RES 2014-0997 - Agmt with Papillion to facilitate sewage treatment at Papillion sewer service area ol'AAHA'�F
of 8� y Public Works Department
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t August 12, 2014 t R Omaha,Nebraska t,Suit 0601
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Robert G. Stubbe,P.E.
City of Omaha Public Works Director
Jean Stothert,Mayor
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving a Wastewater Service Agreement between the
City of Papillion and the City of Omaha. Both parties first entered into a wastewater service
agreement in 1975, which was amended in 1978 and again in 1986. The 2004 agreement,
Resolution No. 740 on June 8, 2004, updated and replaced the service agreement adopted May 19,
1998.
The attached Agreement shall supersede and terminate all of the previous Wastewater Service
Agreements, including but not limited to, those adopted on June 8, 2004 and the subsequent
amendments adopted February 13, 2007, August 26, 2008 and September 10, 2013. This
Agreement has a term of 10 years and a current exhibit of the Papillion Sewer Service area with
updates is attached to this Agreement. The Public Works Department believes that there is
adequate capacity in the Papillion Creek Wastewater Treatment Plant to handle any increase in
wastewater expected from changes in this agreement.
The Public Works Department requests your consideration and approval of the attached
Resolution and Agreements.
Respectfully submitted, Referred to City Council for Consideration:
7-zi_ ` �2, -!.o av4-- 7 Z5 1L.(
Robert G. Stubbe, P.E. Date Mayor's Office Date
Public Works Director
Approved:
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Finance Director Arr'1-1
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AGREEMENT FOR WASTEWATER SERVICE
BETWEEN
CITY OF OMAHA, NEBRASKA
AND
CITY OF PAPILLION, NEBRASKA
THIS WAST HATER SERVICE AGREEMENT ("Agreement"), is made this
42 day of tatfibr , 2014 by and between CITY OF PAPILLION, a Municipal
Corporation of the State of Nebraska ("PAPILLION") and the CITY OF OMAHA, a
Municipal Corporation of the State of Nebraska ("OMAHA")(collectively, the "Parties").
WITNESSETH:
WHEREAS, OMAHA has constructed and operates a wastewater treatment plant
at the confluence of the Papillion Creek and the Missouri River; and
WHEREAS, OMAHA and PAPILLION entered into a Wastewater Service
Agreement in 1975, which has been renewed and amended several times; and
WHEREAS, this Agreement shall supersede and terminate all of the previous
Wastewater Service Agreements, including, but not limited to, those adopted on June 8,
2004 and the subsequent amendments adopted Feb 13, 2007; Aug 26 2008; and Sept
10, 2013; and
WHEREAS, PAPILLION desires to continue a contractual relationship to treat the
sewage within Papillion's Service Area, as depicted in the Wastewater Service Area
Map, utilizing PAPILLION's collection and outfall systems; and
WHEREAS, it is to the mutual advantage of the Parties hereto and in the public's
general interest for the sewage within PAPILLION's service area from the Papillion
Creek Watershed to be treated at the aforesaid Omaha Wastewater Treatment Plant;
and
WHEREAS, the accomplishment of such an arrangement is authorized by law;
NOW, THEREFORE, in consideration of these facts, the Parties hereto do
mutually agree as follows:
1) GENERAL PROVISIONS FOR WASTEWATER SERVICE AGREEMENT: For
the services hereinafter stipulated to be performed by OMAHA, PAPILLION shall
comply with the terms as set forth in the City of Omaha WASTEWATER
SERVICE AGREEMENT, GENERAL PROVISIONS FOR MUNICIPALITIES,
dated February 1, 2000, attached hereto and incorporated within as Exhibit "A"
("General Provisions"), and make payment of user fees accordingly. In the event
of a conflict between the terms of said General Provisions and this Agreement for
Wastewater Service, the terms of this Agreement shall prevail.
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2) AREA SUBJECT TO WASTEWATER TREATMENT SERVICES: OMAHA shall
provide sewage treatment services as called for in said General Provisions for
the service area shown in the City of Papillion Wastewater Service Area,
Collection, and Outfall Sewer System Map ("Wastewater Service Area Map"),
attached hereto and incorporated within as Exhibit "B". This Agreement covers
only the drainage areas shown in Wastewater Service Area Map and as specified
in City of Papillion Wastewater Service Area, Collection, and Outfall Sewer
System Table ("Wastewater Service Area Table"), attached hereto and
incorporated within as Exhibit "C". Development and connection to the sewer
system for any additional area outside of these specified areas must be provided
for by amending this Agreement or by a new wastewater service agreement.
Wastewater service to any development outside of the agreed upon area is not
guaranteed expressly or by inference; provided, however such wastewater
service shall not be unreasonably or inequitably withheld.
3) PREPARATION OF AN ON-LINE ELECTRONIC RESOURCE MAP: PAPILLION
will work with the Sarpy County GIS group to provide OMAHA with internet
access to a web based mapping application capable of:
a. Displaying the corporate limits
b. Extra Territorial Jurisdiction ("ETJ")
c. Wastewater service area boundaries
d. Jointly approved watershed codes to be used by OMAHA
e. Address / parcel data
The purpose of which is so that the wastewater service area, the watershed code
for PAPILLION's account, and an individual address can be identified.
PAPILLION or its designee will notify OMAHA of any GIS coding changes as a
result of annexations or other reasons.
