RES 2001-1839 - Agmt with city of Elkhorn for interim wastewater treatment of Elk Valley I
O`014°1A,n,F4 fi E C E\ Y E. 0 Public Works Department
is 4'cP Omaha/Douglas Civic Center
1819 Farnam Street,Suite 601
�;� A 01 j9ti 29 MI � Omaha,Nebraska 68183-0601
cw�; ' ~? July 10, 2001 (402)444-5220
t6 -. , .,v- i r RI( Telefax(402)444-5248
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CITY C�
N
O M A N A. Ort b S x A Norm Jackman,P.E.
City of Omaha Acting Public Works Director
Mike Fahey,Mayor
Honorable President
and Members of the City Council,
The attached Resolution approves the Interlocal Agreement between the City of Elkhorn and the
City of Omaha. The Interlocal Agreement states that Elkhorn will treat wastewater for Elk
Valley, a subdivision located Southeast of 204th and West Dodge Road.
Elk Valley straddles the zoning jurisdiction of Omaha and Elkhorn. The Omaha sewer system
does not yet extend to the subdivision. The Interlocal Agreement states that Elkhorn will receive
Interceptor and Sewer Use Fees until the City of Omaha extends its sewer line to service the
subdivision and/or the City of Elkhorn is connected to the Omaha sewer system.
The Public Works Department requests your consideration and approval of the attached
Resolution and Inter-local Agreement.
Respectfully submitted, Referred to City Council for Consideration:
•
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orm Jackman, P.E. Date Ma or's Offi /Titl ate
Acting Director
Approved: Approved:
al..fri. .., 6 fz..2 IO( 1' 7 / eo ./9• °l
Stanley P. T. Date Robert C. Peters $3 Date
Acting Finance Director'' Acting Planning Director
P:\PW 1\1989sap.doc
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is made and entered into on the last date below
written, by and between the CITY OF OMAHA, a municipal corporation in the State of
Nebraska(hereinafter referred to as "Omaha") and the CITY OF ELKHORN, a municipal
corporation in the State of Nebraska(hereinafter referred to as "Elkhorn").
WITNESSETH:
WHEREAS, Sanitary and Improvement District No. 458 of Douglas County,Nebraska,
which is also known as the Elk Valley Subdivision(hereinafter referred to as the "District"), is
partially within the separate zoning and platting jurisdictions of both Omaha and Elkhorn; and
WHEREAS, the District shall initially be provided with sanitary sewer service
exclusively by Elkhorn, but a "future sewer separation" is planned which will change the
provision of sanitary sewer services for lots 31 through 109 and 231 through 233 from Elkhorn
to Omaha; and
WHEREAS, Omaha and Elkhorn wish to agree upon various matters concerning the
District which arise because of the aforesaid division in zoning and platting jurisdictions and
which further involve the provision of sanitary sewer services; and
WHEREAS, Omaha and Elkhorn are authorized by the Interlocal Cooperation Act,Neb.
Rev. Stat. §§ 13-801 through 827 (Reissue 1997) to enter into this Interlocal Agreement so as to
cooperate and make the most efficient use of their powers and thereby provide services and
facilities in a manner that will accord best with geographic, economic, and other factors which
influence the needs and development of the District.
1
41)
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
I.
A. The District is partially within Omaha's zoning and platting jurisdiction and
partially within Elkhorn's zoning and platting jurisdiction, and thus a number of
the lots within the District are intersected by the boundary line between these two
(2)respective zoning and platting jurisdictions. In order to eliminate the
intersection of any lot by the boundary line of these two (2)respective zoning and
platting jurisdictions, Omaha and Elkhorn agree that such boundary line within
the District shall be modified so that the boundary line shall be as designated and
shown per the plat (Exhibit "A"), with the following designated lots being within
the following designated zoning and platting jurisdiction:
(1) Lots 31 through 109 inclusive, 116 through 148 inclusive, 163 through
177 inclusive, 185 and 186 inclusive, and 211 through 233 inclusive are
within the zoning and platting jurisdiction of Omaha(hereinafter referred
to as "Omaha's jurisdiction"); and
(2) Lots 1 through 30 inclusive, 110 through 115 inclusive, 149 through 162
inclusive, 178 through 184 inclusive, and 187 through 210 inclusive are
within the zoning and platting jurisdiction of Elkhorn(hereinafter referred
to as "Elkhorn's jurisdiction").
B. Except as is hereinafter provided in Section II-(A)with regard to the application
of sanitary sewer ordinances and regulations,the lots which, as designated in
2
Section I-(A) above, are within the respective jurisdictions of either Omaha or
Elkhorn, shall be subject to the applicable ordinances, rules, resolutions,
regulations, codes, and franchises of such municipality. Thus, for building permit
purposes, Omaha will be responsible for issuing building permits for lots within
Omaha's jurisdiction and Elkhorn will be responsible for issuing building permits
for lots within Elkhorn's jurisdiction. For sewer connection permit purposes,
Elkhorn will be solely responsible for issuing sewer connection permits for all lots
within Elkhorn's jurisdiction, and Elkhorn will also jointly issue sewer connection
permits with Omaha for the lots within Omaha's jurisdiction until such lots are
served by Omaha's wastewater treatment plant. For lots requiring sewer
connection permits from both Omaha and Elkhorn, the permits must be in
conformity with both Omaha's and Elkhorn's ordinances, regulations, and
conditions applicable to sewers and sewage as now exist and as from time to time
may be enacted or amended.
