RES 2004-0312 - Waste water service agmt with sarpy county SIDs 158, 192, and 176 d
014AHA,NF RECEIVED
.to
Public Works Department
e►:"`i i' 04 MAR _5 PM 1! 57 Omaha/Douglas Civic Center
'6® IiIV w March 16, 2004 1819 Farnam Street,Suite 601
fO CITY CLERKOmaha,Nebraska 68183-0601
AI (402)444-5220
AFD FEBRV��yry O M A H A, N E B R A S A Telefax(402)444-5248
City of Omaha Norm Jackman,P.E.
Mike Fahey,Mayor Acting Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving a four-party Wastewater Service Agreement
between the City of Omaha and three Sarpy County S.&I.D.s . In the agreement, the City of
Omaha agrees to accept and treat the wastewater generated by the residents of Tiburon (Sarpy
County S.&LD. 158), Ballena(Sarpy County S.&I.D. 192) and Lakeridge Estates (Sarpy County
S.&I.D. 176).
Connection to the Omaha treatment system is via an outfall connected to the Gretna municipal
sewer, the Sarpy County industrial sewer and ultimately the Omaha interceptor sewer system.
Monthly service charges will be based upon a combination of billing information obtained from
MUD and a sewage metering station at the connection point depending upon the customer's
water service supplier. The agreement details the service areas and number of lots serviced.
Any connections from outside of the area defined will require a service agreement amendment.
There is adequate capacity in the Papillion Creek Waste Water Treatment Plant to handle the
wastewater expected from this agreement.
The Public Works Department requests your consideration and approval of the attached
Resolution and Agreement.
Respectfully submitted, Referred to City Council for Consideration:
3�a _ -(9
3 1
Norm ac an, P.E. (Date Mayor's Office/Title Date
Acting Public Works Director
Approved as to Funding: This action has been reviewed and found to
be in conformance with the Master Plan.
A744_
� / r / Date
Stanley P. 'ly 'nm V J Date _Robert C. Peters
Finance Director Planning Director
P:\PW2\14100maf.doc
4
AGREEMENT FOR WASTEWATER SERVICE
BETWEEN
CITY OF OMAHA, NEBRASKA
AND SANITARY AND
IMPROVEMENT DISTRICTS NO. 158, NO. 176 and NO. 192
SARPY COUNTY, NEBRASKA
d 1
THIS AGREEMENT, made this /0 day of 4i"�11 , 2004 by and between SANITARY
AND IMPROVEMENT DISTRICT NO. 158 OF SARP COUNTY, NEBRASKA (hereinafter called
S&ID 158), SANITARY AND IMPROVEMENT DISTRICT NO. 176 OF SARPY COUNTY, NEBRASKA
(hereinafter called S&ID 176), SANITARY AND IMPROVEMENT DISTRICT NO. 192 OF SARPY
COUNTY, NEBRASKA (hereinafter called S&ID 192) and the CITY OF OMAHA, a Municipal Corporation
of the State of Nebraska (hereinafter called OMAHA).
WITNESSETH THAT:
WHEREAS, OMAHA has constructed a wastewater treatment plant at the confluence of the
Papillion Creek and the Missouri River; and,
WHEREAS, The City of Gretna (GRETNA) has constructed a wastewater interceptor that
interconnects the Sarpy County Sewer to the OMAHA wastewater treatment system; and,
WHEREAS, S&IDs 158, 176 and 192 are in the GRETNA wastewater service area, have
permission from GRETNA to connect to the wastewater interceptor and desire to have OMAHA convey
and treat the sewage from their connection point to the GRETNA wastewater interceptor; and,
•s,
WHEREAS, it is to the mutual advantage of the parties,hereto and in the general public interest
for the sewage of S&IDs 158, 176 and 192 from the Papillion Creek Watershed to be treated at the
aforesaid Omaha 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. For the services hereinafter stipulated to be performed by OMAHA, S&IDs 158, 176 and
192 shall comply with the terms as set forth in the City of Omaha WASTEWATER
SERVICE AGREEMENT, GENERAL PROVISIONS, dated November 1, 1994, a copy of
which is attached hereto and made a part hereof, and make payment of user fees
accordingly.
2. OMAHA shall provide sewage treatment services as called for in said GENERAL
PROVISIONS for the area shown in Exhibit A-2004, Tiburon, Lake Ridge Estates and
Ballena; S&IDs 158, 176 and 192, respectively. This agreement covers only the lots
specified below. Development and connection to the sewer system for any additional
area outside of these lots is not authorized without prior amendment of this service
agreement or establishment of a new wastewater service agreement.
, t
c. A
Connection Point Lots Served
1 SID 158 - 523 single family lots
(Tiburon — 395 lots, Lakeside at Tiburon
— 31 lots, Fairway Pointe — 56 lots and
Tiburon View — 41 lots), 16 mulifamily
lots (Tiburon Pointe Townhomes— 1 lot
with 31 townhomes sharing ownership
and Fairway Pointe 15 duplex lots)and 5
commercial lots totaling 24.69 acres;
SID 176 -94 single family lots and 1
commercial lot of 6.5 acres;
SID 192-144 single family lots and
2 multifamily lots with120 apartment
households
3. Exhibit B-2004 shows the boundaries of S&IDs 158, 176 and 192. The shaded area, if
any, is not covered by this agreement. Development and connection to the sewer system
for any lots platted within the shaded area is not authorized without prior amendment of
this service agreement or establishment of a new wastewater service agreement.
Wastewater service to any development in the shaded area is not guaranteed expressly
or by inference. However it shall not be unreasonably or inequitably withheld.
4. In order to reach the OMAHA treatment system, S&IDs 158, 176 and 192 have
constructed an outfall sewer to be connected to the GRETNA interceptor. Attachment 1
is a copy of the agreement between S&IDs 158, 176 and 192 and GRETNA for
construction and connection of the outfall line to the GRETNA interceptor.
5. In order to reach the OMAHA treatment system, the Sarpy County industrial sewer will
also be used to convey the wastewater of S&IDs 158, 176 and 192. The City of Gretna's
agreement with Sarpy County provides for the use of the Sarpy County industrial sewer.
6. Attachment 2 is a copy of an agreement between S&IDs 158, 176 and 192 granting
permission(s) to one another for the use of their individually-owned sewer collection
systems. SID 158 uses the jointly constructed outfall sewer. SID 176 uses the jointly
constructed outfall sewer and a portion of the SID 158 collection system. SID 192 uses
the jointly constructed outfall sewer, a portion of the SID 158 collection system and the
liftstation and force main owned by SID 176. Any additions or deletions to the service
area of the jointly constructed outfall sewer shall not be caused or allowed by any party to
this agreement without an amendment of Attachment 2 AND a new or amended
wastewater service agreement with OMAHA.
7. The interlocal outfall sewer construction agreement between GRETNA, S&IDs 158, 176
and 192 specifies responsible parties for obtaining all necessary local and state
governmental permits for the outfall sewer construction and connection. OMAHA'S
permission provided for herein is only that of the owner of the utility.
8. NO NEW connections to the OMAHA interceptor system shall occur without the execution
of an Interceptor Connection agreement and an amendment to the wastewater service
agreement. Connection made prior to completion of a signed Interceptor Connection
agreement shall be subject to inspection fees ten times the current fees for interceptor
connections.
9. Much of the sewer service area for S&IDs 158, 176 and 192 receives water service from
a well system. Because SIDs 158 and 192 do not have individual water meters, they
have opted to construct a flow-monitoring manhole to measure wastewater flow from the
area. The location of the manhole is identified on Exhibit A-2004. SID 158 and 192 are
responsible for construction and maintenance of the flow-monitoring manhole. The
manhole shall be such that the first six (6)feet of riser above the floor of the manhole is a
minimum of seventy-two inches in diameter and shall be equipped with a primary
measuring device suitable to accurately measure the sewage volume. Maintenance of
the manhole shall include, but not be limited to, cleaning and removal of accumulated grit
deposits on a regular schedule.
a. The location of each such manhole and selection of suitable primary device shall
be approved by the Environmental Quality Control Division of OMAHA.
b. S&IDs 158 and 192 shall provide sufficient electrical service to the manhole to
power a continuous flow recorder and a hard surfaced road to the manhole from
the nearest county or state road.
c. As development occurs or the need to accurately measure sewage flow otherwise
demands, S&IDs 158 and 192 shall modify the existing manhole or install a new
manhole and/or primary device, to the reasonable satisfaction of the
Environmental Quality Control Division of OMAHA.
d. Should S&IDs 158 and 192 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
S&IDs 158 and 192 for all associated costs.
10. OMAHA shall purchase and cause the installation of a sewage flow meter at each
manhole as provided in 9 above.
11. Retail flow charges as now and hereafter established in the Omaha Municipal Code,
currently Section 31, Article IV, shall apply for all sewer service customers within
S&IDs 158, 176 and 192.
12. S&ID 176 utilizes Metropolitan Utilities District (MUD) for water service. Charges for
sewer service for all customers within S&ID 176 shall be based upon water consumption.
MUD will direct bill retail sewer charges to individual customers of S&ID 176 on OMAHA's
behalf.