4) CONNECTION PERMISSION FROM OTHER ENTITIES: Any use of sewers,
owned by other entities, to convey wastewater from PAPILLION to OMAHA, not
previously agreed upon, shall require a written agreement between PAPILLION
and the owner of such sewer. A copy of any such agreement(s) shall be
submitted to OMAHA. PAPILLION or said owner shall be responsible for
obtaining all necessary local and state governmental permits for sewer
construction and connection. OMAHA'S permission provided for herein is only
that of the owner of the utility.
5) SEWER CONNECTION REHAB: PAPILLION is required to notify OMAHA's
Environmental Quality Control Division ("EQCD") of any proposed rehabilitation
or rerouting of the collection or outfall sewer system covered by this Agreement.
6) INTERCEPTOR CONNECTION AGREEMENTS REQUIRED: No new direct
connections to OMAHA's Interceptor system shall occur without the execution of
an Interceptor Connection Agreement and a written administrative amendment to
this Agreement and signed by both OMAHA's Public Works Director and
PAPILLION's City Council. Any entity making such new direct connections prior
to completion of a signed Interceptor Connection Agreement shall be subject to
inspection fees ten times the current Omaha fees for interceptor connection
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inspections. Such entity shall be responsible for making this payment to
OMAHA. PAPILLION will use reasonable efforts to ensure that no new direct
connections to OMAHA's interceptor sewer system shall occur without said
requirements.
7) PAPILLION DESIGN STANDARDS: As provided by state law, PAPILLION will
maintain control over the platting of property within its respective zoning
jurisdiction and over the design of sewer collection facilities in all such areas.
PAPILLION's sewer design standards shall meet or exceed OMAHA'S then
applicable minimum design standards for all areas served by OMAHA's
treatment system. PAPILLION will maintain control over sewer connections
which connect directly to PAPILLION's municipal sewer, or indirectly through an
outfall sewer(s) or branch sewer lines within PAPILLION's wastewater service
area to make sure that all such connections meet or exceed OMAHA's minimum
design standards for sewers and sewer connections.
8) OMAHA ALLOWED TO ISSUE DISCHARGE PERMITS IN PAPILLION'S
WASTEWATER SERVICE AREA: PAPILLION's subdivision agreements with
future Sanitary and Improvement Districts or other developments or any future
amendments to a current subdivision agreement shall include acknowledgment
that OMAHA has the authority to enforce prohibitions and limitations as specified
in Omaha Municipal Code Chapter 31 by means of discharge permits. All such
enforcements will be in collaboration with and by the written approval of
PAPILLION.
9) MANHOLE AT CONNECTION POINTS TO OMAHA INTERCEPTOR: A
manhole shall be constructed, or is already constructed, at each connection point
indicated and called out on the Wastewater Service Area Map, such that the first
six (6) feet of riser above the floor of the manhole is a minimum of fifty-four
inches in diameter. The location of each such manhole shall be approved by
OMAHA's EQCD.
10)SAMPLING AND METERING LOCATIONS: PAPILLION and OMAHA agree that
there is no need to proceed with the installation of a primary measuring device, a
sampling platform, or bringing power to its manholes because there are no plans
at this time to perform wastewater sampling or to do permanent flow recording for
the combined service area of any current connection point to OMAHA's treatment
system. If in the future PAPILLION wishes to use permanent flow recording data
to determine their monthly wholesale billing from OMAHA or if a connection point
becomes a source of high strength wastewater to OMAHA's treatment system
due to commercial or industrial contributions within PAPILLION's wastewater
service area, then PAPILLION shall be responsible for construction of a manhole
meeting the specifications of the applicable Standard Plates for sampling and
metering locations and:
a. The first six feet of the riser above the floor of the manhole shall be a
minimum of 72 inches in diameter and be equipped with a primary
measuring device.
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b. The location of such manhole and the primary measuring device shall be
approved in writing by OMAHA's EQCD.
c. PAPILLION shall provide sufficient electrical service to the manhole to
power a continuous flow recorder.
d. OMAHA shall purchase, install and maintain the continuous flow recorder
and pay for the monthly electrical service charges.
e. PAPILLION shall provide an acceptable surface road to the manhole from
the nearest public right of way.
f. Should PAPILLION fail to install such a monitoring manhole in a
reasonable period after notice, OMAHA may perform such construction and
other activities necessary to provide a suitable monitoring manhole and
charge PAPILLION for all associated costs.
11)PAPILLION SEWER SERVICE BILLING PROCESS AND CHARGES: Charges
for sewer service to PAPILLION's collection and outfall sewer system shall be
based upon water consumption data from PAPILLION's water distribution system
and billing records. An alternate water service provider or billing system may be
utilized by amending this Agreement. Wholesale flow and customer charges as
set forth in the Omaha Municipal Code, Section 31, Article IV, shall apply and
shall include the summation of each of the following types of charges:
a. the customer charge assessed to a Bulk I customer;
b. the customer charge assessed to Bulk II customers times the number of
Bulk II customers connected to PAPILLION's collection and outfall sewer
system each month;
c. the flow charge assessed for residential customers, as calculated below,
times the Bulk I wholesale flow charge.
i. During the four winter billing cycles referred to as December
through March, the monthly flow charge for a residential sewer
service user will be computed from the actual water consumption
as measured by individual residential water meters for these billing
cycles.
ii. During the non-winter billing cycles referred to as April through
November, the monthly flow charge for residential sewer service
will be computed by the daily average residential water usage from
the four preceding winter billing cycles referred to as December
through March times the number of days in the billing cycle times
the number of residential customers.
d. the actual monthly water consumption for all commercial and industrial
meters times the Bulk I wholesale flow charge;
e. an abnormal charge on the total flow if the wastewater is determined to
have strengths greater than 240 mg/L Biochemical Oxygen Demand and/or
300 mg/L Suspended Solids.
