RES 1998-2191 - Wastewater service agmt with Sarpy County for area surrounding Chalco Hills ic.„5-'-' Z2:9 Me/0j ee,pr4C*
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`-� ,�4.,,,,,, RECEIVED Public Works Department
u�r�"�,r Omaha/Douglas Civic Center
�1�1r��J t� �sJULbr 1819 Famam Street,Suite 601
®� f � �• Augst 4 1998 /� ��• J5
o - _ a<:_••. 9 ► Omaha,Nebraska 68183 0601
Ao U�Qyro I - ,, (402)444-5220
Fo FEBR •
a a ' �'' -,• Telefax(402)444-5248
�'- '1,-1, c,r , .rJ S';,� Don W.Elliott,P.E.
City of Omaha
Hal Daub,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving a Wastewater Service Agreement between Sarpy
County,Nebraska and the City of Omaha. This is the master agreement for the drainage basin which
is an irregular area from approximately 108th Street to 220th Street and from approximately
Capehart Road to "Q" Street. A map showing the area to be served is included in the Agreement.
This area will be served through an outfall sewer that was recently constructed by Sarpy County and
is designated as S.0.5463, Phase 1. The sewer connects to the Omaha Interceptor Sewer at
approximately 110th Street, north of Giles Road. From there, the sewage is conveyed to the
Papillion Creek Wastewater Treatment Plant for treatment.
By this agreement, Omaha agrees to accept and treat the wastewater generated in this area. Details
on how the wastewater will be monitored,measured, and billed are provided. Sarpy County agrees
to refuse to allow connections outside of the area detailed in this agreement unless an amendment
is approved by the City Council. Sarpy County also agrees to pay $50,000 in administrative costs
for the first 12 months of the agreement in order to set up a billing and tracking system for the area,
with future administrative costs to be included in the monthly billing.
The Public Works Department requests your consideration and approval of the attached Resolution
and Wastewater Service Agreement.
Respectfully submitted, This action has been reviewed and found to be
in conformance with the Master Plan.
-14d 8 .7) ,----- • 7- z e2 -IP
Don W. Elliott, P.E. D to Robert C. Peters SJ Date
Public Works Director Acting Planning Director
Approved as to Funding: Referred to City Council for Consideration:
ours A. D'Erco e lin to Mayor's Office/Title Date
Finance Director
P:\PW 1\4003.PJM
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AGREEMENT FOR WASTEWATER SERVICE BETWEEN
CITY OF OMAHA, NEBRASKA AND
SARPY COUNTY, NEBRASKA
THIS AGREEMENT, made this "7 day of 6/...c4 ce-671-- , 1998 by and between
SARPY COUNTY, NEBRASKA (hereinafter called SARPY) 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, SARPY has constructed a wastewater interceptor to convey wastewater from
certain areas of SARPY to the OMAHA wastewater treatment system; and,
WHEREAS, SARPY desires to have OMAHA convey and treat SARPY's sewage from the
connection point; and,
WHEREAS, it is to the mutual advantage of the parties hereto and in the general public
interest for the sewage of SARPY 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, SARPY
• 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.
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2. OMAHA shall provide sewage treatment services as called for in said
1 GENERAL PROVISIONS for the area shown in Exhibit A-1998, prepared by
SARPY and submitted to OMAHA. This agreement covers only that area
specified. Development and connection to the sewer system for any
additional area outside of this area must be provided for by 'amending this
service agreement or by a new wastewater service agreement. New
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development and connection to the sewer system for any area platted within
the area must be provided for by a new wastewater service agreement
between the authorized agent of such development and OMAHA following
the procedure found in Exhibit C-1998
3. Exhibit B-1998 shows the boundaries of the Papillion Creek Watershed i n
SARPY. Wastewater service shall not be provided by OMAHA outside this
watershed. The shaded area, if any, is not covered by this agreement and
wastewater service to development is not guaranteed expressly or by
inference. However, it shall not be unreasonably or inequitably withheld
4. Except as may otherwise be required by law, SARPY may not sell, lease or
otherwise relinquish control of any portion of such line without express
written permission of OMAHA. OMAHA may terminate this contract, with six
(6) months written notice if an other governmental entity annexes a portion
• of this line. Furthermore, OMAHA reserves right of first refusal for purchase
of this line.
