7
y required permit or authorization as may hereafter be issued by the Arizona D'epartment of Health Services (hereinafter g
"ADHS"), or any other federal or state agency having juris-diction respecting the treatment and/or discharge of waste-11 water effluent, except that chlorination of such Surplus Ef-12 fluent sold and delivered hereunder shall be required and 13 performed only upon the terms and conditions hereinafter 14 provided.
15 3.2 Tolleson shall operate, maintain, enlarge and 16 improve the Plant in such a manner that the quality require-ments set forth in Section 3.1 are satisfied.
18 3.3 APS and SRP shall not be required to purchase 19 or accept surplus Effluent that does not meet the quality requirements set forth in Section 3.1 hereof.
3.4 Tolleson, on the written request of APS and 22 SRP shall chlorinate the Surplus Effluent to be delivered to 23 l
APS and SRP, provided that APS and SRP shall reimburse Tolleson for its costs for chlorine used in such chlorina-25 tion.
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6/4/G1 3.5 Should the applicable state and federal laws g
2 change to require chlorinatien of Surpl'Is Effluent delivered int 3
the effluent pipeline cetween the City of Phoenix 91st Avenue Sewage Treatment Plant and the Palo Verde Nuclear 4
Generating Station (hereinafter.the "Palo Verde Effluent 5
Pipeline"), but not require chlorination of Effluent dis-6 posed of in the way Tolleson disposed of the Effluent before 7
entering into this Agreement, then Tolleson shall chlorinate the Surplus Effluent and APS and SRP shall reimburse Tolle-g son for its costs of chlorine used in chlorinating the Sur-g plus Effluent.
[End of Section 3]
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6/4/81 Section 4.
Use of the Surplus Effluent.
g The primary use of the Surplus Effluent purchased 2
and accepted by APS and SRP is for condenser cooling re-3 quired for generation of electric power at the Palo Verde 4
Nuclear Generating Station (hereinafter the "Palo Verde 5
Station") or any other electric generating facility that APS 6
and SRP, or either of them, may in :the future develop.
7 ees, APS and SRP shall, at all times and at their 8
sole discretion, have the right to resell or otherwise dis-g pose of the Surplus Effluent sold and delivered hereunder O
provided that such sales or other dispositions are made in compliance with all applicable laws and are not in competi-tion with sales of other Effluent by Tolleson.
[End of Section 4]
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5/29/81 N
Section 5.
Deliverv Point and Metering.
g 5.1 Surplus Effluent sold and purchased hereunder 2
shall be delivered by ' Tolleson and accepted by APS and SRP 3
at the valve that controls the flow of Surplus Effluent into 4
the Palo Verde Effluent Pipeline (hereinafter the " Delivery 5
Point") _to be installed in the interconnection between the 6
two outfall wastewater lines from the Plant to the Salt 7
- ^
8 Effluent Pipeline.
g 5.2 The parties shall cooperate in the design, 10 installation, operation and maintenance of the interconnec-tion facilities required to provide for the reliable de-livery and control-of Surplus Efflent at the Delivery Point.
All costs associated with the design, installation, con-14 struction, operation and maintenance of such facilities 15 shall be borne by APS and SRP, and the title to such facil-i ities shall be vested in APS and SRP jointly.
I 17 5.3 The quantity of surplus Effluent delivered by l
l 18 Tolleson and accepted by APS and SRP at the Delivery Point shall be measured by metering devices installed by APS anei
,0 l
SRP as close to the Delivery Point as practicable.
Such l
metering devices shall be of a design and type acceptable to Tolleson and APS ' and SRP.
The costs of such devices and 23 l
their installation, operation, maintenance, replacements, l
24 repair, betterments and calibration shall be borne by APS l
and SRP, except as otherwise provided in Section 7.3 hereof, l i
6/4/81 and the title thereto shall be vested in APS and SRP.
Pro-3 visions shall be made to permit flow meter information to be 2
continuously displayed in a panel or panels at the Plant 3
utilizing facilities and equipment as Tolleson may, at its 4
Wn expense provide, title to which shall be vested in Tol-5 leson.
5.4 In the event that the flow metering device 7
shall fail or be inoperative, Tolleson shall have the right 8
to use other in-plant flow metering equipment to determine g
the volume of Surplus Effluent delivered for billing pur-poses.
[End of Section 5]
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i 5/29/81 1
1 Section 6.
Permits and Authorizations.
g 6.1 Tolleson shall be solely responsible for 2
. securing and maintaining in force and effect any and all 3
permits and authorizations required by law for the delivery f Surplus Effluent to APS and SRP at the Delivery Point and 5
f r the discharge into the Salt River or other disposal of 6
Effluent which is not delivered to and accepted by APS and 7
SRP.
8 6.2 APS and SRP shall be solely responsible for 9
securing and maintaining in force and effect any and all permits and authorizations required by law for the transpor-tation of the Surplus Effluent from the Delivery Point to 12 the Palo Verde Station or to any other points and for any 13 uses of the Surplus Efflent that are allowed by Section 4 of 14 i
this Agreement.