12)PAPILLION BILLING REPORT AND DATA TO OMAHA: By the 20th day of the
month, PAPILLION will provide OMAHA's EQCD with the summary report
containing the water and sewer billings information from the previous month
("Summary Report"). A sample format for the Summary Report is attached hereto
and incorporated within as Exhibit "D". This report may be administratively
4
changed and updated. PAPILLION will make the electronic backup data
summarized on the monthly report available for OMAHA EQCD's review on an as
requested basis. OMAHA shall provide PAPILLION with an invoice for billing no
later than 30 days after receipt of a complete Summary Report.
13)WESTERN SPRINGS BASIN SEWER SERVICE: All of the Western Springs
Outfalls drainage basin's (as depicted in the Wastewater Service Area Map)
customer count and flow data shall be included on the Summary Report supplied
to OMAHA on a monthly basis for inclusion on PAPILLION's monthly wholesale
sewer service billing.
14)BASEBALL STADIUM BASIN SEWER SERVICE: All of the Baseball Stadium
Outfalls drainage basin's (as depicted in the Wastewater Service Area Map)
customer count and flow data shall be included on the Summary Report supplied
to OMAHA on a monthly basis for inclusion on PAPILLION's monthly wholesale
sewer service billing.
15)OMAHA INVOICE TO PAPILLION: On any month where the Summary Report is
not made available to OMAHA by the 20th day of the preceding month, OMAHA
may assess PAPILLION a late charge of twenty-five dollars ($25) per day for
each day that the information is not available. On any month where OMAHA has
not submitted an invoice to PAPILLION by the 30th day after Summary Reports
are provided to OMAHA, PAPILLION may assess OMAHA a late charge of
twenty-five dollars ($25) per day for each day that the invoice is not available.
16)ORIGINAL TERM OF AGREEMENT; AGREEMENT TERMINATION OR
CONTINUATION: Pursuant to Neb. Rev. Stat. §14-365.09, this Agreement will,
unless extended as provided below, terminate ten (10) years after its effective
date. This Agreement may be extended by written amendment. OMAHA
acknowledges its sewage treatment system is a public utility available without
discrimination to members of specified classes. Termination of sewage treatment
will not be made without the approval of the appropriate state or federal agencies
having jurisdiction over wastewater pollution and treatment. Termination of
sewage treatment service will not occur prior to ninety (90) days following written
notice of such termination. It is acknowledged that during said period, if
negotiations produce no new agreement, the Parties, or any one of them, may
file an action in any court having jurisdiction over the matter to provide equitable
relief concerning the issue of continued sewage treatment and the conditions and
charges appropriate thereto. Nothing in this paragraph will be construed as a
limitation on the regulations concerning sewage service and the appropriate rates
pertaining thereto.
17)ENTIRE AGREEMENT: This Agreement (and all documents referenced herein,
which are incorporated herein by this reference) constitutes the complete and
entire understanding and agreement between the Parties with respect to the
subject matter hereof, and shall supersede any and all prior agreements and
understandings, both oral and written, between the Parties regarding said subject
matter, unless otherwise specifically stated.
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18)NO THIRD PARTY BENEFICIARIES: This Agreement is between the Parties,
enforceable only by them. No third party beneficiaries are created or allowed to
enforce this Agreement or claim damages for its breach.
19)INTERLOCAL COOPERATION ACT: This Agreement is entered into between
the Parties pursuant to the Interlocal Cooperation Act Neb. Rev. Stat. §13-801 et.
seq. (Reissue 2007). In this respect:
a. The duration of this Agreement shall be as stated in Section 16 hereof and
so long thereafter as necessary to carry out the intent of the Parties.
b. There is no separate legal or administrative entity created hereby, but the
Parties may, if they choose, perform all or part of its separate
responsibilities hereunder through sewer districts or other entities of their
choosing.
c. The purpose hereof is as stated in Section 1.
d. This Agreement can be modified only upon joint action of the Parties and
approval by their respective City Councils or by a written administrative
amendment signed by both OMAHA's Public Works Director and
PAPILLION's City Council.
e. Each of the Parties shall perform its respective powers and responsibilities
herein provided for through their respective governing bodies. Each party
shall acquire, hold and dispose of personal property used by them in this
cooperative undertaking in the manner provided by law by consistent with
their respective obligations in this cooperative undertaking.
20)EXECUTION OF AGREEMENT: This Agreement shall be effective upon
approval of the respective governing bodies of the Parties and shall continue in
full force and effect until termination in accordance with this Agreement. This
Agreement may be separately executed in counterparts with the separate
executed signature pages being attached upon all signatures being obtained,
with the same force and effect as if the document was executed as one.
21)NONDISCRIMINATION: Notwithstanding anything in this Agreement to the
contrary, (i) the Parties agrees that they and any of their subcontractors shall not
discriminate against any employee or applicant for employment to be employed
in performance of this Agreement, with respect to the employee's or applicant's
hire, tenure, terms, conditions, or privileges of employment, because of race,
color, age, religion, sex, disability, or national origin; and (ii) one or more of the
Parties is a recipient of federal funds, and as a result all required contractual
provisions related to such federal funds shall be deemed incorporated into this
Agreement by this reference and binding upon the Parties.