13. Charges for wastewater service for SID 158 and 192 that are received via a sewage flow
metering station shall be billed monthly by OMAHA and invoiced to SID 158. Sewer user
fees, including appropriate strength charges, are described below. The monthly invoice
shall include each of the following types of charges;
a. One Bulk I customer charge for each measurable SID 158, 192 connection point
to the GRETNA interceptor; and;
b. Flow charges calculated by multiplying the total flow measured by the flow
meter(s) installed by OMAHA as provided in 10 above LESS the total monthly
sewer usage invoiced to the individual customers within SID 176 by the prevailing
retail flow charge established in OMC 31-147 and as revised; and;
c. SID 158 will be billed for the calculation of the total monthly sewer usage volume
of SID 176 customers at a rate that would compensate OMAHA for its
administrative costs, including, but not limited to, the employee time devoted to
this calculation; and;
d. Abnormal strength charges on the flow if the wastewater contributed to the
OMAHA treatment system is determined to have strengths greater than 240 mg/L
Biochemical Oxygen Demand and/or 300 mg/L Suspended Solids; and;
e. Any costs incurred by OMAHA pursuant to 9d above; and;
f. A$5.00 monthly hand billing charge.
14. SID 158 is responsible for the payment of the entire monthly invoice in a prompt manner
and will utilize an equitable cost recovery system as required by State and Federal laws
and regulations for recovery of treatment charges from SID 192. Payments are due to
OMAHA within 30 days after the date of invoice. If full payment is not received by
OMAHA by 60 days after the date of invoice, delinquent interest on any unpaid balance
may be assessed at the rate of 8% per annum from the date of the invoice. A default by
SID 158 or SID 192 shall not constitute a default by SID 176 and shall not effect SID 176's
right to have its wastewater treated by the City pursuant to this agreement.
15. This agreement is effective upon signing by all parties.
16. Upon execution of this wastewater service agreement, SID 158 will cease operation of its
wastewater treatment plant. Providing that the flow metering station is in operation and
OMAHA is given at least 48 hours advance notice, the flow from the wastewater treatment
plant may be pumped into the sewer line connecting SIDs 158, 176 and 192 to the
Omaha treatment system. The volume will be measured at the metering station along
with the regular sewage and invoiced to SID 158 as part of the first month's invoice.
Treatment plant sludge and solids MUST NOT be discharged to the sewer system. Plant
sludge and solids must be separately removed and disposed of in a lawful and
environmentally sound manner.
17. As provided by Nebraska law(R.R.S. 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. To
the extent practicable, OMAHA shall effect any necessary termination in a manner which
continues service to all parties that are satisfying their individual responsibilities under a
valid service agreement. 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 and 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.
18. This is an agreement between the named parties hereto, enforceable only by them. No
third party beneficiaries are created or allowed to enforce this agreement or claim
damages for its breach.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the
proper officials thereunto duly authorized as of the dates below indicated.
EXECUTED BY S&ID 158 this t day of QA.ak.)A-P.�( , 2004.
ATTEST: SANITARY AND IMPROVEMENT
DISTRICT NO. 158 of
SARPY COUNTY, NEBRASKA
Cler v Chairman
EXECUTED BY S&ID 176 this G'day of Z�hR,y , 2004.
ATTEST: SANITARY AND IMPROVEMENT
DISTRICT NO. 176 of
SARPY COUNTY, NEBRASKA
_I-
rk Chairman
EXECUTED BY S&ID 192 this P—day of 9'E
, 2004.
ATTEST: SANITARY AND IMPROVEMENT
DISTRICT NO. 192 of
SARPY COUNTY, NEBRASKA
44.4j2
1A1 0,41.era:ky.724"'
e�k Chairman
EXECUTED BY OMAHA this /r day of 4,r1 , 2004.
th . ,
A?i EST:\ r- CITY OF OMAHA:
\i/t.:40.4 c)4.444)
JEEP U T Y .City Clerk - w Mayor
RFCOMME ED: APPROVED AS TO FORM:
Ge� B
ublic orks Director ity Attorney
CITY OF OMAHA
WASTEWATER SERVICE AGREEMENT
GENERAL PROVISIONS
NOVEMBER 1, 1994
SECTION I
THREE CLASSES OF USERS
Wastewater collection and treatment services described herein shall be offered by the City of Omaha,
hereinafter, referred to as the "City" 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,Systeen,',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 the City 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 Omaha's interceptorsystem.
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 and shall retain all
contractual and managerial obligations associated with such Contributing System-owned facilities.
SECTION IV +L.
,
CONNECTION APPROVAL
N
The Contributing System shall not make its connection to the system of the City until it isauthorized in
writing by the City Public Works Director or his designee. ;-^
1.
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 the City shall be at the cost
of the City.
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 the City 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 City sewers or those within its
zoning jurisdiction to any Contributing System without cost to such Contributing System to provide an
outlet for such City 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.
SECTION VIII
DISCONNECTIONS AND TERMINATION
The City 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 the City 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 the City 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 City 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.
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.
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 the City 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 the City'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 the City'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 the City'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 the City 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 the City, provided the City 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 City 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. The City 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.
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.
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 City
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 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 City 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 the City 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.
SECTION XXIII
APPORTIONMENT OF FINES
Any fines or penalties imposed upon the City 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 the City, 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 the City. 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 the City's Wastewater System or in the event of an interruption of service by
the City, it is understood and agreed that the City, its officers, employees and agents, in the absence of
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 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.
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.
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Attachment 1
INTERLOCAL COOPERATION AGREEMENT
This AGREEMENT entered into this if .day of L. C
2003, by and between the CITY OF GRETNA, a Municipal corporation in Sarpy
County, (herein "Gretna") and SID No. 158, SID No. 192, and SID No. 176,
bodies corporate and politic within Sarpy County, Nebraska (herein "SIDs"),
created for all purposes allowed by Neb. Rev. Stat. § 31-727 to 31-762.
WHEREAS, the City of Omaha has constructed a wastewater treatment
plant at the confluance of Papillion Creek and Missouri River; and
WHEREAS, Gretna has constructed a wastewater interceptor sewer to
convey wastewater from certain areas of Sarpy County, including Gretna, and a
portion of Omaha service area to the Omaha Wastewater Treatment System;
and
WHEREAS, the SIDs are the owners and operators of a sewer collection
system within the SIDs and wish to abandon their treatment plant and connect
their sewer collection system to the Gretna Municipal Wastewater Interceptor
Sewer; and
WHEREAS, Gretna has agreed to allow that connection, to acquire right-
of-way and easements, to construct, own and maintain the interceptor sewer
extension; and
WHEREAS, the Interlocal Cooperation Act (Section 13-801 et. seq. R.R.S.
Nebraska 1943, as amended) allows governmental units to make the most
sufficient use of their powers by enabling them to cooperate on the basis of
mutual advantage, to provide services and facilities in a manner and pursuant to
the economic, population and other factors influence their needs and
development problems.
NOW, THEREFORE, it is agreed as follows:
Section 1: Definitions. As used herein the following terms shall have
the following meanings:
(a) "Connection" shall mean any connection, hook-on or permitted
discharge whether direct or indirect, that results in or will result in
wastewater eventually flowing into or being transported from the
SIDs by sanitary sewer line or interceptor or sewer facility flowing
directly or indirectly into the Gretna Municipal Interceptor Sewer,
and without regard to the ownership of intervening lines or
interceptors.
(b) "Gretna Municipal Sewer" shall mean the Gretna Interceptor Sewer
which will run generally south and west of the connection to the
existing Sarpy County Industrial Sewer near 152nd Street. The
Gretna Interceptor Sewer has been designed to serve Gretna and
portions of Western Sarpy County and the portion of South
Papillion Creek Basin in Western Douglas County (future Omaha).
The interceptor sewer cannot and is not intended to serve the entire
area of the drainage basin.
(c) "Map". A map of the area showing the relationship of Gretna and
the SIDs is attached and made a part hereof. The map also shows
the route and size as the interceptor sewer required to serve the
SIDs and connected to the Gretna Municipal Interceptor Sewer.
(d) "Tiburon Properties". Tiburon properties shall mean Tiburon,
Tiburon View, Tiburon Pointe, Ballena a/k/a Tiburon South, Tiburon
Patio Homes a/k/a Fairway Pointe, Fairway Pointe II and Lakeridge
Estates, i.e. SIDs 158, 192 and 176.
Section 2. Authority. The authority for the parties entering into this
Agreement is that authority granted by law, including the general powers of the
parties and the Interlocal Cooperation Act of the State of Nebraska.
Section 3. Purpose. The purpose of this Agreement is to facilitate the
construction of an interceptor sewer connecting the facilities of the SIDs with the
Gretna Municipal Interceptor Sewer System.
Section 4. Construction and Management. Subject to the provisions
hereof, the responsibility for design, construction and management and
ownership of the interceptor sewer shall be with Gretna. Treatment of waste is
intended to be at Omaha's Papillion Creek Plant and by this Agreement, the
parties encourage the City of Omaha to enter into an agreement with the SIDs for
treatment of that waste. The SIDs shall pay to the City of Gretna pursuant to
Section 7.
Section 5. Connection. The SIDs shall not, directly or indirectly, permit
the connection to the Gretna Municipal Sewer, or a future extension thereof, of
any property, lot or structure used or to be used for any purpose whatsoever
without the express permission of the Gretna, which permission will not be
unreasonably withheld. Gretna hereby acknowledges that it has given the SIDs
the right to connect the sanitary sewer system of their property to the Gretna
Municipal Interceptor Sewer.