Such responsibility of APS and SRP may be 15 delegated to others, but as between the parties the respon-16 sibility rests solely upon APS and SRP.
I 17 6.3 Each of the parties shall cooperate with the 1
0 l
other party in securing and maintaining in force and effect 19 the permits and authorizations required in accordance with Sections 6.1 and 6.2 hereof and shall render such assistance 21 to the other party as it or they may reasonably request.
22 Each party shall furnish to the other party a copy of each 23 permit and authorization obtained pursuant to Sections 6.1 and 6.2 hereof.
25 26 6/4/81 6.4 Should Tolleson be required by law to treat I
the surplus Effluent in a manner that results in increased 2
3 expenses to Tolleson because it is delivering the Surplus Effluent to APS and SRP under this Agreement, which expense 4
it would not have incurred if the surplus Effluent was dis-5 Posed by Tolleson into the Salt River, then APS and SRP 6
shall have the right to require Tolleson to so treat the 7
Surplus Effluent and shall reimburse Tolleson for all ex-8 penses (including without limitation any costs of plant ad-g ditions or improvements) incurred by Tolleson in providing O
such treatment.
11
[End of Section 6]
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5/29/81 Section 7.
Implementation of the Agreement.
g 7.1 Within 30 days after the effective date of 2
this Agreement, Tolleson shall designate a representative 3
and APS and SRP shall collectively designate a representa-4 tive for the purposes of (i) implementing this Agreement in 5
accordance with its terms, (ii) coordinating the engineer-ing, design and installation of the interconnecting f acil-7 ities, including without limitation the metering facilities, (iii) developing mutually satisfactory procedures for the g
installation, operation and maintenance of the intercon-necting facilities, and (iv) developing other practices ap-propriate for the implementation of this Agreement.
Either Tolleson or APS and SRP may fr'om time to time designate a 13 substitute or successor authorized representative by giving 14 written notice of such designation to the other party.
15 7.2 Within 120 days after the effective date of 16 the Agreement, the authorized representatives shall estab-l lish in writing such operating procedures and practices as they mutually shall deem to be appropriate for the delivery l
19 l
and acceptance of Surplus Effluent hereunder, including without limitation such matters as notification requirements 21 for routine operations and emergencies, access to control l
22 and measurement facilities, maintenance practices and sched-23 ules, and billing practices.
Such operating procedures and practices may be amended from time to time in writing as the 25 authorized representatives shall mutually agree.
26 i
i t
I,
I
6/4/81 7.3 The metering devices used to measure the 3
quantity of surplus Effluent delivered and accepted here-2 under shall be calibrated in a manner acceptable to the 3
authorized representatives prior to the date when such de-4 vi es are placed in service and thereafter not less fre-5 quently than once every six months.
The costs of such 6
scheduled calibrations shall be borne by APS and SRP.
The 7
authorized representative for Tolleson may request in writ-8 ing such additional calibrations as he in his sole discre-g tion deems appropriate; provided that the cost incurred by 10 APS and SRP for each such additional calibration shall be 11 reimbursed by Tolleson unless any such additional calibra-tion reveals that the inaccuracy of the metering devices is greater than + 2% in which case the cost of such additional calibration shall be borne by APS and SRP.
Copies of all records showing calibration of meters and measurements of 16 Surplus Effluent shall be delivered to Tolleson with cover letters acknowledging the records to be true copies.
[End of Section 7]
19 20 21 22 23 24 25 26 - - - - - _ _ _ _ _ _ _ _ _ _ _.
6/4/81 Section 8.
Commencement of Delivery of Effluent; Efflu-g ent Availability Charge; and Charges for Un-accepted Effluent.
The obligation to sell and deliver Surplus Effluent shall commence upon the completion of the interconnection 5
facilities between the Outfall Lines and the Palo Verde Ef-6 fluent Pipeline (hereinafter the " Completion Date").
During the period from the Completion Date through April 30, 1983, 8
Tolleson shall sell and deliver, and APS and SRP shall pur-g chase and accept, Surplus Effluent in such quantities as may O
be available and APS and SRP may requ re for testing and 11 startup of the Water Reclamation Facility (hereinafter "WRF"), for filling the reservoir at Palo Verde Station and testing, startup and operation of Unit 1 at Palo Verde Sta-14 tion.
APS and SRP shall use Tolleson Surplus Effluent for
. 15 such purposes in precedence to any other effluent from other 16 sources except to the extent that is desirable to test the 17 WRF with such other effluent.
During the period from July 1, 18 1981, through April 30, 1983, APS and SRP shall pay to Tolle-19 son an availability charge equal to S2.00 per acre-foot for 20 the quantity of surplus Effluent available for sale and de-21 livery, but not purchased and accepted by APS and SRP during 22 such period.