22)REMEDIES: All remedies under this Agreement shall be cumulative and not
restrictive of other remedies. The Parties agree that any Party shall have the right
to exercise any remedies available to it at law or in equity, including without
limitation, specific performance.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed by the duly authorized officers as of the dates indicated below.
EXECUTED BY PAPILLION thisI 63""k.
day of Aiigu 5- " 2014.
ATTEST: CITY OF PAPILLION: `�.,,...���.`
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Elizabet Butler, CityClerk i z
D id P. Black, Mayor i, . SEAL 1 l'i
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EXECUTED BY OMAHA this day of 2014.
ATTEST: CITY OF OMAHA:
RECOMMENDED: APPROVED AS TO FORM:
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Publi Works Dire
ctor Deputy City Attorney
/‘.--› TA,, S&,,,i.A_
Ci erk Mayor
7
CITY OF OMAHA
WASTEWATER SERVICE AGREEMENT
GENERAL PROVISIONS FOR MUNICIPALITIES
February 1,2000
SECTION 1
THREE CLASSES OF USERS
Wastewater collection and treatment services described herein shall be offered by the City of Omaha,
hereinafter, referred to as "OMAHA" to three classes of users. These classes are (1) Municipalities, (2)
Sanitary and Improvement Districts, and (3) Service Users, which shall consist of all users approved by
the City of Omaha, except Municipalities and Sanitary and Improvement Districts. Hereinafter, such users
will be referred to as the"Contributing System,"unless the provisions are not applicable to all classes.
Such service will be offered by the City of Omaha to Municipalities, Sanitary and Improvement Districts
and the Sewer Service Users within or adjacent to areas served by existing and proposed facilities of the
Wastewater Treatment Systems of OMAHA and shall include receiving, transporting, treating and
disposing of wastewater or sewage from the wastewater or Sanitary Sewage Systems of Municipalities,
Sanitary and Improvement Districts and Service Users in accordance with the terms and conditions of
these General Provisions and any Special Provisions in this Agreement.
SECTION Ii
CONTRIBUTING SYSTEM
The Contributing System shall be considered to be that portion of the wastewater and treatment facilities
within the Municipality or Sanitary and Improvement District or Service Users which flow to the point(s) of
connection to the City of Omahas interceptor system.
SECTION III
CONTRIBUTING SYSTEM-OWNED FACILITIES
Contributing System-owned facilities shall be those facilities owned and operated by the Contributing
System including future additions and improvements thereto, and those facilities constructed by the
Contributing System in order to effect the interconnection with the Wastewater System of the City of
Omaha.
The Contributing System shall retain the responsibility for construction, operation, maintenance and
ownership of facilities comprising the contributing system and future additions thereto arid shall retain all
contractual and managerial obligations associated with such Contributing System-owned facilities.
SECTION IV
CONNECTION APPROVAL
The Contributing System shall not make its connection to the system of OMAHA until it is authorized in
writing by the OMAHA Public Works Director or his designee.
SECTION V
POINT OF CONNECTION
Subject to the conditions and provisions hereinafter specified, the Contributing System may connect its
Wastewater System to the Wastewater System of the City of Omaha only in such manner of such
materials and at such place as shown on Exhibit"A"hereof, which must receive the approval of the City of
Omaha prior to such connection, attached hereto and made a part hereof. Should a change of the point or
points of connection be required by the City of Omaha because of a change in the quality or quantity of
flow from the Contributing System, or should the Contributing System request additional points of
connection at some future date, such change(s) or additional connection(s) shall be made at the
expenditure of the Contributing System and as directed by the Public Works Department of the City of
Omaha. Any changes in such points necessitated by any changes in flow from OMAHA shall be at the
cost of OMAHA.
SECTION VI
ADDITIONAL CONNECTIONS
Service Users shall not allow any other party to connect to such user's system without the written approval
of the City of Omaha. Sanitary and Improvement Districts shall not allow any sewer lines or sewers
outside their boundaries as existing on the date of this Agreement or outside the area shown on the most
recent Exhibit "A" to be connected directly or indirectly to their Wastewater Systems without the written
approval of the City of Omaha.
Certification shall be given to OMAHA from the consultant or design engineer of the Contributing System
that the addition of the additional connections will not overload or exceed design capacity of those sewers
being connected to.
Municipalities shall not allow any sewer lines or sewers outside of the Papillion Creek Watershed to be
connected directly or indirectly to their Wastewater Systems without the written approval of the City of
Omaha.
If and when OMAHA determines that the then existing flow to the Papillion Creek Treatment Plant plus
potential flow from all subdivisions then connected to the Papillion Creek Sewer System or for which final
plats have been approved by their respective jurisdiction and which are planned for connection to the
Papillion Creek Sewer System equals or exceeds the capacity at that time of the Papillion Creek
Treatment Plant, OMAHA will give notice to all Municipalities connected to the Papillion Creek System.
From that time forward, neither OMAHA nor any other Municipality will approve any additional final plats
within their respective zoning jurisdictions and OMAHA will not make any additional wastewater service
agreements or amend existing agreements to serve additional lots until the capacity of the Papillion Creek
Wastewater Treatment Plant is increased. The City of Omaha will include this provision in all wastewater
service agreements made between OMAHA and other municipalities after the date of this Agreement.