Section 6. Sewer Connection Fees. That all sewer connection fees and
other appropriate related costs for sewer connection fees for the Tiburon
Properties and other appropriate related costs have been paid to Gretna at the
2
time of the execution of this Agreement which will include all future phases of the
aforementioned developments. The amounts due is outlined in the
correspondence between the SIDs and Gretna pursuant to correspondence from
Donna Stigge, Zoning Administrator/Building Inspector, City of Gretna, dated
October 4, 2001, with due credit for any fees paid between October 4, 2001, and
the date of payment.
Section 7. Reimbursement. Because Gretna is going to build the
interceptor sewer connection for the SIDs, SIDs will reimburse Gretna for any
easement costs, construction costs, design costs and any costs associated with
the SIDs sewer connection. Fees will be based upon the Gretna City Engineers'
letter of April 16, 2002, which is attached hereto and made a part hereof by
reference plus the costs of acquiring easements and attorney fees up to
$10,000.00. These fees are an estimate of cost. Actual costs will be verified at
completion of the project. If fees are greater than estimated, they shall be paid
by the SIDs. If less, then Gretna shall reimburse the SIDs pursuant to the
allocation formula. Said total cost shall be allocated to the SIDs as follows: SID
No. 158 —64.1%, SID No. 192 —24.2% and SID No. 176 — 11.7%.
Section 8. Gretna Responsibility. Gretna shall be responsible for
obtaining and granting any and all local and state government permits for the
interceptor sewer construction and connection.
Section 9. Enforceable Agreement. This is an Agreement between the
named parties hereto, enforceable only by them. No third party beneficiaries
created are allowed to enforce this Agreement or claim damages for its breach.
Section 10. Interlocal Cooperation Act. This Agreement is entered into
between the parties pursuant to the Interlocal Cooperation Act of the State of
Nebraska contained in Chapter 23, Article 22 of the Revised Statutes of
Nebraska, 1993, Reissue 1994; and to the extent this Agreement shall be
governed by the provisions of said Act, it shall be construed consistent with the
objects to be accomplished pursuant to said Act. In this respect:
(a) The duration of this Agreement shall be as set forth in Paragraph 3
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 3.
3
(d) The financing of this cooperative undertaking shall be as set forth in
Section 6.
(e) This Agreement can be modified only upon joint action of the
parties and approval by their respective City Council and SIDs
Board of Trustees.
(f) 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 but consistent with their respective
obligations in this cooperative undertaking.
Section 11. Term 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 the purposes hereof have been
accomplished unless sooner terminated in accordance with Section 10 (e)
hereof.
Section 12. Binding Effect. This Agreement shall be binding upon the
parties, their respective successors and assigns.
Section 13. Enforcement. This is an Agreement between the named
parties hereto, enforceable only by them. No third party beneficiaries are created
or allowed to enforce this Agreement or claim damages for its breach.
Section 14. Termination. If the Gretna is prevented or prohibited from
going forward or completing this project, then, at Gretna's option, this Agreement
shall terminate upon the reimbursement to the SIDs all unexpended funds paid
pursuant to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed or have
caused this Agreement to be so executed by them and their duly authorized
officers on the day and year first above written.
CITY OF GRETNA
Ja es . Warren, Mayor
ATTEST: p r ved s to form:
4
City Clerk/Treasurer of the City of Gretna City Attorney
SID No. 158
Chairman
ATTEST:ATTEST: ,Approved as to form:
VQ't 01
Clerk SID No. 158 Attorney
SID No. 192
airman
ATTEST: Approved as to form:
Clerk SID No. 192 Attorney
SID No. 176
Chairman
ATTEST: Approved as to form:
rney
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Civil • Environmental • Transportation
James J. Olmsted, P.E. Established 1982 Steven W. Perry, P.E.
April 16, 2002
Mayor & City Council
CITY OF GRETNA
204 North McKenna Avenue •
P.O. Box 69
Gretna, Nebraska 68028-0069
Re: Extension of Gretna Interceptor Sewer
Phase 4 - Tiburon Interceptor
OPCE Project No. 22004-03
Dear Mayor & City Council:
We have prepared a preliminary estimate of costs to extend a sanitary sewer line from
the Gretna interceptor to the Tiburon subdivision near 175th and Cornhusker. This
sewer line would be known as the Tiburon interceptor and would connect to
Tiburon's existing sewer system near their treatment plant located north of
Cornhusker at approximately 175`h Street. The construction of the Tiburon
interceptor would allow Tiburon (S.I.D. No. 158), Ballene (S.I.D. No. 192), and Lake
Ridge Estates (S.I.D. No. 176), who presently share a mechanical sewage treatment
plant operated by Tiburon, to abandon its treatment plant and convey sewage to the
Gretna interceptor and onto the City of Omaha for treatment.
The estimated cost of the proposed Tiburon interceptor would include a 10-inch
diameter sewer main, a siphon under the Papillion Creek, manholes, site preparation,
surface restoration, easements, engineering, and related legal and fiscal fees, and is
estimated to be $261 ,300. In order to properly size the sewer main to serve the
additional, future needs of the sub-drainage basin around Tiburon, the City of Gretna
will need to increase the size of the main to 21 inches and increase the siphon
accordingly. The additional cost to oversize the main will be approximately
$270,400, and will be paid by the City of Gretna. The total estimated project costs
are, therefore, $531 ,700.
The Tiburon share of project costs (estimated at $261 ,300) will need to be paid by
Tiburon. We understand that these costs will be distributed between the three
subdivisions in accordance with a shared allocation formula to be developed between
• the subdivisions.
• It should be understood that the above cost estimates are preliminary in nature and
were prepared without benefit of detailed engineering design or on actual construction
bids. The actual, final costs may vary and will be used to determine the final
allocations to each benefitted party in the project.
OLMSTED & PERRY CONSULTING ENGINEERS INC .
10730 Pacific Street o Suite 232 . Omaha, Nebraska 681 14-4700
Pay- drl _qgq-qp ,9
Mayor & City Council
CITY OF GRETNA
. April 16, 2002
Page 2
We trust that the above information is satisfactory. However, if there are any
questions, please do not hesitate to contact our office.
Sincerely,
OLMSTED & PERRY CONSULTING ENGINEERS INC.
J s . Olmsted, P.E.
JO/
OLMSTED & PERRY CONSULTING ENGINEERS INC .
10730 Pacific Street • Suite 232 • Omaha, Nebraska 681 14-4700
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City of Gretna - Sarpy County Connection Agreement
INTERLOCAL COOPERATION AGREEMENT
THIS AGREEMENT, entered into this co day
2000, by and between the COUNTY OF SARPY, NEBRASKA (herein "S rpy") and
the CITY OF GRETNA, a municipal corporation in Sarpy County (herein "Gretna").
WHEREAS, the City of Gretna, Sarpy County, Nebraska and the City of La
Vista entered into an Interiocal Cooperation Agreement for the extension of the
County Industrial Sewer pursuant to the County Industrial Sewer Construction
Act (LB. 1139, Law of Nebraska, 1994) hereinafter referred to "the Act," in order
to attract and retain large commercial and industrial businesses as authorized by
the Act (herein "Future Growth and Development Area"or"FGDA"); and
WHEREAS, pursuant to that Interlocal Cooperation Agreement, the Sarpy
County Industrial Sewer was extended to approximately 152nd Street; and
WHEREAS, Sarpy County, Nebraska, has made a determination to extend
the remains of the County Industrial Sewer route by purchasing right-of-way
easements west of the terminus of the existing pipe at approximately 152nd
Street up to a connection with the Gretna Municipal Sewer at approximately
204th Street; and
WHEREAS, the City of Gretna, Nebraska, wishes to place its Municipal
Sewer within the easement obtained or to be obtained by Sarpy County,
Nebraska, for the future extension of the County Industrial Sewer; and
WHEREAS, the Interlocal Cooperation Act, (Section 13-1801 et seq.,
R.R.S. Nebraska 1943, as amended) allows governmental units to make the most
efficient use of their powers by enabling them to cooperate on the basis of
mutual advantage, to provide services and facilities in a manner and pursuant to
the economic, population and other factors influencing their needs and
development problems.
NOW, THEREFORE, it is agreed as follows:
Section 1, Definitions. As used herein the following terms shall have
the following meanings:
(a) The "Act" shall mean the County Industrial Sewer Act (L.B. 1139
Law Nebraska, 1994);
'Jun CO CUUY ic: u.arn LUO IYULI JJC-OYCC p. J
(b) "Connection" shall mean any connection, hooked on or permitted
discharge, whether direct or indirect, that result in or will result in
wastewater eventually flowing into or being transported by the
Gretna Municipal Sewer to the point where it interconnects with the
County Industrial Sewer, whether such connection be to the Project
or to any sanitary sewer line or outfall or sewer facility flowing
directly or indirectly into the Sarpy County Industrial Sewer, and
without regard to the ownership of Intervening lines or outfalls,
(c) "Gretna Municipal Sewer" shall mean the proposed Gretna
Interceptor Sewer which will run generally south and west of the
connection to the existing 24" diameter sewer near 152nd Street.
The Gretna Interceptor Sewer will be designed to serve the Oty of
Gretna and the portion of south Papiillon Creek Basin in western
Douglas County (future Omaha). The Interceptor Sewer cannot and
is not intended to serve the entire area of the drainage basin.