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5. SARPY shall be responsible for obtaining and/or granting all necessary local
and state governmental permits for the sewer construction and connection.
OMAHA'S permission provided for herein is only that of the owner of the
utility.
6. A manhole shall be constructed by SARPY at connection point as indicated
on Exhibit A-1998; 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.
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) SARPY 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 and need demands, SARPY shall install a new
manhole, comparable to the one described above, to perform periodic
monitoring of flow rates and strengths from this watershed.
d) Should SARPY 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
SARPY for all associated costs, which may be recovered by withholding any
and all rebates as described in 7. c) below.
7. Charges for this specified wastewater service for SARPY shall be billed to
individual customers monthly by OMAHA, through an agreement with MUD,
at prevailing retail sewer user charges billed, including appropriate strength
charges; and;
a) SARPY shall provide, through an agreement with MUD, OMAHA a
computerized listing of customers in the watershed and pay for the startup
and any additional costs for maintaining the special status of these accounts
on Metropolitan Utilities District's (MUD's) billing system.
b) SARPY shall provide, through an agreement with MUD, OMAHA monthly
listings of new customers in the watershed, OMAHA shall provide MUD with
notice to track said customers as special accounts. SARPY shall update
these listings by providing all information related to new developments,
housing permits and other such information as may be deemed appropriate
by OMAHA on a monthly frequency.
c) OMAHA shall refund (or bill) monthly to SARPY the difference, positive
(or negative), between the total of all monthly standard OMAHA residential
rates billed the SARPY customers in the effected watershed and the sum of
the following:
1) the number of Bulk II customer charges monthly equal to the total
of all customers of all classes in the effected area,
2) one monthly Bulk I customer charge and
3) additional administrative costs (including MUD billing costs)
incurred by OMAHA
4) all non-residential customers shall, for the purposes of rebate
determination, be counted as residential customers.
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d) The additional administrative costs in 7. c) 3) above are agreed to be
$50,000.00 the first twelve (12) months and shall be credited to OMAHA in
four equal portions of $12,500.00. The first portion will be billed to SARPY
three months after the date of signing this agreement and the subsequent
portions shall be billed to SARPY after six months, after nine months, and
the last portion billed one year after signing.
e) After the first twelve months, the administrative charges as in 7. c) 3) shall
be deducted from the SARPY rebate at a rate of $3.00 per account per
month, from which OMAHA shall pay monthly billing charges due to MUD,
as in 7c) 3) above. These costs shall be reviewed annually and may be
adjusted by agreement of the Sarpy County Administrator and the Omaha
Public Works Director.
f) Any delinquent receivables due OMAHA from the customers effected by
this agreement which are withheld by MUD from payment to OMAHA shall
be deducted from any rebate due SARPY in a manner similar to the
agreement between OMAHA and MUD.
g) SARPY's agreements with current and future S&IDs and other
developments shall include acknowledgment that OMAHA is the authorized
• party to bill for providing wastewater service and that OMAHA has the
authority to enforce prohibitions and limitations as specified in OMC
Chapter 31 by means of discharge permits.
8. SARPY shall encourage existing developments using non-MUD water
sources to switch to MUD water. Within the MUD service area and in the
area effected by this agreement, SARPY shall prohibit new developments
that propose to use water sources other than MUD without specific approval
of OMAHA. Such approval shall be guided by Exhibit "D" "CRITERIA FOR
USING NON-MUD WATER" and shall not be unreasonably withheld by
OMAHA.
9. 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. 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 ro riate thereto. Nothing in this paragraph will be construed as a
limitation on the regulations concerning sewage service and the appropriate
rates pertaining thereto.
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10. 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.
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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 SARPY this day of ,ALSL , 1998.
a�"9^3" 1T: SARPY COUNTY, NEBRASKA
• • 41411/ •
to_f•aeu.rMILIAW, Chairman of the S y County Board
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provof2 as to form: .
Covi`�'' LC3S"�,n'
EXECUTED BY•OMAFfA.this 7'� of • � -, '1998. .