After April 30, 1983, Tolleson shall be obli-23 gated to sell and deliver, and APS and SRP shall be obligated 24 to purchase and accept, all surplus Effluent available from 25 time to time.
In the event APS and SRP shall, after April 30, 26
_1c_
6/4/81 1983, fail cr refuse to accept any available Surplus Ef-3 fluent for reasons other than as provided in Sections 3.3, 2
9.1 and 11.1, then APS and SRP shall be obligated to pay for 3
such unaccepted Surplus Effluent at the same price and on the same terms and conditions as would have applied if it 5
had been accepted.
6
[End of Section 8]
8 9
10 11 12 13 14 15 16 17 13 19 20 21 22 23 24 25 26
5/29/81 Section 9.
Force Majeure.
9.1 Neither Tolleson nor APS and SRP shall be considered to be in default in the performance of any of the g
obligations hereunder if failure of pe.rformance shall be due to an uncontrollable force.
The term " uncontrollable force" 5
shall mean any cause beyond the control of the party af-fected, including, but not limited to, failure of facil-ities, flood, earthquake, tornado, storm, fire,' lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, and action or nonaction by or failure to ob-tain the necessary authorizations or approvals from any 11 '
governmental agency or authority or the electorate, labor or 12 material shortage, sabotage and restraint by court order or 13 public authority, which by exercise of due diligence and 14 foresight such party could not reasonably have been expected 15 to avoid and which by exercise of due diligence it shall be 16 unable to overcome.
Nothing contained herein shall be con-17 strued so as to require either party to settle any strike or 18 labor dispute in which it may be involved.
Either party ll rendered unable to fulfill any obligation by reason of any 20 uncontrollable force shall exercise due diligence to remove 21 such inability with all reasonable dispatch.
22 9.2 Whenever uncontrollable force as defined in 23 Section 9.1 prevents APS and SRP from being able to accept 24 or use the Surplus Effluent, then Tolleson may enter into 25 temporary contracts with any other parties for sale of the 26 6/4/81 Surplus Effluent.
If Tolleson has entered into such tem-3 Porary contract, Tolleson shall be allowed up to 30 days to 2
begin delivery of the surplus Effluent to APS and SRP after 3
receiving written notice from APS and SRP that the disabil-4 ity has been removed.
5 9.3 Notwithstanding the provisions of Sections 6
9.1 and 9.2, if, after the exercise of due diligence, the, 7
Party rendered unable to fulfill an obligation remains un-8 able to remove such inability for one full year, the other g
Party may elect to. terminate the Agreement anytime there-10 after by tendering 90 days written notice of its intention to t'erminate.
[End of Section 9]
14 15 16 17 18 19 20 21 22 23 24 25 26.. -.
6/4/81 Section 10.
Interruption of Delivery of Surclus Effluent.
g Tolleson shall have the right to refuse to deliver 2
the surplus Effluent or any portion of it under the terms of 3
this Agreement when the following occurs:
4 (a)
There exists in Tolleson a critical need for 5
water to be used for domestic purposes; 6
(b)
All other reasonable sources of water have '.
7 8
~(c)
Reasonable steps have been taken to conserve g
the water supply in Tolleson; and (d)
Reasonable notice of the critical need has been given to APS and SRP.
When the critical need expires, or when other reasonable sources of water become available, - Tolleson can no longer 14 refuse to deliver Surplus Effluent under the terms of this Agreement.
Tolleson shall use its best efforts to resume delivery of Surplus Effluent hereunder at the earliest prac-tical time in the event such deliveries are interrupted in accordance with this Section 10.
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[End of Section 10]
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6/4/81 Section 11.
Affect of Outage or Malfunction on Acceptance 3
f Effluent.
2 11.1 In the event that a nonscheduled outage ("non-3 scheduled" outage meaning an outage occurring due to reasons 4
outside the control of APS and SRP), or malfunction of any mponent or system of the Palo Verde Effluent Pipeline or 6
the WRF at the Palo Verde Station, restricts the capability 7
f either of such facilities to transport or treat wastewater 8
effluent from all sources, then APS and SRP may refuse to g
ept delivery of the Surplus Effluent and shall not be re-a 10 quired to pay therefor.
It us itnderstood, however, that the Surplus Effluent from Tolleson's Plant shall be the last source of effluent that APS and SRP cut back on during such 13 outage and that APS and SRP shall not refuse to accept and pay for Tolleson's surplus Effluent to the extent that they 15 are accepting and paying for effluent from any other source.
16 Further, a nonscheduled outage which cuts off or cuts back 17 on the amount of Surplus Effluent accepted and paid for by APS and SRP shall be treated as an " uncontrollable force" as 19 defined in Section 9 of this Agreement and shall be governed 20 l
by the provisions of Section 9.
11.2 In the event that an outage as described in 12 Section 11.1 is a scheduled outage (" scheduled" outage mean-23 ing an outage that is planned and controlled by APS and 24 SRP), APS and SRP shall continue to pay for the Surplus 25 Effluent that would have been delivered during any scheduled 26 _.
