ORD 39444 - Interlocal Carter Lake Storm Sewers and pump stations .t0,A Ali A,NF6
v- '`... loaf `' ' ! .,. Public Works Department
��1,J' ��► Omaha/Douglas Civic Center
-M rL it �; August 21, 2012 , r,!,:C y F'}j I: 4 1819 Farnam Street,Suite 601
ot�= '�r '=.u'ry Omaha,Nebraska 68183-0601
, (402)444-5220
A ED FEW9.' ° # % ' t ' ' of Fax(402)411 5248
City of Omaha Robert G.Stubbe,P.E.
Jim Suttle,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is an Ordinance approving an Interlocal Agreement between the City of
Omaha, Nebraska and the City of Carter Lake, Iowa regarding the operation and maintenance of
facilities utilized to maintain the water surface level of Carter Lake.
This Agreement sets out responsibilities of both Cities in regard to a cost share for the operation
and maintenance costs for the system of storm water sewers and pump stations that have a
primary purpose of controlling the water surface level of Carter Lake. The construction of this
project was jointly undertaken, and the operations and maintenance for the system would be split
equally between the two Cities. The sum of these costs is currently estimated at approximately
$5,000 plus the annually determined cost of barge channel cleaning. Omaha would be the lead
city under this Agreement and submit monthly invoices to Carter Lake for the 50%
reimbursement of actual costs.
The Public Works Department requests your consideration and approval of the attached
Resolution and Interlocal Agreement.
Respectfully submitted, Referred to City Council for Consideration:
--4_,,, 7-2-6 i Z..- ii .
S- • 7,c
.......
Ro ert G. Stubbe, P.E. Date Mayor's ffi Date
Public Works Director
Approved:
.DT Pam Spaccarotella Date
Finance Director
2048htp
ORDINANCE NO. 9 9
AN ORDINANCE approving an Interlocal Agreement between the City of Omaha, Nebraska
and the City of Carter Lake, Iowa, involving the payment of money from appropriations
of more than one year in accordance with Section 5.17 of the Home Rule Charter of
1956, as amended; to provide for the terms and conditions under which the City of
Omaha and the City of Carter Lake will participate in a cost-share for the annual
operation and maintenance costs of the jointly-constructed system of storm water sewers
and pump stations which control the water surface level of Carter Lake; to authorize the
Finance Department to receive a 50% cost share from the City of Carter Lake for these
costs according to the disbursement terms contained within the Agreement, currently
estimated to be approximately $2,500 per year plus half of the annually determined cost
for barge channel cleaning; and to provide an effective date hereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That the City Council of the City of Omaha hereby approves the Interlocal
Agreement between the City of Omaha, Nebraska and the City of Carter Lake, Iowa, which by
this reference is made a part hereof, that outlines the terms and conditions under which the City
of Omaha and the City of Carter Lake, will each pay for 50% of the annual operation and
maintenance of the jointly-constructed system of storm water sewers and pump stations
responsible for the control of the water surface level of Carter Lake.
Section 2. The Finance Department is authorized to receive payments from the City
of Carter Lake for this project involving appropriations of more than one year, which is
authorized in accord with Section 5.17 of the Home Rule Charter of 1956, as amended.
ORDINANCE NO. cgyw7
PAGE 2
Section 3. That the City of Omaha shall receive payments from the City of Carter
Lake according to the disbursement terms set out in the Agreement for the 50% cost share in an
amount to be evaluated annually, but currently estimated at approximately $2,500 per year plus
half the cost of barge channel cleaning.
Section 4. That this Ordinance, being administrative in character shall take effect and
be in full force upon the date of its passage.
INTRODUCED BY COUNCILMEMBER
•2771elACAteta APPROVED BY:
C-
PASSED SEP � � ��� /�-� %'�O' O�� CITY OF OMAHA A E
ATTEST: /
4LERKOREcITYOFOMAHf
AP
APPROVED AS TO FORM:
.7147 -4-4‘, 2-3(12.
4-7_CITY ATTORNEY DATE
2047htp
AGREEMENT
THIS AGREEMENT made and entered into by and between the
City of Omaha, Nebraska (hereinafter referred to as OMAHA) ,
and the City of Carter Lake, Iowa (hereinafter referred to as
the CITY OF CARTER LAKE) .
WITNESSETH THAT:
WHEREAS, OMAHA and the CITY OF CARTER LAKE jointly undertook
a project for controlling the water surface level of the lake
.J
known as and hereinafter referred to as CARTER LAKE by
constructing a system of stormwater sewers and pump stations;
and,
WHEREAS, the Interlocal Cooperation Act (Neb. Rev. Stat.
sec. 13-801 et. seq. ) authorizes OMAHA to undertake such an
Agreement and CH 28E.2 Code of Iowa 2007 so authorizes the CITY
OF CARTER LAKE, IOWA, subject to the approval of the Attorney
General of Iowa; and,
WHEREAS, the parties at this time wish to agree on the
division of the annual operation and maintenance costs; and,
NOW, THEREFORE, in consideration of the Covenants hereinafter
set forth, the parties hereto agree as follows:
1. Upon completion of the project and acceptance of the project by
OMAHA from the construction contractor, both OMAHA and CARTER LAKE
agree to each pay 500 of the cost of operating the Carter Lake'
North Pump Station and the Dock St Well and Well Pump Station..
