2006-01-24 Kennard Interlocal Agreement-SewerRESOLUTION 2006 - 2
COUNCIL MEMBER BIFFAR INTRODUCED THE FOLLOWING RESOLUTION. '
WHEREAS the City of Blair, Nebraska, has been presented with an Interlocal Agreement
between the City of Blair, Nebraska, and the Village of Kennard, Nebraska, providing for the
treatment of wastewater by the City of Blair from the Village of Kennard, Nebraska.
WHEREAS, the terms and conditions thereof are acceptable to the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, that the Interlocal Agreement attached hereto, marked
Exhibit "A" and by this reference made a part of hereof as though fully set forth herein is hereby
approved by the City of Blair, Nebraska.
BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE
CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and deliver, on behalf of the
City of Blair, Nebraska, any documents that may be necessary for approval of said agreement.
COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE.
UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL,
FANOELE, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE", AND
COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE
FOREGOING RESOLUTION PASSED AD ADOPTED THIS 24' DAY OF JANUARY,
2006.
CITY OF BLAIR, NEBRASKA
J MES . REALPH, MAYOR
ATTEST:
6,�4, o�&,
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified and
acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution
was passed and adopted at a regular meeting of the Mayor and City Council of said City held on
the 24th day of January, 2006.
"�6 i1 _CIJU64--'-
BRENDA R WHEELER, CITY CLERK
WASTEWATER TREATMENT AGREEMENT
This Agreement made this day of 11 zr' 2W L, by and between the
Village of Kennard (hereinafter called Kennard) and the City of Blair (hereinafter
called Blair), is for the purchase of wastewater treatment service.
WITNESSETH THAT:
WHEREAS, Blair has constructed a wastewater treatment plant with ample
capability and capacity to treat municipal wastewater from both Blair and Kennard
and is agreeable to provide treatment service to Kennard for a fee; and
WHEREAS, Kennard has completed a Facilities Plan Study/Engineering
Report of their wastewater collection and treatment needs, projected over the next
40 years, and after review of the possible alternatives of meeting the treatment
needs in the future, has selected the Study option of conveying its wastewater to
Blair for treatment and is agreeable to purchase treatment service from Blair; and
WHEREAS, Kennard intends to construct pumping and conveyance facilities
to transport its wastewater to Blair's wastewater treatment plant for treatment;
and
WHEREAS, it is to the mutual advantage of the parties hereto and in the
general public interest for the wastewater from both parties to be treated at Blair's
wastewater treatment plant; and
WHEREAS, the terms of this Agreement for the sale and purchase of
wastewater treatment service is authorized by law.
NOW, THEREFORE, in consideration of these facts, the parties hereto do
mutually agree as follows:
1. For the services hereinafter stipulated to be performed by Blair,
Kennard shall make payment of user fees accordingly.
2. Blair shall provide wastewater treatment services to the residents
located within the corporate limits of the Village of Kennard and its
Planning Area, as shown on Exhibit A, not to exceed an average daily
flow of 100,000 gallons, calculated annually. This Agreement covers
the growth for Kennard projected in JEO's report dated May 5, 2005.
Development and connection to the wastewater system for any
additional area outside of the corporate limits or Planning Area being
annexed is not authorized without prior amendment of this service
Agreement or establishment of a new wastewater treatment service
Agreement.
3. In order to reach Blair's treatment facilities, Kennard shall construct,
operate, and maintain all necessary pumping stations and conveyance
force mains between Kennard and the connection point at Blair's
wastewater collection system located on the northwest corner of
County Road 26 and Highway 30.
Kennard shall construct the flow monitoring at Kennard's lift station.
Blair shall review and approve the point of connection and the design
and layout of the flow monitoring device. Operation and maintenance
of the flow monitoring device shall be the sole responsibility of
Kennard. All electrical power to operate flow monitoring shall be
provided by Kennard. Sampling to occur by utilizing a portable
wastewater sampler with all costs to be paid by Kennard.
4. In order to treat Kennard's wastewater, Blair shall construct, operate,
and maintain its wastewater treatment facilities in compliance with its
NPDES operating permit and in accordance with environmental
regulatory requirements imposed by the United States Environmental
Protection Agency or the Nebraska Department of Environmental
Quality.
5. Charges for wastewater treatment service shall be based on volume
measurements made and recorded at the connection station, and shall
be billed monthly by Blair and invoiced to Kennard. Sewer user fees,
including appropriate abnormal strength charges, if any, shall be
based on the rates contained in the User Fee System, attached as
Exhibit B. City User Fee System may be adjusted from time to time in
the future as necessary for Blair to meet operating expenses of its
wastewater treatment utility. Any increase or decrease in such rates
shall be based on a demonstrable increase or decrease in the cost of
performance hereunder, but such costs shall not include increased
capitalization of Blair's system, which does not relate to the treatment
of Kennard's wastewater. However, the rate adjustments charged to
Kennard shall be fair and commensurate with the rate adjustments
charged to its other municipal customer classes.
