2007-07-10 Ft Calhoun Interlocal Agreement-SewerRESOLUTION 2007 - 42
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 City of Fort Calhoun, Nebraska, providing for the
treatment of wastewater by the City of Blair from the City of Fort Calhoun, 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 SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR.
UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL,
FANOELE, ABBOTT, BIFFAR, WOLFF AND CHRISTIANSEN VOTING "AYE ", AND
COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE
FOREGOING RESOLUTION PASSED AD ADOPTED THIS 10 DAY OF JULY, 2007.
CITY OF BLAIR, NEBRASKA
B --1 Q 6::::�
' %, E. REALPH MAYOR
ATTEST:
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 10th day of July, 2007.
BRENDA R. WHEELER, CITY CLERK
WASTEWATER TREATMENT AGREEMENT
This Agreement made this day of Tu IY 2007, by and between the
City of Fort Calhoun (hereinafter called Fort Calhoun) 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 Fort
Calhoun and is agreeable to provide treatment service to Fort Calhoun for a fee;
and
WHEREAS, Fort Calhoun has completed a Facilities Plan Study /Engineering
Report of their wastewater 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, Fort Calhoun intends to construct pumping and conveyance
facilities to transport its wastewater to Blair's wastewater collection system and
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,
Fort Calhoun shall make payment of user fees accordingly.
2. Blair shall provide wastewater treatment services to the residents
located within the corporate limits of the City of Fort Calhoun and its
Planning Area, as shown on Exhibit A, not to exceed an average daily
flow of 250,000 gallons, calculated annually. This Agreement covers
the growth for Fort Calhoun projected in The Schemmer Associates
report dated March 2007. 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, Fort Calhoun shall
construct, operate, and maintain all necessary pumping stations and
conveyance force mains between Fort Calhoun and the connection
point at Blair's wastewater collection system located on the northeast
corner of Industrial Park Drive and Highway 30 as shown on
Exhibit `B"
4. Fort Calhoun shall construct a flow - monitoring device at Fort
Calhoun's connection point delivery 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 Fort Calhoun. All electrical
power to operate flow monitoring shall be provided by Fort Calhoun.
Sampling to occur by utilizing a portable wastewater sampler with all
costs to be paid by Fort Calhoun.
5. In order to treat Fort Calhoun'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.
6. Charges for wastewater treatment service shall be based on volume
measurements made and recorded at the connection point delivery
station, and shall be billed monthly by Blair and invoiced to Fort
Calhoun. 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 C. 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 treatment hereunder, but such costs shall not include
increased capitalization of Blair's system, which does not relate to the
treatment of Fort Calhoun's wastewater. However, the rate
adjustments charged to Fort Calhoun shall be fair and commensurate
with the rate adjustments charged to its other municipal customer
classes.
2
7. 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 C. Additional charges shall be billed on abnormal strength
wastewater conveyed by Fort Calhoun to Blair, which are determined
to have strengths greater than 200 mg /l CBOD and /or 250 mg/l
suspended solids for 24 hour composite samples and 250 mg /l CBOD
and /or 290 mg /l suspended solids for grab samples. If wastewater
strength exceeds the prevailing strengths for two consecutive quarters,
Blair shall notify Fort Calhoun in writing and Fort Calhoun shall be
considered in violation of this Agreement and must find the source and
have it corrected within sixty (60) days of mailing notice.
8. Fort Calhoun 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.
9. 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 Fort Calhoun. This Agreement will
automatically be renewed for an additional twenty (20) years without
notice unless terminated by Fort Calhoun in writing three (3) years
prior to the expiration of the initial twenty (20) year term of this
Agreement. Blair must notify Fort Calhoun in writing no less than
forty -eight (48) months prior to the expiration of the agreement if it
does not wish to renew the agreement.
10. 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
11. Fort Calhoun 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
systems and facilities.
3
12. 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.
13. Fort Calhoun shall control all wastewater connections made to its
collection or conveyance system. Current records shall be maintained
by Fort Calhoun 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. Fort Calhoun 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.
14. 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 Fort
Calhoun'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, Fort Calhoun 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. Fort Calhoun 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 Fort Calhoun to
correct within three (3) years or the Agreement shall terminate.
15. Fort Calhoun 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. Fort Calhoun 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 Fort Calhoun.
in
16. Fort Calhoun 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, rules, and regulations
regarding 1) Industrial Cost Recovery for industries within or
connected to Fort Calhoun's system, and 2) wastewater discharges,
including limitations and prohibitions, monitoring, and reporting
within Fort Calhoun's system. Wastewater conveyed to Blair from
within Fort Calhoun's system shall be in conformity with current
regulations pertaining to sewers or wastewater within Fort Calhoun
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 Fort Calhoun and be conveyed
to Blair for treatment.
17. All industries, whether existing or new, within Fort Calhoun'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 Fort Calhoun and Blair every January
and June of each year. Fort Calhoun 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 Fort Calhoun or Blair on behalf of the
industry for this sampling and testing shall be reimbursed by the
industry.
18. 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.
19. 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
Fort Calhoun 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 Fort Calhoun or its customers.
5
20. 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.
21. 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.
22. This agreement and any part thereof shall be governed under
Nebraska Law. Any dispute between the City of Blair and the City of
Fort Calhoun 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 in the
United States Federal District Court located in Omaha, Nebraska but
shall be governed by Nebraska Law if applicable.