The cost of barge channel cleaning, if required, shall be included
1
in the operation and maintenance costs to be divided equally among
the parties.
2 . Each party' s estimated share of the annual operation and
maintenance of the Carter Lake North Pump Station and the Dock St
Well and Well Pump Station is presently thought to be
approximately $2, 500. Each year a meeting between Omaha and
Carter Lake will be held to project the annual Barge Channel Pump
Station operation and maintenance and barge channel cleaning costs
for the upcoming year. The CITY OF CARTER LAKE will pay 50% of
the actual operation and maintenance costs incurred by Omaha
during the previous year. OMAHA will provide monthly billing of
the City of Carter Lake' s said share of the actual costs incurred
during the previous month.
4. This Agreement shall remain in effect until terminated. Either
party may terminate the Agreement by giving at least 90 days
advance written notice to the other party. Operation and
maintenance costs shall continue to be split among the parties
pursuant to this Agreement until the effective date of
termination. Termination shall not relieve any party of the
obligation to make payments thereto approved by it in accordance
with the terms hereof. Amendments hereto shall be made in
writing.
5. The parties shall not, in the performance of the terms of this
contract, discriminate or permit discrimination against any parties on
account of race, national origin, sex, age, sexual orientation,or
political or religious affiliations in violation of federal or state
laws or local ordinances.
2
6. Pursuant to Section 8 . 05 of the home Rule Charter of the City of Omaha,
no elected official or any officer or employee of the City shall have a
financial interest, direct or indirect, in any City contract. A
violation of that section, with the knowledge of the parties, in
addition to constituting employee malfeasance, shall be cause of the
City to unilaterally terminate or void this Agreement
This agreement, pursuant to Chapter 28E of the Code of Iowa, is
subject to approval by the Attorney General of the State of Iowa.
7. It is further understood that neither City will charge for general
administrative services.
8. This Agreement does not establish any separate legal or
administrative entity. This Agreement shall be jointly
administered by a representative employee from each party,
designated on a year-by-year basis . This Agreement does not
authorize the levying or collecting of any tax, and does not
authorize the acquiring or holding of any property jointly among
the parties .
9. Each party agrees to indemnify, defend, and hold harmless the
other party and its employees and agents ("Indemnified
Parties") from any and all losses, damages, claims or lawsuits
asserted against the Indemnified Parties, caused or arising out of
the negligence, omissions, or intentional acts of the indemnifying
party or any of its employees or agents, while the indemnifying
party or its said employee or agent was serving or acting pursuant
to the terms of this Agreement .
Executed this /2" day of , 2012, by the City of Omaha,
3
Nebraska.
ATTEST: CITY OF OMAHA, NEBRASKA
i
Zj/2/ By: de ././,-, %. 021/2--
CITY CLERK aim S le, MAYOR
Executed this �' day of i / ii7,v ✓' 2012, by the City of Carter
Lake, Iowa.
CITY OF CARTER LAKE, IOWA
By: le_l
/� ! I
Russ Kramer, MAYOR
DOREEN OWERY, City Clerk/Treasur r
APP V D AS TO f=D " .
DEPUTY CITY AT , .y
4
V
//742 ‘,/ -.1----
ORDINANCE NO. C.1.99415/
AN ORDINANCE approving an Interlocal
Agreement between the City of Omaha,
Nebraska and the City of Carter Lake, Iowa,
involving the payment of money from
appropriations of more than one year in
accordance with Section 5.17 of the Home Rule
Charter of 1956, as amended; to provide for the
terms and conditions under which the City of
Omaha and the City of Carter Lake will
participate in a cost-share for the annual
operation and maintenance costs of the jointly-
constructed system of storm water sewers and
pump stations which control the water surface
level of Carter Lake; to authorize the Finance
Department to receive a 50% cost share from
the City of Carter Lake for these costs according
to the disbursement terms contained within the
Agreement, currently estimated to be
approximately $2,500 per year plus half of the
annually determined cost for barge channel PRESENTED TO COUNCIL
cleaning; and to provide an effective date �
hereof. 2047Bhtp 1st Reading AUG 2 1 2822 ,4 „,"f7
PA7Az.