6/4/81 3
outage lasting up to one year in length. Should the sched-3 uled outage continue for more than one year, from that point 2
in time, APS and SRP shall pay one-half the price that they 3
therwise would have paid for any Surplus Effluent they do 4
nt accept.
At any time that a scheduled outage continues 5
f r m re than two years, Tolleson may in its sole discretion 6
elect to terminate the Agreement by giving 90 days written 7
8 11.3 Except in emergencies, APS and SRP shall give g
90 days written notice in advance of any discontinuation of 10 acceptance of Surplus Effluent under the provision of this g
Se tion.
2
[End of Section 11]
33 14 15 16 l
17 l
18 l
19 l
l 20 1
21 22 23 j
24 25 26 5/29/81 Section 12.
Liability and Insurance.
12.1 Except for the negligence or intentional acts 2
of APS and SRP, their officers, directors, employees and agents, Tolleson shall be liable insofar as APS and SRR are concerned, for any physical daraage to property and death of, and personal injury to, anyone arising out of the ownership, use, occupancy, operation, maintenance, repair, replacement 7
and reconstruction of the Plant and the Outfall Lines, and 8
Tolleson hereby indemnifies and holds APS and SRP harmless from any cost, expense, claim or loss from such damage or injury.
11 12.2 Except for the negligence or intentional act 12 of Tolleson, its officers, managers, employees or agents, 13 APS and SRP shall be liable insofar as Tolleson is concerned 14 for any physical damage to property and death of, and per-15 sonal injury to, anyone arising out of the construction, 16 ownership, use, occupancy, operation, maintenance, repair, 17 replacement and reconstruction of the delivery facilities at 18 the Delivery Point, the Palo Verde Effluent Pipeline, the 19 facilities at Palo Verde Station, or the transportation and 20 use, resale or disposal of Surplus Effluent delivered and 21 accepted hereunder, and APS and SRP hereby indemnify and 22 hold Tolleson harmless from any cost, expense, claim or loss 23 from such damage or injury.
24 12.3 Tolleson shall procure and maintain insurance l
25 against physical damage to property and death of, and per-26 l
6/4/81 sonal injury to, persons of the kind and with coverages nor-3 mally carried by entities operating properties similar to 2
the Plant and the Outfall Lines.
Upon request, Tolleson 3
shall furnish to APS and SRP certificates of insurance demonstrating compliance with this Section 12.3.
12.4 APS and SRP shall procure and maintain insur-6 ance against physical damage to property and death of, and 7
p rsonal injury to, persons of the kind and with coverages 8
normally carried by entities operating properties similar to g
the Palo Verde Effluent Pipeline and the Palo Verde Station.
Upon request, APS and SRP shall furnish to Tolleson certifi-cates of insurance demonstrating compliance with this Sec-tion 12.4.
13
[End of Section 12]
14 15 16 17 18 19 20 21 22 23 24 25 26 s -
b 6/4/81 t
Section 13.
Inspections and Access to Records.
3 13.1 Each of the parties shall have the right, 2
during reasonable hours, of access to and inspection of the 3
facilities and operations of the other party which are as-4 s ciated with the treatment, delivery, measurement, trans-5 portation and use of Surplus Effluent sold and purchased 6
~
hereunder.
7 13.2 Each of the parties shall have the right, 8
during reasonable hours, of access to the records of the g
ther party which are relevant for proving compliance or 10 noncompliance of each of the parties with any of the terms g
of the Agreement.
[End of Section 13]
g 14 15 16 17 18 l
19 i
20 l
21 22 l
23 24 25 i
26
~25-
5/29/81 Section 14.
General.
3 14.1 Effective Date and Term.
This Agreement 2
shall be effective from and after the date of its execution 3
by the parties.
The Initial Term of this Agreement shall be the period commencing on the date of its execution by the 5
parties and expiring December 31, 2001.
The Agreement shall continue in effect and shall be binding upon the parties for 7
four successive five-year Extended Terms unless Tolleson or APS and SRP shall have given written notice cf termination g
not less than one year prior to the expiration of the Ini-tial Term or any or the three succeeding Extended Terms.
14.2 Assignment.
Neither Tolleson nor APS and SRP 12 shall transfer or assign any of their respective rights, 13 titles and interests in and to this Agreement without the 14 prior written consent of the other parties, except that (i)
APS and SRP shall each have the right to transfer and assign 16 all or any portion of its right, title and interest in this 17 Agreement to the other or to any utility participating in the Palo Verde Station or any other electric generating sta-19 tion which utilizes the Surplus Effluent sold hereunder (ii) 20 APS and SRP and any of their respective successors or as-21 l
l signs shall each have the right to transfer its right, title and interest in this Agreement to any mortgagee, trustee or 23 l
l secured party under present or future deeds of trust, mort-l 24 l
gages, indentures or security agreements.