Future services to areas beyond the ones described may
necessitate the construction of a future parallel sewer from
approximately 144th Street to approximately 192nd Street.
(d) "La Vista Project Area" shall mean those areas within La Vista's
"FGDA" as defined by the Interlocal Cooperation Agreement of
1996.
(e) "Gretna Project Area" shall mean those areas within Gretna's
"FGDA" as defined by the Interlocal Cooperation Agreement of
1996.
(f) "Interlocal Cooperation Agreement of 1996" shall be defined as the
agreement entered into In 1996 between the County of Sarpy,
Nebraska, the City of La Vista, a municipal corporation in Sarpy
County, and the City of Gretna, a municipal corporation in Sarpy
County, Nebraska, wherein the Sarpy County Industrial Sewer was
extended to its current terminus at or about 152"d Street.
(g) "Map" A map of the area showing the relationship of Omaha,
Gretna, La Vista, PapiIlion, Sarpy County and Douglas County is
attached and made a part hereof. The map shows the present city
limits and zoning jurisdiction limits of each municipality. The map
also shows the route and sizes of the Interceptor Sewer required to
serve Gretna, Sarpy County and Douglas County.
2
/ - -� -_ --- • -•- •• •.••••• ITUCi JJC-a YCC fD. `t
•
Section 2. Authority. The authority for the parties entering into this
Agreement is that authority granted by law, Including the general power of the
parties, the County Industrial Sewer Construction Act and the Interiocal
Cooperation Act of the State of Nebraska.
Section 3. Purpose. The purpose of this Agreement is to fadlitate
the inter-connection between the Gretna Municipal Sewer and the County
Industrial Sewer and to allow the Gretna Municipal Sewer to be placed within the
easement of Sarpy County, Nebraska, for future expansion of the County
Industrial Sewer and other matters of joint interest and concern., By this
Agreement, Gretna is permitted to place within the easement and to have a
perpetual license within the easement to place Its Municipal Sewer within the
County right-of-way for the County Industrial Sewer so long as it does not
interfere with the County Industrial Sewer. Nothing in this Agreement prevents
the County from extending the Industrial Sewer from its current terminus at or
near 152 Street.
Section 4. Construction and Management, Subject to the
provisions hereof, the responsibility for design, construction, financing and
management of the Gretna Municipal Sewer shall be with Gretna. Any rights or
responsibilities under the County Industrial Sewer Construction Act as concerns
the County's easement, shall be governed by the Agreement of 1996, as far as is
applicable. Treatment of waste is intended to be at the Papiliion Creek Plant and
by this Agreement, both parties encourage the City of Omaha to enter into an
Agreement with the City of Gretna for treatment of that waste.
Section 5. Connections Sarpy County shall not, directly or
indirectly, permit the connection to the Gretna Municipal sewer, or future
extension thereof, of any property, lot or structure used or to be used for any
purpose whatsoever without the express permission of the City of Gretna.
Within the Sarpy zoning jurisdiction, Sarpy County shall have exclusive zoning
authority and Gretna will not interfere in Sarpy County zoning decisions. Gretna
will notify Sarpy County, Nebraska, of any connections allowed to the Municipal
Sewer.
Connections of non-residential structures within the Sarpy County Zoning
Jurisdiction shall be allowed to connect to the Gretna Municipal Sewer, provided
that other reasonable conditions for site connection, including the payment of
applicable Fees, have been met. Connections by non-residential development
within the Sarpy County Zoning Jurisdiction may only be denied by Gretna if the
new connection, along with connections which have previously been completed,
will cause the Gretna Municipal Sewer to exceed its estimated capacity.
3
--. ...... TUG J Doc- J.,C p.
Section G. Non-Impairment of County Industrial Sewer Needs,
At any time in which there is a determination of under capacity of outfall sewer
for future needs within the areas served, the provisions of Section 10 of the
Interiocal Cooperation Agreement of 1996 shall control for future connections.
Section 7. Gretna Initiated Connections, Sarpy County shall not
deny connection to the Gretna Municipal Sewer of any user or potential user
located west of 152rd Street which shall receive plat approval or other connection
approval to connect to the Gretna Municipal Sewer. Such connections shall be
subject to compliance with Sarpy County standard regulations and standard
connection fees and other impositions charged by Sarpy County in respect to the
Project.
Section 8. La Vista's Own Jurisdiction, In the areas determined to
be under the "FGDA" Identified In the Agreement of 1996, La Vista shall continue
to have any and all rights within the La Vista Project Area, under the Terms of
the 1996 Agreement and State Law.
Section 9. Sarpy Fees Collected. All fees collected by Sarpy County,
Nebraska, for outfall sewer or sewer connection fees for areas which will
eventually be served by the Gretna Municipal Sewer, shall be transferred to the
Gretna Municipal Sewer Fund as of June 1, 2001 and used for the purposes of
the payment of debt, maintenance, construction or re-construction of the Gretna
Municipal Sewer.
Section 10. Separate Fund, Sarpy County, Nebraska, currently
maintains a separate fund for the repair and maintenance of the County
Industrial Sewer and the retirement of the debt obligated by same. The City of
Gretna will put funds in a segregated fund for similar purposes.
Section 11. Gretna. Because Gretna is going to build the Interceptor
Sewer, within ninety (90) days of the presentation of a Statement, Gretna will
reimburse the Sarpy County from the Gretna Sewer Fund, Sarpy County's
easement cost. In return, Sarpy County will collect the Sewer Connection Fees
for the Sarpy County area and transfer them to Gretna to retire the debt on the
sewer.
Section 12, Gretna Responsibility. Gretna shall be responsible for
obtaining and granting any and all local and state government permits for the
sewer construction and connection. Sarpy County shall obtain the easements
necessary for the extension of the County Industrial Sewer.
Section 13. Enforceable Agreement. This is an Agreement between
the named parties hereto, enforceable only by them. No third party beneficiaries
4
•
-- �.... �.., .� �. ...,.a l'7UCJ aac-aYcc P• b
••
are created or allowed to enforce this Agreement or claim damages for Its
breach.
Section 14, Xnterlocal Cooperation Act. This Agreement is entered
Into between the parties pursuant to the Interlocal Cooperation Act of the State
of Nebraska contained in Chapter 23, Article 22 of the Revised Statutes of
Nebraska, 1993, Reissue 1994; and to the extent this Agreement shall be
governed by the provisions of said Act, it shall be construed consistent with the
objects to be accomplished pursuant to said Act. In this respect:
(a) The duration of this Agreement shall be as set forth in Paragraph 3
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
entitles of their choosing.
(c) The purpose hereof Is as stated in Section 3.
(d) The financing of this cooperative undertaking shall be as set forth
in Section 12.
(e) This Agreement can be modified only upon joint action of the
parties and approval by their respective City Council and County
Board.
(f) 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 but consistent with their respective
obligations in this cooperative undertaking.
Section 15. Term of Agreements This Agreement shall be effective
upon approval of the respective governing bodies of the parties and shall
continue In full force and effect until the purposes hereof have been
accomplished unless sooner terminated In accordance with Section 14 (e) hereof.
Section 16. ,Fees For all connections within the Sarpy County Zoning •
Jurisdiction, Sarpy County shall collect fees according-to Gretna's then applicable
schedule. Sarpy shall transfer to Gretna, on at least a quarterly basis, the sewer
platting fees and sewer fees at time of permitting. Sarpy shall retain five percent
5
�.... . .. �. i-rucJ .1oc-o•tcc p. r
•
•
•
(5%) of the total fees collected for Gretna's Sewer Fund, which shall be
deposited in the segregated Sarpy County Sewer Fund. Sarpy shall report to
Gretna on a quarterly basis of all fees that it has collected and remit to the City
of Gretna the fees owed to Gretna. Gretna shall be responsible for the collection
of fees within the Gretna Zoning Jurisdiction for all connections to the Gretna
Municipal Sewer. Gretna shall minimally charge the sum of $3,878.00, or its
equivalent, for connection to the Gretna Municipal Sewer. At least that minimal
amount shall be deposited in the segregated Gretna Municipal Sewer Fund.
Section 17. 5arov Sewer Extension. Sarpy County reserves whatever
rights it has under the 1996 Agreement and State Law, to a tend the County
Industrial Sewer, In the event that the County extends the Industrial Sewer, for
the purposes of the County Industrial Sewer Act, Industrial users attached to the
Gretna Municipal Interceptor Sewer and adjacent to the County Industrial Sewer
Extension shall disconnect from the Municipal Sewer and reconnect to the newly
extended Sarpy County Sewer. Upon said changing of connections, Gretna shall
pay to Sarpy County, connection fees received by it within its segregated fund
for the original connection to the Gretna Municipal Sewer of the disconnected
properties, minus any costs incurred by Gretna for disconnection and
reconnection incurred and any funds reimbursed to Sarpy County, pursuant to
Section 11.
IN WITNESS WHEREOF, the parties hereto have executed or have caused
this Agreement to be so executed by them and their duly authorized officers on
the day and year first above written.