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6. Monthly billing charges shall be calculated based on the total volume
of wastewater measured by the flow meter during the billing period,
multiplied by the prevailing flow charge per unit volume, established
in Exhibit B. Additional charges shall be billed on abnormal strength
wastewater conveyed by Kennard to Blair, which are determined to
have strengths greater than 200 mg/l CBOD and/or 250 mg/1
suspended solids for 24 hour composite samples and 250 mg/1 CBOD
and/or 290 mg/1 suspended solids for grab samples. If wastewater
strength exceeds the prevailing strengths for two consecutive quarters,
Blair shall notify Kennard in writing and Kennard shall be considered
in violation of this Agreement and must find the source and have it
corrected within sixty (60) days of mailing notice.
7. Kennard shall be responsible for the payment of the entire monthly
invoice amount in a prompt manner. Payments shall be due to Blair
within thirty (30) days after the date of the invoice. If full payment is
not received by Blair by sixty (60) days after the invoice, delinquent
interest on any unpaid balance shall be assessed at the rate of eight
percent (8 %) per annum from the date of the invoice. Failure to make
payment within ninety (90) days shall be considered just cause for
Blair to terminate this Agreement.
8. This Agreement shall extend for a term of twenty (20) years from the
date of the initial treatment of any wastewater as shown by the first
bill submitted by Blair to Kennard. This Agreement will automatically
be renewed for an additional twenty (20) years without notice unless
terminated by Kennard in writing three (3) years prior to the
expatriation of the initial twenty (20) year term of this Agreement.
Blair must notify Kennard in writing no less than thirty -three (33)
months prior to the expiration of the agreement if it does not wish to
renew the agreement.
9. This is an Agreement between the named parties hereto, enforceable
only by them or their successors or assigns. No third party
beneficiaries are created or allowed to enforce this Agreement or claim
damage for its breach
10. Kennard shall be responsible for the construction, operation,
maintenance, and ownership of facilities which comprise its collection
and conveyance system and future additions thereto, and shall retain
all contractual and managerial obligations associated with such system
and facilities.
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11. Blair shall be responsible for the construction, operation, maintenance,
and ownership of facilities which comprise its wastewater treatment
system and future additions thereto, and shall retain all contractual
and managerial obligations associated with such system and facilities.
12. Kennard shall control all wastewater connections made to its collection
or conveyance system. Current records shall be maintained by
Kennard of all connections and shall be made available to Blair upon
request from the Director of Public Works of the Blair Department of
Utilities. New connections shall be limited to sanitary wastewater
only and shall not exceed the strength limitations included in
Paragraph 6. Kennard shall not permit any storm water connections
of any kind, either direct or indirect, to be made to its collection or
conveyance system. All new collection lines shall be constructed in
accordance with Nebraska Department of Environmental Quality
(NDEQ) standards with regard to allowances for acceptable
groundwater infiltration rates.
13. This Agreement is intended for sanitary wastewater only, although it
is acknowledged that some infiltration and inflow of groundwater and
storm water may occur in the collection system and be included in
Kennard's total volume of wastewater conveyed to Blair for treatment.
In order to keep the volume of groundwater and storm water to
acceptable NDEQ allowances, Kennard shall make a reasonable effort
to eliminate any storm water volume from entering its collection
system through any direct or indirect connection such as surface
drains, ditches, streams, storm sewers, roof drains, or foundation
drains. Kennard shall attempt to eliminate known storm water
connections and eliminate groundwater infiltration volumes beyond
NDEQ acceptable standards within the first ten (10) years. If Blair
finds unacceptable storm water connections or groundwater
infiltration volumes, it may give written notice to Kennard to correct
within three (3) years or the Agreement shall terminate.
14. Kennard shall, with respect to property owned by or under its control,
allow Blair and such personnel from the State or Federal agencies,
upon presentation of proper credentials to inspect and sample any
discharge point for pollutants. Kennard shall, when requested under
reasonable circumstances, assist Blair's personnel in making such
inspection and inquiry of the property of users within the boundaries
or jurisdiction of Kennard.
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15. Kennard agrees to conform with and enforce all minimum standards,
ordinances, rules, regulations, and requirements of Blair and the State
of Nebraska and all Federal laws, rates, and regulations regarding 1)
Industrial Cost Recovery for industries within or connected to
Kennard's system, and 2) wastewater discharges, including limitations
and prohibitions, monitoring, and reporting within Kennard's system.
Wastewater conveyed to Blair from within Kennard's system shall be
in conformity with current regulations pertaining to sewers or
wastewater within Kennard and/or in accordance with all State and
Federal laws, rules and regulations, whichever is most restrictive.
Wastewater not in conformity with such rules and regulations shall
not be permitted to flow through the wastewater system of Kennard
and be conveyed to Blair for treatment.