A transfer or 25 assignment by any party shall not release that party from 26 1
l ___
5/29/81 its obligations as the primary obligor under the Agreement g
without the written consent of the other parties.
In the 2
event of any transfer or assignment of this Agreement by 3
either Tolleson or APS and SRP, the terms, covenants and conditions of this Agreement shall be binding upon and inure to the benefit and shall apply to the respective transferees, successors and assigns of Tolleson and APS and SRP.
Notwith-7 standing any other provision of this Agreement, APS and SRP 8
shall have the right, without the consent of Tolleson, to g
resell and dispose of all or any portion of the surplus Effluent delivered and accepted hereunder in such manner, 11 upon such terms and conditions and for such reuse as APS and SRP shall in their sole discretion deem appropriate within 13 the limitations of Section 4 of this Agreement.
14 14.3 Compliance with Laws.
APS ' and SRP shall use 15 the surplus Effluent delivered hereunder in accordance with 16 the applicable laws of the United States of America, the 17 applicable laws of the State of Arizona and the rules and i
18 l
regulations of the State Health Department and of the Mari-copa County Health Department; provided, however, that in 20 the event any such laws or regulations shall be amended in the future so as to make it impossible to use the Surplus 1
22 Effluent for the purposes specified in this Agreement, APS 23 and SRP shall, at their option, have the right to cancel and 24 terminate this Agreement upon giving 90 days notice in writ-25 ing to Tolleson.
In the event Tolleson is prohibited by any 26 l
l '
5/29/81 state or federal laws or regulations hereafter enacted or 3
adopted from selling effluent for the uses contemplated 2
herein, Tolleson shall have the right to cancel and termi-g nate this Agreement upon giving 90 days notice in writing to APS and SRP.
Until the notice period runs and the ter-mination becomes effective, APS and SRP shall continue to pay for the Surplus Effluent.
'14.4 Notices.
All notices, demands, consents or other writings given or, made pursuant to this Agreement shall be in writing and, unless otherwise specified herein, shall be deemed to have been duly given when made and de-11 posited in the United States mail by registered or certified mail with postage prepaid and addressed as follows:
To Tolleson:
City Manager 14 9555 West Van Buren
- Tolleson, Arizona 85353 15 To APS:
Arizona Public Service Company 16 c/o Secretary P. O. Box 21666 17
- Phoenix, Arizona 85036 18 To SRP:
Salt River Project Agricultural Improvement and Power District 19 c/o Secretary P.
O.
Box 1980 20
- Phoenix, Arizona 85001 21 The address to which any notice, demand, consent or other writing shall be given to any party may be changed from time to time by written notice of such party to the other parties as above provided.
25 26 _
5/29/81 0
14.5 Relative Responsibilities of APS and SRP.
14.5.1 APS is authorized to act for and on 2
behalf of SRP in all matters affecting the implementation 3
and performance of this Agreement for the use of the Sur-plus Effluent at the Palo Verde Station, and all actions and representations taken or made by ISS in the implementation 6
and performance of this Agreement shall be binding upon SRP.
14.5.2 In the event all or a part of the 8
Surplus Effluent is used other than at the Palo Verde Sta-9 tion,. APS and SRP shall be jointly responsible for the im-plementation and performance of this Agreement.
14.5.3 Under all circumstances, however, APS 12 and SRP shall be jointly and severally liable to perform the 13 obligations to Tolleson that are imposed by this Agreement.
14 14.6 Waivers.
The waiver by either Tolleson or 15 APS and SRP of any breach of any term, covenant or condition of this Agreement shall not be deemed a waiver of such term, 17 covenant or condition or any subsequent breach thereof of 18 any other term, covenant or. condition in this Agreement.
14.7 Resolution of Conflicts and Disputes.
Any 20 conflict or disputes in the implementation of this Agree-21 ment, procedures for implementation having been provided in 22 Section 7, shall be resolved by arbitration in accord with 23 the rules of the American Arbitration Association.
Any con-24 flicts or disputes in adjusting the purchase price of the 25 Surplus Effluent as provided in Section 2.1 and any conflict 26 - - - -
j
5/29/81 or disputes in the quantity of surplus Effluent delivered as 3
discussed in Section 2.3 shall be' resolved by arbitration in 2
accord with the rules of the American Arbitration Associa-3 tion.
No other conflicts or disputes arising out of the Agreement shall be subject to' mandatory arbitration..In all cases, the Agreement shall be interpreted according to the laws of the State of Arizona.
7 14.8 Sales and Use Taxes.
In the event the State 8
of Arizona, County of Maricopa or the federal government g
should require th'at Tolleson pay a tax resulting from the sale of Surplus Effluent to APS and SRP, then the price for the Surplus Efflent shall be increased by the amount of such tax.
In the event Tolleson shall levy a tax on the sale or use of the Surplus Effluent, then the amounts of any such 14 tax paid by APS and SRP shall be deducted from the amounts 15 t
payable under Section 2.2 hereof.