23. 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.
24. All notices required by this Agreement must be made in writing and
executed by the individual(s) authorized to do so.
25. 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 Fort Calhoun shall be delivered to the City of Fort Calhoun
at the following address:
Fort Calhoun
Mayor
110 South 14th Street
Fort Calhoun, NE 68023
or such other person or address as may be directed by Fort Calhoun.
26. The construction of the wastewater improvements by Fort Calhoun is
being financed by a loan 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 Fort Calhoun are
conditioned upon securing such financing and the approval, in writing
of the State Director Rural Development. This Agreement will be
pledged to the USDA Rural Development as part of the security of this
financial assistance.
27. In the event of any occurrence rendering Fort Calhoun incapable of
performing under this Agreement, any successor of Fort Calhoun
whether by legal process, assignment, or otherwise, shall succeed to
the rights of Fort Calhoun hereunder.
IN WITNESS WHEREOF, the parties hereto have caused these presents to
be executed by the proper officials thereto, duly authorized as of the dates below
indicated.
EXECUTED BY THE CITY OF FORT CALHOUN, NEBRASKA, this
day of , 2007.
CITY OF FORT CALHOUN
By:
PAUL OESTMANN
Mayor
ATTEST:
LINDA WELSHER, City Clerk
7
EXECUTED BY THE CITY OF BLAIR, NEBRASKA, this day of
J , 2007.
CITY OF BLAIR
By. 0
ES REALPH
Mayor
ATTEST:
A toll I . UU
BRENDA R. WHEELER, City Clerk
This Agreement is approved on behalf of USDA Rural Development this /)
day of T 4. V , 2007.
By:
E. SCOT BL 64M
State Director
E'9
� "Mile
641
an
- � 1 \ .'.• ', i � tr, - � _ ��` - I 907 n
4, '.. t r^-�� / I - i - '�! I �'•\�` it
fil tl ..i .+ �- � I I S .LN 3l• * � � 5�i`• � _ _ li
Q I � _ ;- - . �• I � ` '' . � I I i ' •
1 IBil -Lo I anding Str p
45 95
kt
J
, i I
1
I _
t l �� ; Il s • r �'• I _ - _ ��...�:�� -•. - 'Il
� I
� I�1 ' � III `, ' `.� _ _- �Y { �'._ � •.
(f • I°
�,. ' - � i ■ / I, { Q � : v , •� !'`'■� I a I, \ I I
�~1j��1� 1 L: V�jj /llf�l� 1' L ■ ` i ! n I�'� , #+ ��{ - ! i ■
11� o i i i i •I �� I ' �� �'a_■� IQ(i 1
AN
1
} `'� � { ` :. 4 c •; � 71.11 D'r5po5al Fonds
7,41 lu96
t
k ., -.....
lar �
'� '�"' ; '•� ' � � } I I + .�� ; i / .. / tom! '.,.°"�-� i"• � n� � 3 � �•.1'S � � � I
a.
155 �,✓` / . f 5
ll 1 \�
3
0.25
•;„ jles� - 1 •l ISrL i � .�, +;,I Ii "; . �r ' \ t ,
Exhibit A
Leg
end Fort Calhoun Sewer Conveyance Line
ME Planning Area Limits Facility Plan - Planning Area
I
05/23/2007
.,� SCHEMMER
TSA Proleot: 03453.04 i
O
0
C
j
0 CD
N o
o
{I�
E 0_ f
V
CIF o
1008
l
� II
0
N I
O �O
OO
'D
O
o �
v' o
. TO
F
Sytem Valve
1004
CO
1004
o
o
993.77002
�o
loos
� t
o
f
�� •Fi'J
^° p 0 M
0
0
0 0.
0 0
C.
110 .,.1010�"•�'` `
995.130005
o
^0
0
o'
v ®\
995.48999 �° o
o
o
.O
�0� =- 997:53002
■
S
r �
C
j
o
{I�
E 0_ f
V
CIF o
j0 ' 99 A •
CO
00�, co
98 j � 00 0 "0 0,9 1
o
1 0-
0
. TO
F
Sytem Valve
T
0
o
o
`
J
Sanitary CleanOut
o
T
0 0 8
0
0
0 0.
0 0
C.
110 .,.1010�"•�'` `
o
o w.
CO
i 0
¢�
o
0
--r --a'
~
1006
;006 100.4.
1006
9
T OE 9 2
T00
i �
CO
0
0
-119c, 0
� o
1004 1004
1004 1006
O I p0$ 100F
'o
0 1008 - --
200 1010
Feet
Exhibit B
Legend
Sewer Main
Fire Hydrant 2ft Contours
0 10"
O
Water Hydrant Valve Q TaxParcel
15"
O
Water Manhole
27
®
Sytem Valve
— Conveyance Line
O
Sanitary Manhole
o Water Main
J
Sanitary CleanOut
Point of Connection
Delivery Station
0
'o
0 ,
CO
. o
700
o
o
°i
Fort Calhoun Waste Water Conveyance
Blair Area Connection Map
05/23/2007
SCHEMMER
TSA Pr ed: 03453.047
CITY OF FORT CALHOUN 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 the time the flow exceeds the strength permitted in
Paragraph 7 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 7 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 $10,000
EXHIBIT C
10