16. All industries, whether existing or new, within Kennard's collection
system, that are required to obtain a Pretreatment Permit under
NDEQ Title 127, shall file flow and waste strength characteristic
reports to both Kennard and Blair every January and June of each
year. Kennard shall require these industries to provide 24 hour flow
proportion composite samples for analysis by a certified commercial
laboratory. These samples shall be representative of a normal average
production day of the industry sampled. All costs shall be borne by the
industry sampled that are also incurred by the City of Blair. Any and
all penalties or fines levied as a result of violation of the Pretreatment
Permit shall be borne by the industry in violation. The costs for the
sampling and testing shall be born by the industry. Any costs incurred
by Kennard or Blair on behalf of the industry for this sampling and
testing shall be reimbursed by the industry.
17. Both parties agree to abide by any changes in this Agreement made
necessary by revisions or additions to State or Federal regulations, or
Blair's wastewater National Pollutant Discharge Elimination System
Permit.
18. Any fines or penalties imposed upon Blair by any Federal or State
agency or any court for effluent or biosolids pollution shall be paid by
Kennard to the extent, if any, that the effluent or biosolids or other act
causing such fine or penalty was caused or contributed to be caused by
Kennard or its customers.
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19. Neither party shall be liable to the other for any delay or failure of
performance of this Agreement to the extent that such failure or delay
is made necessary by an event of Force Majeure. The term Force
Majeure as used herein shall mean any cause beyond the control of the
party affected including, but not limited to, acts of God, legislation,
lawful regulations of any government body, or court order, acts of civil
or military authority, acts of the public enemy, riots, insurrections,
strikes or labor disputes, fires, explosions, flood, severe weather, or
mechanical breakdowns.
20. If any portion or portions of this Agreement is or are declared illegal or
invalid, all other portions shall, to the maximum extent possible,
remain in full force and effect.
21. This agreement and any part thereof shall be governed under
Nebraska Law. Any dispute between the City of Blair and the Village
of Kennard arising out of this agreement shall be brought only in a
court system of Washington County, Nebraska and said court shall be
the sole forum for any such legal action between these parties.
However, any dispute that involves the USDA shall be brought n the
United States Federal District Court located in Omaha, Nebraska but
shall be governed by Nebraska Law if applicable.
22. All provisions of this contract and each and every document that shall
be attached shall be strictly complied with as written, and no
substitution or change shall be made except upon written direction
from authorized representative.
23. All notices required by this Agreement must be made in writing and
executed by the individual(s) authorized to do so.
24. Notices to Blair shall be delivered to the City of Blair at the following
address:
Director of Public Works
218 South 16th Street
Blair, NE 68008- 1674
or such other person or address as may be designated by Blair.
,�
Notices to Kennard shall be delivered to the Village of Kennard at the
following address:
Village of Kennard
Board Chairperson
PO Box 151
Kennard, NE 68034 -0151
or such other person or address as may be directed by Kennard.
25. The construction of the wastewater improvements by Kennard is being
financed by a loan and grant from the United States of America, acting
through the Rural Utilities Services (Rural Development) or its
successor Agency, United States Department of Agriculture, and the
provisions hereof pertaining to the undertakings of Kennard are
conditioned upon securing such financing and the approval, in writing
of the State Director of Rural Development. This Agreement will be
pledged to the USDA Rural Development as part of the security for
this financial assistance.
26. In the event of any occurrence rendering Kennard incapable of
performing under this Agreement, any successor of Kennard whether
by legal process, assignment, or otherwise, shall succeed to the rights
of Kennard hereunder.
IN WITNESS WHEREOF, the parties hereto have caused there presents to
be executed by the proper officials thereto, duly authorized as of the dates below
indicated.
EXECUTED BY THE VILLAGE OF KENNARD, NEBRASKA, this day
of / rC2 ,
6e) `7
VILLAGE OF KENNARD
By: —
et — E - d1f6h PEARSON
Village Board Chairperson
ATTEST:
4ANELLE CRONE, Village Clerk
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®, EXECUTED BY THE CITY OF BLAIR, NEBRASKA, this day of
1) o(114 2 • 6 4
CITY OF BLAIR
ATTEST:
BRENDA R. WHEELER, City Clerk
By
JAMES REALPH
ayor
4 This Agree ent is approved on behalf of USDA Rural Development this
�2 day of
By:
E. SCOT BLEHM
State Director
VILLAGE OF KENNARD, NEBRASKA PLANNING AREA
As per the Facility Plan as developed by JEO engineers in Lincoln, Nebraska dated
May 5, 2005.
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VILLAGE OF KENNARD WASTEWATER RATES AND CHARGES
Customer Charge: $ 100.00 per month
Volume Charge: $ 0.70 /ccf
Surcharge:
BOD: Equivalent to rate in City Blair Sewer Rate Ordinance in effect
at '-,he time the flow exceeds the strength permitted in
Paragraph 5 of the Agreement.
SS: Equivalent to rate in City of Blair Sewer Rate Ordinance in
effect at the time the flow exceeds the Strength permitted in
Paragraph 5 of the Agreement.
BOD and SS surcharges in effect on the date of the Agreement are as follows:
BOD: $0.25/lb.
SS: $0.25/lb
Connection fee due at time of connection $23,000
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