ATTEST: CITY OF GRETNA, NEBRASKA
By ('V 'I
City Clerk May r
a�,sYcrt-
Tr.F.E.Kft
L COUNTY OF SARPY, NEBRASKA
Asidi / By _ J
Coun y 4��000
irman of oard of Commiss ners
Approved as to form:
C •tazaty Attorney
6
Jan 28 2004 12: 05PM COG (4021 332-b422 p. tt
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Attachment 2
INTERLOCAL COOPERATION AGREEMENT
THIS INTERLOCAL COOPERATION AGREEMENT is entered into on the odaday of
)OUO..Artn.1.0I , 2003 by Sanitary and Improvement District No. 158 of Sarpy County,
Nebraska(herein referred to as "SID 158"), Sanitary and Improvement District No. 176 of Sarpy
County,Nebraska(herein referred to as"SID 176"),and Sanitary and Improvement District No. 192
of Sarpy County, Nebraska (herein referred to as "SID 192")and SID 158, SID 176 and SID 192
herein collectively referred to as the"Three SIDs",
WHEREAS,the Three SIDs hereby state the following recitals:
1. The Three SIDs entered into a Waste Water Discharge And Treatment Agreement on
November 11, 1997 which provided for(a)the treatment of waste water from SID 176 and SID 192
in SID 158's sewer treatment plant and(b)the use by SID 192 of SID 176's sewer lift station,forced
main and storage area(herein referred to as the "Lift Station").
2. The City of Gretna has constructed a waste water interceptor sewer(herein referred to as
"Gretna Municipal Sewer")to convey waste water to Omaha's Wastewater Treatment Plant located
at the confluence of Papillion Creek and the Missouri River.
3. The Three SIDs have entered into an Interlocal Cooperation Agreement with the City of
Gretna which allows the Three SIDs to discharge their waste water in the Gretna Municipal Sewer.
Said Agreement with Gretna also provided that Gretna would build a connecting sewer line(herein
referred to as the"Connecting Sewer Line")from the Gretna Municipal Sewer to within a few feet
of SID 158's present outfall sewer. -
4. The Three SIDs have paid Gretna the amount specified in the Interlocal Cooperation
Agreement,including their share of the cost of building the Connecting Sewer Line from the Gretna
Municipal Sewer to a short distance from SID 158's sewer outfall line. The Connecting Sewer Line
1
has now been completed, except for the last 70 feet.
5. The remaining step is for the Three SIDs to enter into an agreement with Omaha to treat
the waste water of the Three SIDs in Omaha's Wastewater Treatment Plant.
6. After receiving written approval of Omaha to treat the waste water from the Three SIDs
in Omaha's Wastewater Treatment Plant and the commencement of the treatment of said waste
water,the Three SIDs will abandon SID 158's sewer treatment plant.
7. By this Interlocal Cooperation Agreement the Three SIDs wish to provide that SID 176
and SID 192 shall have the right to use a portion of the sewer system of SID 158 (herein referred to
as"SID 158's Multiple Use Sewer Line")to transport their waste water into the Connecting Sewer
Line and the right of SID 192 to discharge its waste water into SID 176's Lift Station.
8. The annual cost of operating SID 176's Lift Station and any costs incurred in operating
SID 158's Multiple Use Sewer Line will be shared as provided herein.
9. The Three SIDs wish to provide how the charges to them by Omaha for treating their
waste water will be divided.
NOW, THEREFORE,the following is agreed between the Three SIDs:
1. Right To Use SID 158's Sanitary Sewer System And SID 176's Lift Station. SID 158
hereby grants the right to SID 176 and SID 192 to discharge their waste water in SID 158's Multiple
Use Sewer Line. SID 176 hereby grants the right to SID 192 to discharge its waste water in SID
176's Lift Station.
2. Term Of Rights. The rights granted in Paragraph 1, above, shall be forever.
3. Operating Repairs And Sharing Of Expenses OF SID 176's Lift Station.
a. SID 176 Operates Lift Station. SID 176 shall operate and maintain its Lift Station
in accordance with good engineering and waste water practices and all rules and regulations required
•
by law to provide proper, adequate and uninterrupted transmission of waste water from SID 192
through said Lift Station.
b. SID 176 Pays Lift Station Operating Costs. SID 176 shall pay for the
maintenance, operation, repair, reconstruction costs and related cost of the Lift Station (herein
referred to as"Lift Station Operating Costs"). SID 176 shall annually compile and report to SID 192
the total Lift Station Operating Costs for that year.
c. Percentage Interest Of SID 176 And SID 192. The percentage of interest of SID
176 and SID 192 in SID 176's Lift Station shall be the following:
(1)Total Costs Of Lift Station Paid By SID 176. Attached hereto as Exhibit"A"is
a determination by Seim,Johnson,Sestak&Quist,Certified Public Accountants for SID 176,which
shows that the total costs of the Lift Station was $300,701.19.
(2)Calculation Of SID 176 And SID 192 Percentage Interest In Lift Station.Attached
hereto as Exhibit`B" is a calculation by the same accounting firm that SID 192's share of the Lift
Station was 65.922% and SID 176's share was 34.078%.
(3)Change In Percentage Interest Because Of 60 Additional Apartments In SID 192.
In making the calculation in Exhibit`B"the accounting firm used 3.88 acres of commercial property
and 60 apartments in SID 192. However, the 3.88 acres of commercial was converted into 60
additional apartments in SID 192. As a result,the accountants calculated in Exhibits"C"and"D"
attached hereto that SID 192 owed SID-176 an additional amount of$7,044.92 and increased SID
192's percentage interest to 67.641% and decreased SID 176's percentage interest to 32.359%.
(4)Possible Change In Percentage Interest Because Of Enlarged Storage Basin. On
November 30, 2000 SID 176 and SID 192 signed a First Amendment To Waste Water Discharge
And Treatment Agreement(herein referred to as"First Amendment")wherein SID 192 constructed
a storage basin at a total project cost specified in the First Amendment of$113,509,with 65.922%
or$74,827.40,being the share of SID 192 and 34.070%or$38,681.60,being the share of SID 176.
(5) Future Possible Changes In Percentage Interest Because Of 6.38 Acres Of
Commercial In SID 176. In Exhibit"B"the accounting firm used an equivalent population of 95.7
persons for the 6.38 acres of commercial in SID 176 in calculating the percentage interest of SID
176.
(6) Either SID 176 Or SID 192 Can Request Recalculation Of Percentage Interest.
If Paragraph 3.c.(3)requires a recalculation of the percentage interest of SID 176 and SID 192 or
if there is a change in the equivalent population in Paragraph 3.c.(4),either SID 176 or SID 192 may
request an accounting firm to recalculate the percentage interest in the Lift Station of SID 192 and
SID 176. Until such recalculation is done,the percentage interest of SID 192 in the Lift Station shall
be 67.641% and the percentage interest of SID 176 shall be 32.359%.
(7) SID 192 To Reimburse SID 176 For Share Of Lift Station Operating Costs. SID
192 shall reimburse SID 176 67.641%of the Lift Station Operating Costs billed to SID 192 by SID
176 pursuant to Paragraph 3, or a subsequent recalculated percentage interest as determined by an
accounting firm.
4. Amount Still Owing Between SID 176 And SID 192. SID 192 paid SID 176$198,227.60,
SID 192's share of the cost of the Lift Station, plus $42,066.64 of accrued interest, or a total of
$240,264.44,the amount calculated by the accounting firm,on August 10,2000. SID 192 still owes
SID 176 $7,044.92,plus interest,as calculated by the accounting firm in Exhibit"D",and SID 176
still owes SID 192 $38,681.60, plus interest, for SID 176's share of the $113,509 storage basin
referred to in Paragraph 3.c.(4).
5. SID 158's Multiple Use Sewer Line. SID 158 shall own,operate,and maintain SID 158's
Multiple Use Sewer Line into which the waste water of SID 176 and SID 192 shall drain, all to be
in accordance with good engineering and waste water practices and all rules and regulations required
by law to provide proper, adequate and uninterrupted service for SID 176, SID 192 and SID 158.
6. SID 158 Pays SID 158's Operating Costs. SID 158 shall pay for the maintenance,
operation,repair and reconstruction costs,and related costs,of SID 158's Multiple Use Sewer Line,
said costs being referred to herein as"SID 158's Operating Costs." SID 158's Operating Costs shall
be divided between the Three SIDs as provided in Paragraph 7.
7. Mutual Agreement To Pay SID 158's Operating Costs. SID 158's Operating Costs in
Paragraph 6 shall be divided between the Three SIDs on the same percentage basis as is outlined in
Paragraph 12.
8. Formula To Pay SID 158's Operating Costs. If an SID desires to change said percentages
set forth in Paragraph 12, the following procedure shall be followed and the SID requesting the
change shall pay the resulting accounting fees for said change:
a. Equivalent Population Of Three SIDs Determined. The Equivalent Population of the
properties in SID 158, SID 176 and SID 192 shall be determined as follows:
Type Of Use Equivalent Population
Single Family Residence 3.2 persons per lot
_ Apartments - 2.0 persons per apartment
Commercial Property 15.0 person per acre
b. Use. For purposes of the Paragraph 8 in determining Equivalent Population,the lots or
acres"used"shall be determined. A lot or property shall be deemed"used"when a building permit
for the property is obtained.
c. Determination Of Allocation Fraction. The total Equivalent Population of all of the
•
property used in each of the Three SIDs shall be the numerator for said SID of an allocation fraction
and the total Equivalent Population of all Three SIDs added together shall be the denominator of said
allocation fraction. Said allocation fraction shall be the share of each of the Three SIDs of SID 158's
Operating Costs and SID 158 shall be accordingly reimbursed by SID 176 and SID 192.