SECTION VII
OMAHA'S RIGHT TO CONNECT
It is agreed that the City of Omaha shall have the right to connect any OMAHA sewers or those within its
zoning jurisdiction to any Contributing System by paying the prevailing connection costs of such
Contributing System to provide an outlet for such OMAHA Sewers, if necessary, provided, however, that
the system to which such connections are made has sufficient reserve capacity to carry the combined load
if such combined load becomes necessary. The contributing system has the right to review designs,
specifications and criteria for sewer systems to be connected directly or indirectly to the sewer system
owned by the contributing system prior to connection.
2
SECTION VIII
DISCONNECTIONS AND TERMINATION
OMAHA shall have the right to make any disconnections and recover the expenses thereof from the
Contributing System should the Contributing System neglect or refuse to disconnect or fail to negotiate a
new contract following termination as herein provided. Any Contributing System which ceases to use any
wastewater system connected to the system of OMAHA shall disconnect the same at its expense or failing
that, the City of Omaha may disconnect the same at the expense of the Contributing System. OMAHA
acknowledges its sewage treatment system is a public utility available without discrimination to members
of specified classes. Termination of sewage treatment will not be made without the approval of the
appropriate State or Federal agencies having jurisdiction over wastewater pollution and treatment.
Termination of sewage treatment service will not be made before ninety (90) days following written notice
of such termination. It is acknowledged that during said period, if negotiations produce no new agreement,
the parties, or any one of them, may file an action in any court having jurisdiction over the matter to
provide equitable relief concerning the issue of continued sewage treatment and the conditions and
charges appropriate thereto. Nothing in this paragraph will be construed as a limitation on the authority of
the governing body of OMAHA to set reasonable rules and regulations concerning sewage service and the
appropriate rates pertaining thereto.
SECTION IX
CONTRIBUTING SYSTEM MUNICIPALITY CONTROL OF CONNECTIONS
Sewer connections made within the jurisdiction of the Contributing System which is a Municipality shall be
under the control of such Municipality. Current records will be maintained by such Municipality and made
available to OMAHA upon request by the Director of the Public Works Department of the City of Omaha.
New connections shall be limited to wastewater only and the number of connections authorized within
such Municipality within the area shown on the most recent Exhibit "A" shall be the sole responsibility of
such Municipality and its duly authorized representatives.
SECTION X
NEW STORM CONNECTIONS PROHIBITED
After the beginning of service under this Agreement, the Contributing System shall not make or permit to
be made any connections which will contribute directly or indirectly into the OMAHA Wastewater System,
the storm water run-off from surface drains, ditches, streams, storm sewers, roof, areaway or foundation
drains.
SECTION XI
EXISTING STORM CONNECTIONS
As to storm water connections of the type described above which existed in the Contributing System prior
to the beginning of service from the OMAHA System, the Contributing System shall work as vigorously as
possible within the technical and financial capabilities of the Contributing System to eliminate all of its
storm water connections. The infiltration of ground water in all sewers constructed in the Contributing
System after the date of the execution of this Agreement shall not exceed 200 gallons per inch diameter
per mile in 24 hours.
To comply with regulatory requirements, all Contributing Systems having either acceptable or
unacceptable waste in the effluent may be required to file with the City of Omaha at least once each year
during May, June or September a report on the flow of the wastewater. Essentially this requirement is to
meet the obligations of the NPDES permit regarding elimination of extraneous water. The Contributing
System may engage the services of any independent testing laboratory for this service. Costs incurred
with this are at the expense of the Contributing System.
3
SECTION XII
DESIGN REVIEW
The City of Omaha has the right to review the designs, specifications and criteria for additions or
modifications to any portion of the Contributing System connected directly or indirectly to the OMAHA
Sewer System prior to the work being so connected to the OMAHA System. The design of sewer
collection systems within the zoning jurisdiction of the Contributing System shall be the sole responsibility
of the Contributing System municipality. The design criteria used by the Contributing System shall meet or
exceed the minimum design standards used by OMAHA.
SECTION XIII
CHARGES
As full compensation for the receiving, transporting, and treating of the sewage from the Contributing
System, the Contributing System agrees to pay OMAHA as follows: Municipalities, those Sanitary and
Improvement Districts and Service Users that are not connected to MUD shall pay a sum equivalent to the
sewer service charges or use fees from time to time charged to users as provided by Article IV, of the
Omaha Municipal Code, and any amendments thereto, for the use of OMAHA's Sewer System;
specifically, the appropriate flow charge, abnormal charge and customer charge per month based on the
flow volume for each connection point to OMAHA's Wastewater System. Payments for wastewater service
shall be made within thirty (30) days following receipt of invoice and shall thereafter be delinquent.
Delinquent balances shall bear interest at a rate equal to the average rate earned by the City of Omaha
from its short term investments during the three months preceding the delinquency. Such Municipality or
Sanitary and Improvement District must collect from all contributors within its boundaries or those
connected to its system on a fair and equitable cost recovery basis, subject to the approval of the
Nebraska Department of Environmental Quality, NDEQ. All users within Sanitary and Improvement
Districts party to this Agreement connected to OMAHA's System and served by the Water Service of the
Metropolitan Utilities District shall pay the rates provided for in Chapter 31 of the Omaha Municipal Code
(O.M.C.)according to the provisions therein and the metered water usage.