ATTEST: CITY OF OMAHA:
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ler ayor
RECOMMENDED: APPROVED AS TO FORM:
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Public Works Director As is#‘ ity Attorney
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Exhibit C-1998
Procedure for Sarpy County SID to Obtain Wastewater
Service Agreement with City of Omaha
NO sewer connections (direct or indirect) may be made to the
Omaha wastewater collection system without a fully executed
wastewater service agreement !
Before an SID can apply for a wastewater service agreement with the City of Omaha
it must:
❑ receive final platting authority from the appropriate Sarpy County officials
including the "Urbanized Planning Commission" as required.
❑ have an engineer's estimate of the maximum sanitary flow which will be
generated by the SID at full development
❑ obtain a flow allocation equivalent to the flow to be generated by the
development(s) within the SID if the SID is in the geographic area served by
PSO 3642 or the Sarpy County relief sewer
❑ Provide details about who will supply and bill water service to the SID
1. Determine if SID is inside or outside of drainage area covered by Interlocal
Agreement between Sarpy County and the City of Omaha (PSO 3642/Sarpy
County relief sewer drainage basin).
If SID is inside the area covered by the interlocal agreement, obtain flow
allocation from authorized agency for whole SD or part of SID to be
developed and covered by the wastewater service agreement.
2. Determine ownership of each sewer line used as a connection point for the SD
AND ownership of each downstream sewer line used to convey SID's sewage t o
the Omaha treatment system which is NOT owned by the SID. If Omaha does not
own the sewer line(s), execute an agreement granting permission to connect t o
and use sewer outfall of owner(s). Submit copy of this fully executed
agreement(s) with other required information.
3. Provide copy of engineer's certification that each sewer line used by the SID t o
reach the Omaha treatment system has uncommitted capacity to handle the
maximum projected sanitary or process flow from the SID
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4. Provide details on SID lots, sewers and connection points to enable Sandy Knott t o
customize the generic service agreement. Example: Connection Point 1, 300 single
family homes and 150 multifamily units. Connection Point 2, 1.2 acres commercial
development etc.
5. Prepare and provide Sandy Knott with an Exhibit "A"; an 8.5 X 11 inch and/or 11 X
17 inch sheet showing:
❑ the boundaries of the subdivision & SID
❑ all platted lots
❑ the portion of the subdivision area or SID to be developed and
covered by this service agreement
❑ all streets and sewer lines within the SID or immediately adjacent t o
the SID
❑ each connection point to the City of Omaha sewer system - indicate
project number of each Omaha-owned outfall line; an Interceptor
Connection agreement will be required if there is a direct connection
to one of Omaha's interceptor sewers
❑ each connection point to sewer system not owned by SID or City of
Omaha - indicate designated project number of the sewer line and its
owner
6. Prepare and provide Sandy Knott with a standard plans-size version of the SID
showing the details requested above.
7. Provide diskette containing computer aided design (CAD) system files that show
the details specified above.
8. Prepare and provide Sandy Knott with an Exhibit "B"; an 8.5 X 11 inch and/or 11 X
17 inch sheet showing:
❑ Exhibit "A" details but shade any/all areas of the subdivision or SID
that are not covered by the proposed wastewater service
agreement
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EXHIBIT"D"
CRITERIA FOR APPROVAL OF A NON-MUD WATER SOURCE
Residential Developments
Each residence shall have an individual water meter that is read or estimated monthly. The water
system must provide a billing system equivalent to the one that MUD uses to calculate winter
average consumption and provides for the billing of the lessor of such average and the actual
consumption for each non-winter month. For this purpose, the winter months are defined as the
water consumption billed in the months of December, January, February and March of each year.
The minimum billing amount shall be consistent with the average of metropolitan subdivisions
unless there is better information available. This billing system shall be in place prior to
connection to the Omaha Wastewater Treatment System via direct or indirect connection. Failure
to provide such a billing system before connection shall result in the billing the development as a
commercial customer (see below).
Commercial Developments
Each commercial account shall have an individual water (or sewage) meter that is read or
estimated monthly. The water system must provide a billing system equivalent to the one that MUD
uses to provide billing of all water consumed by the individual water meter plus any additional
charges due the City of Omaha based on the strength of the wastewater discharged to the system.