9. Installation Of Permanent Flow Meter. A permanent flow monitoring station with meter
(herein referred to as the"Meter"), satisfactory to Omaha,shall be installed by SID 158 to measure
the flow of waste water from the Three SIDs into the Gretna Municipal Sewer. Although Omaha
at its cost will provide the Meter,SID 158 will be charged for construction of a manhole and related
costs. These costs will be divided between SID 158 and SID 192, using the same percentages as
was used in the Interlocal Cooperation Agreement between the Three SIDs and Gretna,except that
SID 176 shall not pay any portion of said costs,resulting in the following percentages to be paid by
SID 158 and SID 192: SID 158- 71.60%; SID 192- 28.40%.
10. How SID 176 Pays Omaha For Treating Its Waste Water. The homeowners in SID 176
have MUD water and each home owner has a MUD water meter. The homeowners in SID 176 will
pay their share of the treatment of waste water as a part of their monthly MUD water bill.
11. How SID 158 And SID 192 Pay Omaha For Treating Their Waste Water. Omaha will
total the waste water treatment billed monthly via MUD water bills to the homeowners and other
users in SID 176. Omaha will deduct said total from the reading for that month as shown by the
Meter. The remainder will be divided between SID 158 and SID 192 as follows:
a. By Mutual Agreement. The monthly statement from Omaha for the treatment of the waste
water of SID 158 will be received by SID 158. If SID 158 and SID 192 agree in a writing to the
percentage to be paid by each of them and for the period of time specified in the writing, said
applicable amount will be billed by SID 158 to SID 192 to reimburse SID 158.
b. Formula Amount. In the event SID 158 and SID 192 cannot agree with the simple
approach outlined in Paragraph 11.a., above, an allocation formula shall be determined.
(1)Equivalent Population Of SID 158 and SID 192. The Equivalent Population of
SID 158 and SID 192 shall be determined as provided in Paragraph 8. The total Equivalent
Population of SID 158 and the total Equivalent Population of SID 192 shall each be the numerator
of an allocation fraction. The total Equivalent Population in SID 158 and SID 192 shall be the
denominator of the allocation fraction.
(2)Application Of Allocation Fraction. The monthly bills for the treatment of the
waste water of SID 158 and SID 192 received from Omaha will be multiplied times the respective
allocation fraction and the resulting amount will be the share of SID 158 and SID 192. The initial
allocation fraction shall be prepared by a certified public accountant, said costs to be divided
between SID 158 and SID 192 according to their respective allocation fraction.
(3) Recalculation Of Allocation Fraction. Either SID 158 or SID 192 may request
a certified public accountant to recalculate the allocation fraction but the fee and cost of said
accounting firm shall be paid by the SID requesting the recalculation of the allocation fraction.
c. Option Of SID 158. SID 158 shall pay the whole amount of the monthly bill from Omaha
for the treatment of the waste water of SID 158 and SID 192 and then seek reimbursement from SID
192. Provided,however,SID 158 at any time shall have the option to calculate the share of SID 192,
using the allocation fraction upon receipt of the bill from Omaha,and to send a statement with such
share to SID 192, with SID 192 and SID 158 paying their respective shares to Omaha.
12. Hauling Sludge And Disassembly Of SID 158's Treatment Plant. There is sludge in SID
158's sewer treatment plant which will have to be hauled away and dumped. Also, the sewer
treatment plant must be disassembled and hauled away. The ordinary and necessary cost of hauling
c.
and dumping the sludge and the ordinary and necessary cost of disassembling and hauling away the
sewer treatment plant will be divided between the Three SIDs in the same percentages as Gretna
charged them in the Interlocal Cooperation Agreement between the Three SIDs and Gretna:SID 158-
64.1%; SID 192-24.2%; and SID 176- 11.7%. Any salvage value realized from the sale of part or
all of the treatment plant shall benefit the Three SIDs in the same percentages. This provision shall
not include the costs of sludge previously removed from the sewage treatment plant, said amount
now in dispute between SID 176 and SID 158.
13. Connection To Connecting Sewer Line. A short sewer line will have to be constructed
to connect SID 158's Multiple Use Sewer Line to the Connecting Sewer Line. This cost will be
divided between the Three SIDs, using the same percentages outlined in Paragraph 12.
14. Default By SID 158 or SID 192 Is Not Default By SID 176. The Three SIDs agree,and
will jointly attempt to cause Omaha to agree, that a default by either SID 158 or SID 192 in its
payments for treatment of its waste water to Omaha shall not be the grounds for Omaha to refuse to
treat the waste water of SID 176,provided SID 176 is not in default to Omaha. Provided, further,
in the event of such a default by either SID 158 or SID 192, SID 176 shall have the continuing right
to use the Multiple Use Sewer Line of SID 158.
15. Connection To The Sewer Lines Of The Three SIDs. Users outside the boundaries of
the Three SIDs can only connect to the sewer systems of the Three SIDs with the express written
consent of each of the Three SIDs. The connection fees charged by SID 158 shall be paid to SID
158. SID 176 maintains it has paid for a portion of SID 158's Multiple Use Sewer Line and is
entitled to a portion of any amount SID 158 receives as a sewer connection fee. SID 158 disputes
this claim. In the interest of presenting an executed Interlocal Cooperation Agreement to Omaha as
soon as possible,this issue is left unresolved. All connection fees paid by such user to SID 176 and
SID 192 shall be divided between SID 176 and SID 192 as follows: 67.641% to SID 192 and
32.359%to SID 176 or any recalculated percentages pursuant to Paragraph 3.c. (3) or(4).
16. Reservation Of Rights. Each of the Three SIDs reserves all rights which it has under the
Waste Water Discharge Agreement,dated November 11, 1997,and the First Amendment To Waste
Water Discharge And Treatment Agreement, dated November 30, 2000. Also, each of the Three
SIDs reserves all claims it has against each other pursuant to the above Agreement, the First
Amendment and all other claims.
17. Interest. In the event an SID is billed under this Agreement and does not pay said
amount by warrants delivered within 60 days after the date of the invoice,the billing SID will charge
delinquent interest at the rate of 8%per annum from the date of the invoice.
18. Binding Effect. This Interlocal Cooperation Agreement shall be binding on the Three
SIDs and their successors and assigns.
Dated the date above written.
Sanitary and Improvement District No. 158 of
Sarpy County,Nebraska
By:Cf:15-
Chairman
Sanitary and Improvement District No. 192 of
Sarpy County,Nebraska
By:
hairman
•
Sanitary and Improvement District No. 176 of
Sarpy County,Nebraska-
By:
• _. Chairman
{.' :. SANITAnY SEWER SECTION II LIFT STATION -
COST ALLOCATION AGREEMENT
ACCRUED TOTAL HARD
REGISTRATION PER AMOUNT THROUGH ARO SOFT
NUMBER DATE �r GATE _ PAYEE_.`. ., CATEGORY AMOUNT _CA LC ALLOCATED 12A97r COSTS..
124 TO 130 04126/96 0500/96 LAMP,RYNEARSON,l ASSOCIATES ENGINEERING 27,706.91 27,704,81 3,449.31 31,1%1.12
64 TO 123 04/26196 05120196 ALL OTHER WARRANTS 294,891.13
J27,39fA4
FISCAL AGENT-5% 0.05
136 T0131 0412696 05/30198 SMITH BARNEY FISCAL AGENT FEE .-.--103014 16,129.90 1,385.39 172.47 1,557.16
131 7119/96 0995/96 UAMP,RYNEARSON,&ASSOCIATES ENGINEERING -� y 3,1148.42 3,948.42 ` 396.09 -•-4,346.51
139 TO 144 7/1996 09105196 All OTHER WARRANTS 17,696.98
. 21.645,31
FISCAL AGENT-5% __ 005
7NN9 145 8 0910596 SMITH BARNEY FISCAL AGENT FEE -1,082.22. 1,082.27 197.42 19.90 217.33
•
216 123M 01/2116 LAMP,RYNEARSON A ASSOCIATES ENGINEERING 3,003.59 3,003.99 289.70 3,213.69
223 TO 226 12398 09/25034 LAUGHUN,PETERSON&LANG LEGAL FEES ' 10.501.03 _ 10,501.03 1,012_70 11,513.13
146 TO 215 82396 090596 ALL OTHER WARRANTS • 354201.04 ..
216 TO 222 512396 09/25%6 ALL OTHER WARRANTS 25.978.57 •
_-.-2933.884.67. .