SECTION XIV
USE OF PUBLIC AREAS
It is agreed and understood that there shall be no payment by OMAHA for the use of any streets, alleys,
avenues, or public property, if any, in the Contributing System for sewer lines or appurtenances
constructed therein for the benefit of OMAHA, provided OMAHA shall, at its expense, repair and replace
any pavement damaged during such construction and shall likewise pay the cost of any necessary utility
relocations.
SECTION XV
FLOW RECORDERS AND SAMPLING DEVICES
When deemed necessary by the OMAHA Public Works Director to facilitate a fair and equitable charge
being billed by the City of Omaha, the Contributing System agrees to install at its expense sampling
manholes approved by the City of Omaha, as provided in the City of Omaha Wastewater Ordinances at
point(s) designated by the City of Omaha. OMAHA will provide monitoring services as per Section 31-75
O.M.C.; however, all maintenance required on the containing structures and manholes shall be at the
expense of the Contributing System.
4
SECTION XVI
REPORTING NEW INDUSTRIES
It shall be the responsibility of the person or department authorized to issue building permits within the
jurisdictional limits of Contributing System Municipalities to notify the City of Omaha Public Works Director
of any new industries locating within such jurisdictional limits as soon as such location is known to such
person or department.
SECTION XVII
INDUSTRIAL MONITORING AND REPORTING
To comply with regulatory requirements, any industries classified as existing or new source by the United
States Environmental Protection Agency, having either acceptable or unacceptable wastes in their
effluent, may be required to file with the appropriate City and the City of Omaha at least once each year a
sampling report and analysis in accordance with City of Omaha Ordinance, rules and regulations of the
flow strength characteristics of their plant effluent wastewater in terms of BOD, suspended solids, grease,
and pH and any other parameter required by the United States Environmental Protection Agency or the
Nebraska Department of Environmental Quality in monitoring sewage influent and effluent from publicly-
owned treatment plants, according to the NPDES permit.
Industries required, under NDEQ Title 127 to obtain a Pretreatment Permit, must file a similar report with
the Director of the City of Omaha Public Works Department or his designee every June and January.
Sampling and analysis may be done by the appropriate Contributing System and/or by the City of Omaha
and by any City of Omaha approved laboratory according to Section 31-74 O.M.C. From time to time the
City of Omaha may require 24 hours flow proportion composite samples to be split and given to the City of
Omaha Public Works Department Director or designee for verification. Such samples shall be
representative of a normal average production day. Any additional costs for obtaining the additional
samples or testing shall be paid for by the industry involved.
SECTION XVIII
SAMPLING AND TESTING COSTS
Except as expressly provided in this contract, the City of Omaha has no obligation to make payments to
any party for such sampling and testing costs.
5
SECTION XIX
INSPECTION AND TESTING
The Contributing System shall, with respect to property owned by it or under its control, allow the City of
Omaha Public Works Department Director or designees and such personnel from the State or Federal
agencies, upon presentation of proper credentials:
1. To enter premises where an effluent source is located or in which any records are required to be kept
under the terms of this Agreement.
2. At reasonable times to have access to or copy any records required by this Agreement or State or
Federal laws or regulations to be kept by the Contributing System.
3. To inspect and repair or adjust any monitoring equipment or monitoring method required in this
Agreement.
4. To sample any discharge point for pollutants.
Contributing System Municipalities shall, when requested under reasonable circumstances, assist
OMAHA personnel in making such investigation and inquiry of the property of users within the boundaries
or jurisdiction of such Contributing System Municipalities.
SECTION XX
REPORTS
Service Users, party to this Agreement, shall make all reports required by OMAHA City Ordinance, rules
or regulations directly to the City of Omaha.
Municipalities and Sanitary and Improvement Districts, party to this Agreement, shall require within their
boundaries or jurisdiction that all such reports be made to them and shall cause copies of all such reports
to be sent to the City of Omaha Public Works Director.
SECTION XXI
LAWS AND REGULATIONS
The Contributing System agrees to conform with and enforces all Minimum Standards, Ordinances, rules,
regulations and requirements of the City of Omaha and all applicable State and Federal laws, rules and
regulations concerning: (1) Industrial Cost Recovery for industries within or connected to the Contributing
System, and (2) Wastewater discharges, including limitations and prohibitions, monitoring, and reporting
within the Contributing System.
Wastewater emptied into the OMAHA Wastewater System from the Contributing System shall be in
conformity with Chapter 31, Article III of the Omaha Municipal Code and current regulations pertaining to
sewers or sewage within OMAHA and/or in accordance with all State and Federal laws, rules and
regulations, whichever is the most restrictive. Wastewater not in conformity with such rules and
regulations shall not be permitted to flow through the sewers of the Contributing System into the Omaha
Sewage System.
SECTION XXII
AMENDMENTS - FEDERAL AND STATE REGULATIONS
The Contributing System agrees to abide by any changes in this Agreement made necessary by revisions
or additions to State or Federal regulations.
6
SECTION XXIII
APPORTIONMENT OF FINES
Any fines or penalties imposed upon OMAHA by any Federal or State agency or any court of competent
jurisdiction shall be paid by the Contributing System or Systems, if any, to which the effluent or other act
causing such fine or penalty can be traced. Such payment shall be apportioned to the Contributing
Systems, including OMAHA, according to their contribution to the cause of such fine or penalty.