14.9 Section Headings.
Section headings -in this 17 Agreement are for convenience only and do not purport to de-scribe accurately or completely the contents of any section.
19 Such headings are not to be construed as a part of this Agreement or in any way defining, limiting or amplifying the provisions hereof.
22 IN WITNESS WHEREOF, the parties have caused this 2S Agreement to be executed and attested by their respective duly authorized officers as of the date first above written.
25 26
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5/29/81 CITY OF TCLLE3ON 1
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B tity Clerk'
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7 App: roved as t Form
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Citr Attorney f
10 11 ARIZONA PUBLIC SERVICE CONPANY
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(Title) President
_ ( Title ) WM. T. QUIN 5LER, SECRETARY 4
APPROVED 15 AS TO FORM Gy
%8fM 16 For SNELL & WR.MIR SALT RIVER PROJECT AGRICULTURAL Daff- -. % 1.fi[N.
IMPROVEMENT AND POWER DISTRICT 17 ATTESTyc= L ur<1rs.51v
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Secreary L(Titte)
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STATE OF ARIZONA
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county of Maricopa
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2 On this the /3th day of
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3 before me, the,'31ndersigned Notary Public, personally appeared
/JWeo o [ HEAwEitit and ES;W e An*, *L e 4
who acknowledged,themselves to be the Mayor and City Clerk of the CITY OF TOLLESON, ARIZONA, a municipal corporation, 5
' and that they as such officers, being authorized so to do, executed the foregoing instrument for the purposes therein 6
contained by signing the name of CITY OF TOLLESON, ARIZONA, by themselves as such Mayor and City Clerk.
IN WITNESS WHEREOF, I hereunto set my hand and of-8 ficial seal.
9 4%W w_
10 Notary Public
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11 My Commission Expires:
g2 My Commission Erpires Jan. 29.1984 13 STATE OF ARIZONA
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County of Maricopa
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i On this the N day of -
, 19 [/
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16 before me the undersigned Notary Public, person g y' appeared A C 4 ?
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i 17 who acknowtpdged sthemselves to be the MJmE+
and
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6u AM of ARIZONA PUBLIC SEJWICE COM-18 PANY, an Arizona corporation, and that they as such offi-cers, being authorized so to do, executed the foregoing in-19 strument for the purposes therein contained by si i_ng the name of-the company by themselves as such m/A< u -
n 20 and
( Jtwid U
21 IN WITNESS WHEREOF, I hereunto set my hand and of-ficial seal.
22 23
,i$A, ex M Notary Public g
24 My Commission Expires:
25 MyCom s *,tr+M Nm> 0 M07 26 5/29/81 STATE OF ARIZONA
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County of Maricopa
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On this the 9-day of j e. 4 </
, 19 f I,
3 before me, the undersigned Notary Public, personally appeared K ARU F. ABEC and Pwr n emp 4
who acknowledged themselves to be the memore and Srcrn,2.,,
of the SALT RIVER PROJECT AGRI-5 CULTURAL IMPROVEMENT AND POWER DISTRICT, an agricultural improvement district organized and existing under the laws 6
of the State of Arizona, and that they as such officers, being authorized so to do, executed the foregoing instrument 7
for the purposes therein contained by signing the name of the company by themselves as such rse=> = "i 8
and accretary 9
IN WITNESS WHEREOF, I hereitnto set my hand and official seal.
10 f
f 11 Notary Public 12 My Commission Expires:
13 Uf ommissien Expnes May 3l1983 C
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12/4/81 o
AMENDMENT #:. TO TEE AGREEMENT FOR THE 3
2 SALE AND PURCHA3E OF WASTEWATER EFFLUENT 3
4 THIS AMENDMENT #1 TO THE AGREEMENT FOR THE SALE 5
AND PURCHASE OF WASTEWATER EF.?LUENT (" Amendment #1"), dated 6
June 12, 1981, made and entered into as of the 12th day of 7
November, 1981, by and between the City of Tolleson, a 8
municipal corporation organized and existing under and by 9
virtue of the laws of the State of Arizona ("Tolleson") and 10 Arizona Public Service Company, a corporation organized and 11 existing under and by virtue of the lhws of the State of 12 Arizona ("APS") and Salt River Project Agricultural Improve-13 ment and Power District, an ngricultural improvement dis-14 trict organized and existing under and by virtue of the laws 15 of the State of Arizona ("SRP'- ).