FISCAL AGENT-5% _____ 0.05
227 TO 230 12391 09/2596 SMITH BARNEY FISCAL AGENT FEE 11,8e4.23 19,664.23 675.25 65.12 740.38
-
313 TO 336 112M8 10/19A6 LG.ROLOFF CONSTRUCTION CO. CONTRACTOR 111,228.71�- '118,228.71 10,805.78 129,034.49
340 AND 341 1120/91 10/1696 LAMP.RYNEARSON&ASSOCIATES ENGINEERING 5,578.4S 5,578.45 501.88 1,018.31
231 T0312 912096 10/1e96 ALL OTHER WARRANTS 433.760.09
337 TO 339 912056 10118/96 ALL OTHER WARRANTS 34.855.05
341 TO 346 -'
592,ia2.20
FISCAL AGENT-5% 0.05
353 TO 358 Y2096 10/189 -
__6 SMITH BARNEY FISCAL AGENT FEE 29,821,12 29.621.12 6,190.31 565.76 6,736.14
376 TO 380 10/2994 11112/96 LG.ROLOFF CONSTRUCTION CO. CONTRACTOR 'yf 25,017.68 25,017.65 2149.46 27,167.14
439 109194 11I12A6 LAMP,RYNEARSON 6 ASSOCIATES ENGINEERING 740.37 740.37 63.61 803.9$ 1
360 TO 375 102996 11/1296 ALL OTHER WARRANTS 97459.19
361 TO441,446 10/29196 11n2i96 ALL OTHER WARRANTS 290,311.78
-___
7U,529.02
FISCAL AGENT-5% 005
447 TO 451 101291/8 01/039 ___7 SMITH BARNEY FISCAL AGENT FEE 20,676.45 20.676.45 1,287.90 101.62 1,381.52
` �Y
468 1/1097 021197 LAMP,RYNEARSON A ASSOCIATES ENGINEERINGT_ 601.37 601.37�� 39.67 141.04
453 TO 470 1/1097 02/1197 ALL OTHER WARRANTS 77.443.77
`---78,045.-t4
FISCAL AGENT-5% _____ 005
472 111097 0L1197 SMITH BARNEY FISCAL AGENT FEE 3,852.20 3,902.26 30.07 1.91 3200
417 411697 042897 LAMP,RYNEARSON B ASSOCIATES ENGINEERING�.. !• 656.14 �, T•' 854.14 3236 680.50
479 TO 4159 4/1697 01/2097 ALL OTHER WARRANTS 49.736.60
--50,397.e2
FISCAL AGENT-5% __ __ 005
181 4/1617 04/2697 SMITH BARNEY FISCAL AGENT FEE 2.511.84 2.519.64 3281 1.62 34.42
511 572197 069197 LAMP,RYNEARSON A ASSOCIATES ENGINEERING 219.01 211.08 9.17 226.25
493 TO 519 - S21A7 06/0197 ALL OTHER WARRANTS 124,814.55 .
--..125,633 63
FISCAL AGENT.5% __ ' 0.05
$20 TO 521 5/2197 0610197 SMITH BARNEY FISCAL AGENT FEE 8.25f.6e 6.25168 10.95 0.46 11.41
$31 772197 041797 LAMP,RYNEARSON 6 ASSOCIATES ENGINEERING ry 839.99 'tom` 831.99 N1 21.91 ^Q�861.90
525 70 530 79197 06/1297 ALL OTHER WARRANTS 34410.42
532 TO 533 72197 08/1297 ALL OTHER WARRANTS 355 00
35.605.41
FISCAL AGENT•5% 0 05
534 7/21117 01/12,97 SMITH BARNEY FISCAL AGENT FEE ____1,780.00 1,780.27 41.99 0.00 11.99
•
576 10/6/97 11/1097 LAMP,RYNEARSON 6 ASSOCIATES ENGINEERING 1,714.86 1,714.61 10.00 1,725.76
572 T0580 106/97 11/1097 ALL OTHER WARRANTS 25.654.38
_ _
27.361.24 I
FISCAL AGENT-5% ____ 005
5 101SAT 1111097 SMITH BARNEY FISCAL AGENT FEE 1,sa.17
N 1,368.46 85.74 0.54 $6.29
594 12/1/17 12/1997 LAMP,RYNEARSON 4 ASSOCIATES ENGINEERING 1.911.47 1,911.47 0.00 1,911.47
593 TO 596 12/197 /211997 ALLOT/1ER WARRANTS 14.412.59
-
-- '102406
FISCAL AGENT-5% 0,05
697 12/1M 121199 __7 SMITH BARNEY FISCAL AGENT FEE 818.20 818.20 95.57 0.00 95.57
602 TO 615 11N8 012398 LG.ROLOFF CONSTRUCTION CO. CONTRACTOR 64,774.15 68,774.15 0.00 66,774.15
616 TO 617 I698 012395 ALL OTHER WARRANTS . 3,714.17
._-70,188 32
FISCAL AGENT-5% 005
619 1/6/98 0121 -
-
_98 SMITH BARNEY FISCAL AGENT FEE 3,321.41 3.524 42 3,338.70 0.00 3,331.70
621 16/98 032198 LAMP,RYNEARSON&ASSOCIATES ENGINEERING 164.50 164.50 0.00 164.50 11
1129 316/90 030396 ALL OTHER WARRANTS _..._-_ 2,543 74
2,708.24
•
FISCAL AGENT•5% - __ _SOS
311AS 032398 SMITH BARNEY FISCAL AGENT FEE - -0.00 13541 0.00 0.00 0.00
TOTALS .3260,971.16 519,722.02 6700,701.79
COST ALLOCATION FORMULA
• COST TO
FRACTION STEM,
EUIIYAI FHT POPULAIIOTLS101192 767.00 $196,227.60
TOTAL EQUIVALENT POPULATION 1.163.50
PLUS INTEREST AT 8%FROM DECEMBER 9,1997 TO AUGUST 3,2000 PER
PART C.3 8.OF WASTE WATER DISCHARGE AND TREATMENT AGREEMENT 42.056.64
TOTAL CHARGES TO 510 192 FOR SEWER LIFT STATION w 5240,201444
•
NOTES (II LEGAL FEES ARE INSULIN 1%0F CONSTRUCTION COSTS
(21 FISCAL AGENTS FEES WE BASED ON 1%OF AUL CONSTRUCTION COSTS INCURRED ETCWSNE OF FISCAL AGENT FEES
EXHIBIT f5A"
•cation Percentages
quivalent Population Calculations
SID 176 and 192
Equivalent
SID 176 Population Total
Single Family lots 94 3.2 300.8
Commercial 6.38 15.0 95.7
•
Equivalent Population 396.5
Equivalent
SID 192 Population Total
Single Family lots 184 3.2 588.8
Commercial 3.88 15.0 58.2
Apartments 60 2.0 120.0
Equivalent Population 767.0
Percentage SID 192 is responsible for: 767.0 65.922%
1,163.5
EXHIBIT "B"
• J.C1M
. �� • JOHNSON ^;
SE &
S SQJStTLP1
CONSULTANTS
&ACCOUNTANTS
•
8807 INDIAN HILLS DRIVE
Suite 300
OMAHA.NEBRASKA
68114-4123 . February 1.2, 2002
TEL (402)3301660 .
FAX: (402)330.5108
maitesisq.eom
www.$)sq.com
Harvey D.Johnson.CPA
Wendell L o1iit.cm Mr. Ronald W. Hunter
Clifford C H`m"ngton.cm Attorney at Law
Rover E.Howson.CM Roger E.-Thompson.CPA 11605 Arbor Street, Suite 104
Tom H.Schnack.CM Omaha, NE 68144
Daniel L Hassel.CPA
Dennis K.Crindle.CPA
Dennis R.Hein.CPA Dear Ron:
Brent T.Friehauf.cm
Enclosed is the calculation for the amount SID 192 owes to SID 176 for the
construction of the additional 60 apartments on the 3.88 acres in regards to the
Sanitary Sewer Section II Lift Station cost allocation agreement.
The construction cost did not change from the previous calculation where SID 192
paid $240,284.44 to SID 176. However, the equivalent population calculation did
change since the use of the 3.88 acres changed from commercial to apartment usage.
The change in equivalent population results in a revised calculated amount of
$246,284.44; thus, the additional amount SID 192 owes to SID 176 with interest
accrued through February 22, 2002 is $7,044.92.
If you have any questions, please contact us.
Sincerely,
SEIM, JOHNSON, SESTAK & QUIST, LLP
Jason J. Kruse
JJK:dh
Enclosures
C: Mr. Jim Lang (w/enclosures)
G:\DATA\350013ES11L1FTSTATIONCALCLETTE .DOC
EXHIBIT "C"