C. Elkhorn and Omaha will jointly inspect the sewer service connection to the sewer
main for all lots with Omaha's jurisdiction so as to ensure each connection's
compliance with both Elkhorn's and Omaha's ordinances, regulations and rules.
To achieve this joint inspection, Omaha's Building Inspector will make contact
with Elkhorn's Building Inspection Department at 289-2678, Extension 305,to
advise when Omaha's Building Inspector is ready for said sewer service
connection. Within twenty-four(24)hours after notification, Elkhorn shall
complete said inspection.
3
II.
A. Notwithstanding any other provisions herein to the contrary, as long as Elkhorn
provides sanitary sewer service to any lots within the District, such lots shall be
subject to all Elkhorn ordinances, regulations, and conditions applicable to sewers
and sewage; to all Elkhorn ordinances, regulations, and conditions applicable to
sanitary and improvement districts which are connected to the sewer systems of
Elkhorn; and to all fees, charges, and rates of Elkhorn applicable to sewers which
connect to the sewer systems of Elkhorn.
B. The prior written agreement of Omaha and/or Elkhorn, as applicable, shall be
required in order to permit any sewer lines or sewer systems outside the
boundaries of the District to be connected to: the sewer or sewer lines of the
District, any sewer from the District's boundaries to the sewers of Omaha or
Elkhorn or any sewers connected to the sewers of Omaha or Elkhorn, any outfall
sewer of Omaha or Elkhorn or any outfall sewer connected to the sewers of
Omaha or Elkhorn, or any sewage treatment plant of Omaha or Elkhorn.
C. Before Omaha will issue a sewer connection permit for lots within Omaha's
jurisdiction, Omaha will require
(1) A District receipt which shows that the District has been reimbursed
$750.00 for Elkhorn's Special Outfall Sewer/Wastewater Treatment
Facility Connection Charge, which the District paid to Elkhorn; and
(2) A copy of the Elkhorn sewer connection permit.
4
y A e
D. Upon the contemplated "future sewer separation" or in the event any lots are
otherwise connected to Omaha's treatment plant, Elkhorn's Special Outfall
Sewer/Wastewater Treatment Facility Connection Charge as provided in Section
X of the Subdivision Agreement between Elkhorn, the District, and the
Subdivider, shall continue to remain as a special assessment or charge against
each lot which has not previously paid said Special Outfall Sewer/Wastewater
Treatment Facility Connection Charge, and the Special Outfall Sewer/Wastewater
Treatment Facility Connection Charge shall continue to be collected by the
District.
III.
A. No interceptor sewer fees for lots within Omaha's jurisdiction, shall be payable to
Omaha by the District.
B. At such time as Elkhorn may contract with Omaha for sanitary sewer services via
the connection of Elkhorn's Old Lincoln Highway wastewater treatment plant to
Omaha's treatment plant, Elkhorn shall then pay to Omaha the applicable
interceptor sewer fees for all Omaha jurisdiction lots within the District. At the
time that Elkhorn may contract with Omaha to treat the wastewater which now is
treated through Elkhorn's wastewater treatment plant on Old Lincoln Highway,
Elkhorn will then pay interceptor sewer fees to Omaha at the then applicable rate
for all residential, business, and industrial facilities which are then connected to
Elkhorn's wastewater treatment plant on Old Lincoln Highway.
5
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CITY OF OMAHA
• LEGISLATIVE CHAMBER
Omaha,Nebr July 10, 2001
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Elk Valley, a subdivision located Southeast of 204th and West Dodge
Road, straddles the zoning jurisdiction of the City of Omaha and the City of Elkhorn; and,
WHEREAS, the City of Omaha sewer system has not been extended to the
subdivision; and,
WHEREAS, the city of Elkhorn will treat Elk Valley's wastewater until the City
of Omaha's system is extended; and,
WHEREAS, Elk Valley will pay Interceptor and Sewer use fees to Elkhorn; and,
WHEREAS, when the Omaha Sanitary Sewer System is extended to Elkhorn,
residents in Elk Valley will pay their sewer use fee to Omaha; and Elkhorn will pay the then
current Interceptor Sewer Fees for Elk Valley; and,
WHEREAS, an Interlocal Agreement has been prepared setting forth all the
provisions mentioned above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the Interlocal Agreement between the City of Omaha and the City of
Elkhorn, which addresses the interim wastewater treatment of Elk Valley, as recommended by
the Mayor, is hereby approved.
P:\PW1\1990sap.doc APPROVED AS TO FORM:
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CITY ATTORNEY DATE
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