SECTION XXIV
CHANGE IN OWNERSHIP
In the event of any change in the control or ownership of a facility of a Service User from which authorized
discharges are emitted, the permittee user shall notify the succeeding owner or controller of the existence
of this Agreement and the permit by means of a letter, a copy of which shall be forwarded to OMAHA. This
Agreement is not assignable from or to Service Users.
SECTION XXV
HAZARDOUS WASTES
It is agreed and understood that the parties to this Agreement are, or may be subject under Section 311 of
the Water Pollution Control Act, as it applies to oil and hazardous wastes, and to any applicable State Law
or Legislation, under the authority preserved by Section 510 of the Water Pollution Control Act.
SECTION XXVI
INTERRUPTION OF SERVICE
In the event of a stoppage of OMAHA's Wastewater System or in the event of an interruption of service by
OMAHA, it is understood and agreed that OMAHA, its officers, employees and agents, except for
OMAHA's willful damaging acts or gross negligence, shall be absolutely free of any liability to the
Contributing System, or any owners or lessees of the property or premises within or served by the
Contributing System.
SECTION XXVII
SERVICE WITHIN THE ZONING JURISDICTION OF A MUNICIPALITY
The City of Omaha will not enter into an Agreement to provide wastewater collection or treatment service
to any sanitary and improvement district or other contributing system located partly or wholly within the
zoning jurisdiction of a municipality, party to this Agreement, until the plans for the proposed connection
have been reviewed and approved by such municipality.
SECTION XXVIII
DURATION OF AGREEMENT
As provided by Nebraska law (R.R.S. 14-365.09), the term of this Agreement shall be for a period of ten
(10) years beginning on the date of the execution hereof. However, it may be extended by written
amendment. If the Contributing System is desirous to continue to have its wastewater received and
treated by the City of Omaha, the Contributing System will notify the City of Omaha within six (6) months
of the termination date of this Agreement whereupon the parties will make reasonable efforts to negotiate
a new Agreement for such service by the City of Omaha.
7
SECTION XXIX
NON-DISCRIMINATION
The Contributing System shall not, in the performance of this Agreement, discriminate or permit
discrimination against any person because of race, sex, age, or political or religious opinions or affiliations
in violation or State laws or local ordinances.
SECTION XXX
SOLICITATION
The Contributing System does hereby state, warrant, and covenant that it has not retained or employed
any company or person, other than bona fide employees of the Contributing System, to solicit or secure
this contract, and it has not paid or agreed to pay any company or person, other than a bona fide
employee of the Contributing System, any fee, commission, percentage, brokerage fee, gifts or any other
consideration, contingent upon or resulting from the award or making of this contract. For breach or
violation of this statement, warrant, and covenant, the City of Omaha shall have the right to annul this
Agreement without liability.
SECTION XXXI
SEVERABILITY
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.
SECTION XXXII
TITLES
The titles used in these General Provisions are for convenience only and shall not be used in interpreting
these General Provisions.
SECTION XXXIII
STRICT COMPLIANCE
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.
8
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Sewer Agreement
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Sc Road - Ridgellne
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N . 0.nrsiou<ms-
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Connection Name a S n .—_
A City Connection '°' :=' fn N a`
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B South Outfall `�° a a 1, 3
C West Outfall _T s '„"� `
D Northwest �' p® ` /„„,,,<
E "' 'm Ridgeline Outfall Boundaries
Northeast#1 - ,
F _ Rumsey Outfall WSA Boundary Area
Connection Name ` ETJ Boundary
G
Airport Outfall 0 Portal Outfall n
H Northeast tJ2Papillion City Limits
P Portal Plaza South ""°•-
" "` """` �"" Omaha Interceptor Sewer
Walnut Creek -- ,,,,,,,, ,,,,,,
— -- O West Comhusker
_ Eagle Ridge V - Sarpy Interceptor Sewer • -�- v
-"— R Western Springs(via
K 96th St(via LaVista) Buffalo) Individual Outfall Location
L Eagle Hills Outfall S Sarpy County Baseball Connection Point A"R"M Titan Springs Outfall Stadium m
N Buffalo Outtall Sarpy County Baseball C 1.0
T Fricke Outfall Stadium Outfall Area Subtect .�
to Papillion Retail sewer use fees j
EXHIBIT C
City of Papillion Wastewater Service Area, Collection, and Outfall Sewer
Connection
A City Connection 2,808 City of Papillion
Barrington Place, Southampton,
Huntington Park, Glenwood Hills,
Cedarwoods, Cedardale Industrial Park,
Monarch Place, Park Hills III, Shadow
B South Outfall 2,232 Lake, Shadow Lake Towne Center,
Walnut Creek Hills,Walnut Creek Hills