•
z/ •
SID 176
SANITARY SEWER SECTION II UFT STATION
COST ALLOCATION AGREEMENT
ACCRUED TOTAL HARD
REGISTRATION PER AMOUNT THROUGH AND SOFT
NUMBER DATE DATE PAYEE CATEGORY AMOUNT CALC ALLOCATED 12/997 COSTS
124 TO 130 04211/114 05/1011996 LAV,RYNEARSON,IL ASSOCATE6 ENGINEERING 27,704.01 27,709.111 3,441.31 31,16112 i
64 TO 123 04726195 05/2011986 ALL OTHER WARRANTS 284,891.13
322,517.94
• FISCAL AGENT-5% 0.05
131TO 138 01/2916 06/2011108 SMITH BARNEY FISCAL AGENT FEE 11,134.41 15,129.90 1,316.39 172.47 1,667.84
131 711/M 06/06/1198 LAMP,RYNEARSON,A ASSOCIATES ENGNEERING 3,541842 3,546.42 398.01 4,341.51
139 TO 144 7/19/56 09/05/1998 ALL OTHER WARRANTS 17,898.98
21,645.38
FISCAL AGENT-5% __ 0,05
146 7/1996 0816/1916 SMITH BARNEY FISCAL AGENT FEE 1,082.57 1,06227 197.42 1LM 217.33
216 1/2396 05251199/ LAMP,RYNEARSON 8 ASSOCATES ENGNEERNG 3,00291 3,00199 189.70 3,293.59
223 TO 221 6/2316 0825M/N LAUGHLN,PETERSON 8-LANG LEGAL FEES 10,501.03 10,501.03 1,012.70 11,513.73
148 TO 215 82198 09/2511998 AU.OTHER WARRANTS 354,201.04
218 TO 222 623/96 0995/1998 ALL OTHER WARRANTS 25,978.57 .
393,654.63
FISCAL AGENT-5% 0.05
227 TO 230 1/23/N 0926/19118 SMITH BARNEY FISCAL AGENT FEE 19,54437 19,68423 675.25 86.12 740.34
313 TO 334 9I0191 10H W 9N LG.ROLOFF CONSTRUCTOR CO. CONTRACTOR 111,220.71 118,22/.71 10,505.78 129,034.49
340 AND 341 V20/N 10HW9N LAMP,RYNEARSON&ASSOCATES ENGNEERNG 5,578.45 6,578.45 509.18 8,086.31
231 TO 312 92096 10118H996 AU.OTHER VARIANTS 433,760.09
337 TO 339 920195 1011611595 ALL OTHER YMNANTS 341155.05
341 TO 346 92,422.30
FISCAL AGENT-5% 0.05
353 TO 351 920/N 1 V1 W 996 SMITH BARNEY FISCAL AGENT FEE 29,521.12 29,621.12 6,190.38 640.7/ 8,756.14
371 TO 350 1012996 11/1211118 LG.ROLOFF CONSTRUCTOR CO. CONTRACTOR 25,017.68 25,017.18 2141.46 27,187.14
431 1021/16 11/12/1998 LAMP,RYNEARSON•ASSOCATES ENGNEERNG 740.37 740.37 13.61 80158
360 TO 375 1020198 11/12/1996 ALL OTHER VA/MAWS 97,459.19
301 TO 441,448 1012996 11/12/1996 ALL OTHER VMRRANTS 299311.78
413,529.02
FISCAL AGENT-5% 0.05
447 TO461 10211911 01/03/1867 SMITH BARNEY FISCAL AGENT FEE 20,578.48 20978.45 1,287.90 101.82 1,389.62
486 1/1097 02/1 V1117 LAMP,RYNEARSON 4 ASSOCATES ENGNEERNG 601.37 601.37 30.67 641.04
453 TO 470 1/1097 02/11/1997 ALL OTHER WARRANTS 77.443.77
76,045.14
FISCAL AGENT-5% 0,05
472 1110117 Mints? SMTI SARNEY FISCAL AGENT FEE 3,90125 3,902.26 30.07 1.11 3205
417 4/16117 04241997 LAMP,RYNEARSON A ASSOCATES ENGNEERNG 156.14 154.14 3134 685.60
479 TO 489 4/1697 0426/1997 ALL OTHER WRRRAHTS 49,736.61
i 50,392.62
FISCAL AGENT-5% 0.05
411 4/1697 0428/19117 SMTTH BARNEY FISCAL AGENT FEE 2,519.14 2,519.64 3251 1.62 34.42
519 512197 0691/11/7 LAMP,RYNEARSON 8 ASSOCATES ENGNEERNG 219.08 219.011 9.17 228.25
493 TO 519 52197 06101/1997 ALL OTHER WARRANTS 124,814.55
125,033.63
FISCAL AGENT-5% 0.05
620 TO 521 6/21117 0401/19/7 SMITH BARNEY FISCAL AGENT FEE 0.211.11 8,251.68 10.95 0.46 11.41
531 72197 08/12/1997 LAMP,RYNEARSON 6 ASSOCATES ENGNEERNG 139.19 139.91 21.91 561.90
525 TO 530 72197 Mom 997 ALL OTHER~RANTS 34,41042
S32 TO 533 72197 0612/1997 ALL OTHER WARRANTS 355.00
35,605.41
FISCAL AGENT-5% 0.05
534 72197 08/12/1987 SMITH BARNEY FISCAL AGENT FEE 1,780.05 1,780.27 41.99 0.00 41.N
576 10/8/17 11/10/1997 IAMP,RYNEARSON a ASSOCATES ENGNEERNG 1,714114 1,71486 10.90 1,725.71
572 TO 580 1019197 11/1011997 ALL OTHER WARRANTS 25,654,38
27,369.24
FISCAL AGENT-5% 0.05
581 10/V17 11/10/1997 SMITH BARNEY FISCAL AGENT FEE 1,368.47 1,365.48 85.74 0.54 N.21
654 121197 12/19/1997 LAMP,RYNEARSON a ASSOCATES ENGNEERNG 1,911.47 1,911.47 0.00 1,911.47
593 TO 596 12/1/97 12/1911597 ALL OTHER WARRANTS 14,412.59
16,324.06
FISCAL AGENT-5% 0.05
617 1211/17 12/19/1997 sin BARNEY FISCAL AGENT FEE 516.20 816.20 95.57 0.00 95.57
602 TO 616 1A/91 0123/1996 LO,ROLOFF CONSTRUCTOR CO. CONTRACTOR 64,774.11 66,774.11 0.00 65,774.15
618 TO 617 1/5/98 01211998 ALL OTHER WARRANTS 3,714.17
70,445.32
FISCAL AGENT-5% 0.05
811 WU 012311996 SMITH BARNEY FISCAL AGENT FEE "• 262441 3,524.42 3,335.70 0.00 3,338.70
621 3/4/f8 039311998 WARP,RYNEARSON&ASSOCATES ENGNEERNG 164.80 18450 0.00 164.50
629 3896 03211996 ALL OTHER WARRANTS 2,543.74
2,705.24 ♦
FISCAL AGENT-5% 0.05
3I6/95 0/211998 SMITH BARNEY FISCAL AGENT FEE 0.00 135.41 0.00 0.00 0.00
TOTALS 1250,979.11 519,722.02 1300,701.19
COST ALLOCATON FORMULA
COST TO
FRACTION SID 192
Fn1/IVA1 FNT POP14 4TION 510.13145 taus 1203,396.03
TOTAL EQUIVALENT POPULATION 1,225.30
PLUS,INTEREST AT 6%FROM DECEMBER 9,1997 TO AUGUST 3,2000 PER
PART C.3.B.OF WASTE WATER DISCHARGE AND TREATMENT AGREEMENT 43,153.39
TOTAL CHARGES TO SD 112 FOR SEWER LIFT STATOR 5244,649.42
AMOUNT PREVOUSLY PAO BY SO 192 TO SD 175 S240,234.44
BALANCE DUE 362284.98
PLUS,INTEREST AT 6%FROM AUGUST 3.2020 TO FEBRUARY22,2002 PER
PART C.3.8.OF'PASTE WATER DISCHARGE AND TREATMENT AGREEMENT 779.95
TOTAL ADDITIONAL CHARGES TO SO 192 FOR SEWER UFT STATION 17.044.92
NOTES (I) LEGAL FEES ME BASED ON 5%OF CONSSUGTON COSTS
CO FISCAL AGENTS FEES ARE BASED ON M a A11 CONSTUCTX5N COSTS NCURFED E RCLUSME OF FECAL AGENT FEES EXHIBIT "C"
/11 M
.don Percentages
Divalent Population Calculations
.A6176 and 192
Equivalent
SID 176 Population Total
Single Family lots 94 3.2 300.8
Commercial 6.38 15.0 95.7
Equivalent Population 396.5
Equivalent
SID 192 Population Total
Single Family lots 184 3.2 588.8
Apartments 60 2.0 120.0
Apartments 60 2.0 120.0
Equivalent Population 828.8
Percentage SID 192 is responsible for: 828.8 67.641%
1,225.3
EXHIBIT "D"
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Tiburon (Sarpy County S.&I.D. 158), Ballena (Sarpy County
S.&I.D. 192), Lakeridge Estates (Sarpy County S.&I.D. 176) and the City of Omaha wish to
enter into a Wastewater Service Agreement to define the duties and responsibilities of each
party; and,
WHEREAS, Tiburon (Sarpy County S.&I.D. 158), Ballena (Sarpy County
S.&I.D. 192), Lakeridge Estates (Sarpy County S.&I.D. 176) have contracted with the City of
Gretna for construction and connection of an outfall sewer to service the area and convey
wastewater to the Omaha treatment system; and,
WHEREAS, Tiburon (Sarpy County S.&I.D. 158), Ballena (Sarpy County
S.&I.D. 192), Lakeridge Estates (Sarpy County S.&I.D. 176) will not allow anyone outside of
the area defined in the agreement to hook onto the sewer line without Omaha's permission; and,
WHEREAS, Omaha agrees to accept and treat the waste water generated by this service
area; and,
WHEREAS, the attached Agreement, which by this reference becomes a part
hereof, details all parts of the Agreement between Tiburon (Sarpy County S.&I.D. 158), Ballena
(Sarpy County S.&I.D. 192), Lakeridge Estates (Sarpy County S.&I.D. 176) and Omaha.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the Waste Water Service Agreement between Tiburon (Sarpy County
S.&I.D. 158), Ballena (Sarpy County S.&I.D. 192), Lakeridge Estates (Sarpy County S.&I.D.
176) and the City of Omaha, is hereby approved.
APPROVED AS TO FORM:
P:\PW2\14099maf.doc
CITY ATTORNEY DATE
By
•i% �,
• - Councilmember
Adopted __MAR 1 6 04 ._._. 7-D
Cgf&d4 5-/"5/
- - City Clerk
•Approved
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Mayor
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