16 W I T N E S S E T H:
17 WHEREAS, since June 12, 1981, the date of the l
18 Agreement for the Sale and Purchase of Wastewater Effluent l
19 (the " Agreement"), Tolleson his proceeded with its expansion 20 of its wastewater treatnent plant (the " Plant") as described i
21 in the Agreement and the installation of a new outfall line l
l 22 from the Plant to the falt River is currently in progress 23 and scheduled for completion p rior to the end of 1981; 24 WHEREAS, the engine'! ring and design of the facili-25 ties required to establish a temporary and permanent inter-l 26 connection between the '.?ollescn Outfall Lines (as defined in l
l
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1 Section 5.1 of tha Agreement) and ths Palo Vords Effluent 2
Pipeline (as definec ir Section 3.5 of the Agreement) have 3
been completed and shov that the provisions of Section 5.2 4
of the Aareement are inappropriate; and 5
WHEREAS, tne partie5 desire to amend said Section 6
5.2 to provide that (i) those interconnection facilities 7
which are integral parts of the Tolleson Outfall Lines, 8
namely the Tolleson Junction Box and Associated Facilitias, l
9 as hereinafter defined, shall be owned, operated and main-10 tained by Tolleson and (ii) those facilities that are inte-11 gral parts of the Palo Verde Effluent Pipeline, namely the 12 ANPP Pipeline and Associated Facilities, as hereinafter de-13 fined, shall be owned, operated and maintained by APS and 14 SRP, their successors and assigns, and to further establish 15 the responsibilit.ies of the parties for the construction and 16 installation of ;;uch facilities and such temporary facili-17 ties as may be required, the furnishing of materials there-18 for and the payment of the couts thereof:
19 NOW THEREFORE, in consideration of the premises 20 and the mutual covenants, terms and conditicas hereinafter 21 provided, the parties agree to amend Section 5.2 of the 22 Agreement to read in its entirety as follows:
23 "5.2.1 Tolleson shall own, operate and maintain 24 the Tolleson Junction 13ox and Associated Facilities which 25 shall include the following inems:
26 a.
Tolleson Junction Box and the weir and three..o
12/4/81 manual sluice gates situated therein; 3
b.
Anchor block adjacent to the Tolleson Junc-2 tion Box; 3
4 c.
18-feet of the new 48-inch pipe connected to the inlet side of the Tolleson Junction Box; 5
6 d.
Approximately 15 feet of the new 42-inch pipa connected to the outlet side of the Tolleson 7
8 Junction Box; 9
e.
Manhole and stub pipe required to connect 10 the new 42-inch pipes connected to the inlet and outlet side s of the manhole; 11 12 f.
Tolleson Junction Structure Box; 13 g.
All othe.: port:.ons of the new Tolleson Out-14 fall Line; 15 h.
The portion of the existing Tolleson Outfall 16 Line (30-inch) within the Tolleson Junction 17 Box; 18 i.
All other portions of the existing Tolleson 19 Outfall Line; and 20 j.
Temporary faci..ities installed in the Tolle-21 son Junction Box to permit installation of 22 the manual sluice gate on the existing Tol-23 leson Outfall Line; 24 all as depicted on drawing nos. AO-W-ZlC-150 Rev. 2 and 25 AO-W-Z1C-151 Rev.
2, attached hereto as Appendix A, which 26 facilities are integral parts of the Tolleson outfall Lines.
' Sa
't
12/4/81 "S.2.2 AF5 and SRP. their successors and assigns 3
2 shall own, operate and maintain the ANPP Pipeline Junction Box and Associated Facilities which shall include the fol-3 4
lowing items:
ANPP Pipeline. unction Box and all facilities 5
a.
6 and equipment situated therein; 7
b.
30-inch pipe between the ANPP Pipeline Junc-tion Box and the Tolleson Junction Box; 8
9 c.
Motorized sluice gate situated in the Tolle-10 son Junction Box (also referred to as a 11
" valve" in Section 5.1 hereof);
12 d.
Flow metering equipment, including without 13 limitation sucn devices as may be necessary 14 for transmission of flow meter data to the 15 control panels in the Plant; and 16 e.
Temporary bypass facilities, if any, in-17 stalled to bypass the Tolleson Junction Box, 18 including withouf. limitation the pipe and 19 fittings requi::ed to connect items e and f 20 and a su.ap pum? located in item f (all re-21 ferred to in Section 5.2.1);
22 all as depicted in Appet. dix A, which facilities are integral 23 parts of the Palo Verde Effluent Pipeline.
24 "5.2.3 Tolleton shall be responsible for the con-25 struction and installation of items e, f, g and i listed in 26 Section 5.2.1.
Tollesos shal'. engage Kip Construction Com-
.4 e47 a
12/4/81 1
pany to construct and install items e, f and g and shall 2
procure items c and d in accord-nce with plans and specifi-3 cations prepared by its engineering consultants, Brown and 4
Caldwell.
5 "5.2.4 APS and SRP shall be responsible for the 6
construction and instal 2ation of all items listed in Section 7
5.2.2.
With respect to items listed in Section 5.2.1, APS 8
shall be responsible for the construction and installation 9
of items a and j, the removal and replacement of item b, the 10 installation of items c and d using pipes and fittings fur-11 nished by Tolleson and the renoval of item h, all in accor-12 dance with the plans and spec:'.fications prepared by Bechtel 13 Power Corporation.