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PUBLICATIONS ( Hearin AUG 2 8 2012 ylve..,-,_4-_,
PUBLICATION OF HEARING
Final Reading SEP 1 1 20
Date.:07 kl lit \l-- -PUBLICATION OF ORDINANCE passed �p
CI\ I \ \ �(,� BUSTER BROWN
Date City Clerk
"NOTICETO PUBLIC"
hb THE DAILY RECORD
The following Ordinance has been set far
City Council Hearing on August 28, 2012,
at 2:00 p.m.: OF ❑MAHA
AN ORUINANCI approving an Interlocal
Agreement between the City of Omaha, LYNDA K. HENNINGSEN, Publisher
Nebraska and the City of Carter Lake, Iowa,
involo the more
payment f moey from PROOF OF PUBLICATION
appropriations of than one year in �
accordance with Section 5.17 of the Home
Rule Charter of 1956,as amended;to provide
for the terms and conditions under which the UNITED STATES OF AMERICA,
City of Omaha and the City of Carter Lake will The State of Nebraska,
participate in a cost share for the annual SS.
operation and maintenance costs of the District of Nebraska,
jointly-Constructed system of storm water
sewers and pump stations which control the County of Douglas,
water surface level of Carter Lake; to City of Omaha,
authorize the Finance Department to receive
a 50% cost share from the City of Carter
Lake For these costs awarding to the J. BOYD
disbursement terms contained within the --
Agreement, currently estimated to be being duly sword,deposes And says that she is
approximately $2,500 per year plus half of
the annually determined cost for barge
channel cleaning;and to provide an effective LEGAL EDITOR
date hereof.
BUSTER BROWN, of THE i7ALIN RECORD, of Omaha, a legal newspaper, printed and
City Clerk published daily in the English language,, havin a bona fide paid
8-24-12
circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
August 24, 2012
That s ' :perer during that time was • • r published and
in g• i •\t t ' the County of Douglas • "ate of Nebraska.
s l Subscribed in my pre•"Tee and sworn to b• re
y NOTARY 2 .,G 24th
futilihe Div"-3S1U311. ' me this. -.. yof
i xr•IfMS I % g
rlit.i�nnl Copies ^ti August 12
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M1;{`g's� Notary Public' .or g
S to Ne as +:.
"NOTICE TO PUBLIC' THE DAILY RECORD
ORDINANCEp rovO.394n OF �A ■
AN ORDINANCEntetweape Ci do inthal 111j�
Agreement between the City of Omaha,
HA
Nebraska and the City of Carter Lake, Iowa,
involving the payment of money from LYNDA K. HENNINGSEN, Publisher
appropriations f more than one year in PROOF OF PUBLICATION
accordance with Section 5.17 of the Nome
Rule Charter of 1956,as amended;to provide
for the terms and conditions under which the.
City of Omaha and the City of Carter Lake will UNITED STATES OF AMERICA,
participate in a cost-share for the annual
operation and maintenance costs of the The State of Nebraska, SR.jointly-constructed system of storm water District of Nebt'aska,
sewers and pump stations which control the
water surface level of Carter lake; to County of Douglas,
authorize the Finance Department to receivea 50% rter City of Omaha,
Lake for�these t recosts according from the City o tof �the
disbursement terms contained within the J.BOYD - - —
Agreement, currently estimated to be - -
approximately $2,500 per year plus half of beirng duly sworn,deposes and says that she is
the annually determined cost for barge
channel cleaning;and to provide an effective LEGAL EDITOR
hereof. -
SUMMARY: and
AN ORDINANCE approving an Interlocal of THE DAILY RECORD, of Omaha, a legal newspaper, printed
Agreement between the City of Omaha, published B having a bona fide paid
Nebraska and the City of Carter Lake,Iowa, dailyin the English language, tinted id
involving the payment of money from
appropriation of more than one year In circulation in Douglas County in excess of 300 copies, P
accordance with Section 5.17 of the Home Omaha,in said County of Douglas,for more than fifty-two weeks
Rule Charter of 1956,as amended;to provide past; that the printed notice hereto attached was published in THE
for the terms and conditions under which the
City of Omaha and the City of Carter Lake will DAILY RECORD,of Omaha,on
participate
ra ne in a cost-share c for the annual September 19 , 2 012
operation end maintenance costs
of atteer
jointly-constructed sysste
sewers and pump stations which control the
water surface level of Carter Lake; to
authorize the Finance Department to receive
a 509h cost share from the City of Carter
Lake for these casts according to the disbursement terms contained within the That said Newspaper during that time was regu Ay published and
Agreement, currently estimated to be
approximately $2,500 per year plus half of in g i ,> 1'in the Cvlunty of Douglas,an ate of Nebrat
ska.
the annually determined cost for barge Y.
channel cleaning;and to provide an effective ...:..I., " k,
date hereof. •1 , 1_r.;:r-n;i/ ••,4', "FA
�> Subscribed in my p �c re and sworn to l re
PASSED:September 11,21112,7-0 {r
APPROJIM VE 9/12/12 Ol-ti •I� siigr�I�+ .',Y $4D ',Q mr this 1 9 th y of
MAYOR Of THE J Pt1 P:i ,6 i c_ . �[ —
�II�� c S
CITY Of OMAHA BUSTER BROWN, �;ddiY;,ior nr? l: +ig $ • -
1-2
City Clerk ;••?. ,pa]ZU'1ir. • 1 f a — t
9-19 12 ! f • . r . Notary Public i o r Y
• t1'r OF µ��'Y St Nebraska
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