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9. The engineer for the SID should complete and submit the following table which
determines sewer connection fees applicable for development within the drainage
area of PSO 3642/Sarpy County relief line:
Number Type of Development Connection Fee Connection
of Lots Fees
Residential Single Family $ 673 per lot $
Duplex $ 673 per unit $
Mobile Home $ 673 per unit $
All Other Residential (ex. $ 356 per living unit $
apartments)
Commercial, Industrial and $ 3,878 per acre $
Institutional
TOTAL $
Preliminary copies of Exhibit "A", Exhibit "B" or the proposed service agreement if
prepared by an outside agency may be sent via facsimile machine to 444-3904,
Attention: Sandy Knott.
When the text of all documents has been finalized, six (6) complete copies will need t o
be prepared and executed by the SID board and returned to Sandy Knott, Quality
Control Division, 5600 South 10th Street, Omaha, NE 68107.
If a Sarpy County flow allocation is required, it must be received by Omaha before the
SID-executed wastewater service agreement will be submitted for City of Omaha City
Council agenda. Allow a minimum of four (4) weeks for resolution to be
scheduled/appear on Omaha City Council agenda.
One of the completely executed wastewater service agreements will be returned t o
the SID upon completion. If more than one executed copy is required by the SID,
provide notice to Sandy Knott prior to preparation of the final draft. Provide the
name and address of the person who should receive the executed service
agreement(s).
Payment of sewer connection fees specified in the wastewater service agreement
must be made to Sarpy County Permits and Inspections Division. No building permits
will be issued for lots in the SID until all specified sewer connection fees have been
paid. The fees specified in the agreement are those which are collected via Sarpy
=r; County and remitted to the City of Omaha, the actual amount charged by Sarpy_'
County Planning may be different.
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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 System," unless the provisions are not applicable to all
classes.
Such service will be offered by the City of Omaha to Municipalities, Sanitary and Improvement Districts
and the Sewer Service Users within or adjacent to areas served by existing and proposed facilities of the
Wastewater Treatment Systems of 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 interceptor system.
SECTION III
CONTRIBUTING SYSTEM-OWNED FACILITIES
Contributing System-owned facilities shall be those facilities owned and operated by the Contributing
System including future additions and improvements thereto, and those facilities constructed by the
Contributing System in order to effect the interconnection with the Wastewater System of the City of
Omaha.
The Contributing System shall retain the responsibility for construction, operation, maintenance and
ownership of facilities comprising the contributing system and future additions thereto and shall retain all
contractual and managerial obligations associated with such Contributing System-owned facilities.
SECTION IV
CONNECTION APPROVAL
The Contributing System shall not make its connection to the system of the City until it is authorized in
writing by the City Public Works Director or his designee.
SECTION V
POINT OF CONNECTION
Subject to the conditions and provisions hereinafter specified, the Contributing System may connect its
Wastewater System to the Wastewater System of the City of Omaha only in such manner of such
materials and at such place as shown on Exhibit "A" hereof, which must receive the approval of the City
of Omaha prior to such connection, attached hereto and made a part hereof. Should a change of the
point or points of connection be required by the City of Omaha because of a change in the quality or
quantity of flow from the Contributing System, or should the Contributing System request additional
points of connection at some future date, such change(s) or additional connection(s) shall be made at the
expenditure of the Contributing System and as directed by the Public Works Department of the City of
Omaha. Any changes in such points necessitated by any changes in flow from 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.
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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.
Gov
3
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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.
4
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.
5
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.
6
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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.
7 et
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.
•
•
C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr A1 44 19
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,the City of Omaha has constructed a regional wastewater treatment plant
known as the Papillion Creek Plant; and,
WHEREAS, Sarpy County,Nebraska desires to have Omaha convey and treat Sarpy
County's sewage from the connection point between Sarpy County's sewer and the treatment plant;
and,
WHEREAS,the attached agreement,which by this reference becomes a part hereof,
details the boundaries of the service'area which surround the Chalco Hills Recreation Area and
conditions by which Omaha agrees to accept and treat Sarpy County's sewage.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the Wastewater Service Agreement between the City and Sarpy County
concerning sewage generated in the area surrounding the Chalco Hills Recreation Area is hereby
approved.
APPROVED AS TO FORM:
SS STMYC1TY ATTORNEY DATE
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By. ./:1--(141l54fit1144---
Councilmember
Adopted....A.UG..
i Cle
Approved
Mayor
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