14 "5.2.5 APS and SRP shall not be required to pro-
'5 cure, construct or install itam e listed in Section 5.2.2 16 unless and until 30 days after receipt of written notice 17 from Tolleson that (i) such facilities are required because 18 flows from the Plant will exceed the capacity of the existing 19 Tolleson outfall Line and (ii) Tolleson shall have completed 20 construction of all of items e, f and g listed in Section 21 5.2.1 and APS and SRP shall not have completed all work re-22 quired pursuant to Section 5.2.4 for the operation of the l
23 new Tolleson outfall Line.
24 "S.2.6 Tolleson shall pay the costs of procure-25 ment, construction and installation of all items listed in 26 Section 5.2.3; provided that APS and SRP shall reimburse
-S-
Tolleson witio n 30 days after receipt of Tolloson's invoice i
2 or invoices for such costs in:urred by Tolleson in connec-3 tion with item e and for all engineering fees associated 4
with the design, plan review and change order preparation 5
associated with the items li:;ted in Section 5.2.1 except 6
items g and i.
7 "5.2.7 APS and SRP shall pay all costs associated 8
with all items listed in Section 5.2.4; provided that Tol-9 leson shall pay the costs of procurement and delivery to the 10 site of the pipes and fittings for items c and d listed in 11 Section 5.2.1.
12 "5.2.8 The parties shall cooperate in the con-13 struction, installation, operation and maintenance of the 14 facilities, equipment and work described in or required to 15 be performed pursuant to this Section 5 in ;,rder to provide 16 for the reliable delivery and control of Surplus Effluent at 17 the Delivery Point."
18 All other provisions of the Agreement shall remain 19 in full force and cffect.
20 IN WITNESS WHEREOF, the parties have caused this 21 Amendment #1 to be executed ar.d attested by their respective 22 duly authorized officers as of the date first above written.
23 ATTEST:
24 hf,
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12/4/81 1
Reviewed By 3
City Manager
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APP oved as to Form I
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- v'1 C1V Attorney j
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ARIZONA PUBLIC SERVICE COMPANY ATTEST:
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4_..IMI ROVEMENT AND POWER DISTRICT 14 ATTEST &Cp0NTERSIGN.
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12/4/81
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STATE OF ARIZONA l
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s.s.
2 County of Maricopa 3
On this the 14_th day of Dece::ber 19 81 before me, the undersigned Notary Public, personally ap-4 peared ws c-3 uo -,.,
and Esther Anm21o who acknowledged themselves to be the Mayor and 5
City Clerk of the CITY OF TOLLESON, ARIZONA, a municipal corporation, and that they as such officers, being author-6 ized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of CITY OF 7
TOLLESON, ARIZONA, by themselves as such Mayor and City Clerk.
8 IN WITNESS WHEREOF, I hereunto set my hand and of-9 ficial seal.
f liS
?00 11 Noeary Public -
My Commission Expires:
12 March 27,1984 13 14 15 STATE OF ARIZONA
)
)
ss.
16 County of Maricopa
)
0 17 On this the 66 day of
%h4 19 ?A,
before me,. sthe undersh;ned Notary Public, personally ap-la peared 7..., r '.'
J.
t and who acknowled ;ed th. mselves to be the / /> 4, /w uk/t.r 19 and of ARIZONA PUBLIC SERVICE COMPANY, an Arizona corporation, and that they as 20 such officers, being a'ithori:;ed so to do, executed the foregoing instrument fo r the surposes therein contained by 21 signing the name of tr e comp any by themselves as such
' G,
,, - : J.. t and 22 23 l ficial seal.
IN WITNESS WHI.REOF, I hereunto set my hand and of-
,w[a h. kc.lm 24 25 My Commission Expires:
' M Cce..n., E. ;hs A;r.l.1.1932
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12/4/81
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1 STATE OF ARIZONA
)
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ss.
2 County of Maricopa
)
3 On this the,OL day of 2t/
19 f7 4
before me, the undersiened Nc tary Public, personal 4y ap-peared 7-Ao f? l, [r,,,
and A d.O f, z ;.,
vno acknowleilged themselves to be the eGe 5
P/.eAJ and h -,. <
of the SALT RIVER PROJECT AGRICULTURAL II' PROVf; MENT AND POWER DISTRICT, an 6
agricultural improvemen district organized and existing under the laws of the 5 tate cf Arizona, and that they as 7
such o fficers, being authoris ed so to do, executed the foregoing instrument fo:
the purposes therein contained by a signing ty name.o f the company by themselves as such
/' 6 r G 1 lu. 7 and k
D.o 9
W IN WITNESS WHEREOF, I hereun'to set my hand and 10 official seal.
11 M
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Notary Public 12 My Commission Expires:
s 13 My Cem.manion Egret Mar. 15.1933 14 15 16 17 13 19 20 21 l
22 23 24 25 26 l
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, 0 Affidavit of Jack Muir, dated January 12, 1982 i
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