South, Summit Ridge, Villas at
Creekside, Papillion Professional Park,
SAC Headquarters, Midlands Place
Hunters Crossing III, part of Western
C West Outfall 240 Hills, part of Hunters Crossing I, Schwer
Industrial Park
D Northwest Outfall 278 Tara Hills, Tara Highlands, part of
Hunters Crossing I, Hunters Crossing II
E Northeast Outfall # 1 1,070 Summerfield, Papillion Business Park
F Rumsey Outfall 312 Cottonwood I — IV
G Airport Outfall 403 Eagle Ridge I — IV
Eagle Crest, Eagle View, Hickory Hill,
Hickory Hill II, Hickory Estates, Hickory
H Northeast Outfall #2 1,645 Hill Plaza, Settlers Creek, Market Pointe,
Part of Stockmans Hollow
Riverchase, Edgewater Estates,
Edgewater on the Park, Summit Ridge,
Grandview, Overland Hills V, Walnut
Walnut Creek Outfall 1,336 Creek Business Park, Summit Ridge,
Grandview, Papillion LaVista South High
School, Nebraska Christian College,
part of Walnut Creek Hills,
Eagle Ridge (Phase V) 189 Eagle Ridge V
Outfall
K 96th Street Outfall 222 part of Western Hills, Hunters Ridge
(LaVista)
L Eagle Hills Outfall 395 Eagle Hills
M Titan Springs Outfall 141 Titan Springs, Hillcrest Country Estates
N Buffalo Outfall 226 Kingsbury Hills
0 Portal Outfall 9 Portal Plaza & part of Portal Plaza South
P Portal Plaza South 4 Part of Portal Plaza South
Outfall
Connection
Q West Cornhusker Plaza West Cornhusker Plaza &West
Outfall 16
Cornhusker Plaza South
R Western Springs Outfall 283 Ashbury Farm, Clatterbuck Addition, part
via "N" (Buffalo Outfall) of North Shore, part of Schewe Farms
S Sarpy County Baseball 154 part of Schewe Farms, part of North
Stadium Ouffall Shore
T Fricke Outfall 252 Part of Stockmans Hollow
via "H" (Northeast#2)
i
j AGREEMENT EXHIBIT D - SUMMARY REPORT
City of Papillion Monthly Sewer Billing Information prepared: 4,2J2o14
Documentation for WINTER Billings and Residential Winter Average
Papirnon Bills Sent/Paid: February March April May
Papilaon Belling Month; Jen 2014 February March April
Month Water Used: Dec 2013 January February March Total Winter
?7 of Customer*
Residential(insideCIII') 5,478 5,487 5,488 18,451
Residential(non- 0TY) 4277 4,285 4,294 12,858
Commeroiai(Inside CITY) 458 458 459 1,375
Commercial(government) 33 33 33 99
Commercial(non-CITY) 64 64 66 194
Municipal(non-billed) 33 33 33 _ 99
Total 10,341 10,380 10,373 0 31,074
Water Usage for Sewer ailing
Residence;/Inside CITY) 29,810,821 26,925,719 01,493 79,238,033
Residential(non-CITY) 22,382,880 19,554,2 . 18,169.190 60,100,320
Commercial(inside CITY) 14,291,330 12,60•.!i 12,822,850 39.723,210
Commercial(government) 1,729,350 1,: r_4 % 1.783.910 5,156,550
Commercial(non-CITY) 1,694,200 61 • 0 1,577.630 4,883,380
Municipal(non-billed) 787,310 �,`�`� ,640 441,830 1,725,780
Total 70,695,891 `� 6y 1,640,579 52,295,503 0 190,633,273
I of days in month 31 31 28 31 30
Average Residential 173 150 152 C0I11/0i 157
(now/customer-day)
(ccf) 7.15448325 6.222073024 5.695100107 CDIV/01 6.614074573
Papsion Boling Month: Jan 2014 Feb 2014 Mar 2014 Apr 2014
Month Water Used: Dec 2013 Jan 2014 Feb 2014 Mar 2014
Documentation for NON-WINTER Billing(uses Residential Winter Averanel
t of Customers
Residential(inside CITY)
Residential(non-CITY) Omaha FAX If 402-444-3904
Commercial(Inside CITY)
Commercial(government) FAX TO:
Commercial(non-CITY) Quality Control Division
Municipal(non billed) ATTN: Dave Olsen
Total 0 0
Water Usage for Sewer Billing
Celoi.dated ResIdentlal
Commercial(Inside CITY) City of Peplillon
Commercial(government) , Nancy Purscell
Commercial(non-CITY) phone 402-597-2039
Munleins'(non-billed) fax 402-827-6614
Total 0 0 ccf
of days in month 0
i
I
L
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City of Papillion and the City of Omaha entered into.a Waltewater
Service Agreement in 1975,which has been renewed and amended several times since; and,
WHEREAS, the attached Agreement, which by this reference becomes it part hereof,
shall supersede and terminate all of th previous 2004 and hetewater Service Agreements , including but
subsequent amendments adopted February
not limited to, those adopted on June8,
13, 2007, August 26, 2008 and September 10, 2013; and,
WHEREAS, the City of Papillion and the City of Omaha desire to renew this Agreement
to treat the sewage within the service area of the City of Papillion with updates as outlined in the
attached Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, as recommended by the Mayor, the Wastewater Service Agreement between the
City of Omaha and the City of Papillion to facilitate sewage treatment for the Papillion Sewer
Service Area, is hereby approved.
1299djr APPROVED AS TO FORM:
6./-1171if ,,- 1/1-
ITY ATTORNEY DATE
By
Councilmember
Adopted G 1 2 2014
City Clerk 2//7//Y
l
Approved iQfr.
Mayor
NO. .
Resolution by
Res. that, as recommended by the Mayor, the
Wastewater Service Agreement between the �
City of Omaha and the City of Papillion to
facilitate sewage treatment for the Papillion
Sewer Service Area, is hereby approved.
1299Adjr
Presented to City Council
AUG t ..a14
. opted
gujter grown
City Clerk