RES 2013-1209 - Interlocal City of Papillion Service Area - Western Springs Outfall - Sarpy County Baseball Stadium Outfall OMmiA'iv,,,, ? EtTFIVF I
�` � Public Works Department .
z Mgr � September 10, 2013 13 r 2 j� " '
Omaha/Douglas Civic Center
INVi � w 1819 Farnam Street,Suite 601
o' <` Omaha,Nebraska 68183-0601
�oR 4�ro (402)444-5220
�TED FEBR�� fir Fax Fax(402)444-5248
City of Omaha q Robert G. Stubbe,P.E.
Jean Stothert,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving a new third-party Wastewater Service
Agreement between Sarpy County S&ID 294, known as Remington Ridge, the City of Gretna
and the City of Omaha. The Agreement sets forth the responsibilities of each party in regard to
the duties and responsibilities for connection, conveyance and treatment of wastewater from this
S&ID.
Remington Ridge will be on the Metropolitan Utilities District (MUD) water supply. The
customers within this S&ID will pay Gretna retail sewer rates to Gretna via Gretna's billing
contract with MUD. Omaha, in turn, will invoice Gretna the Omaha wholesale sewer service
fees for Remington Ridge's service based upon monthly sewer usage reports supplied by Gretna.
The Omaha Public Works Department has determined that there is adequate capacity in the
Papillion Creek Wastewater Treatment Plant to handle the wastewater expected from this service
agreement.
The Public Works Department requests your consideration and approval of the attached
Resolution and Wastewater Service Agreement.
Respectfully submitted, Referred to City Council for Consideration:
(3,'-2 ,-
RobScr-6_"-r - f /5---/3 •••''' n k. - "Qt-aj )k-- C" I 2 -Z ' ' ''
rt G. Stubbe, P.E. Date Mayor's Office Date
Public Works Director
Approved:
Ce-Q.-(2— 4.1-14---A (f--.)-i-!)
�� Allen Herink Date
Acting Finance Director
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c ZSA CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Remington Ridge (Sarpy County S&ID 294) has contracted with the
City of Gretna to provide for connection to outfall sewers serving Remington Ridge Phase I, Lots 1-
72, Outlot A, and Outlot B to convey wastewater to the Omaha treatment system; and,
WHEREAS, Remington Ridge will not allow anyone outside the area defined in the
agreement to connect onto their sewer lines without permission of the City of Gretna; and,
WHEREAS, Omaha agrees to accept and treat the wastewater generated by this
service area; and,
WHEREAS, Remington Ridge, the City of Gretna and the City of Omaha wish to
enter into the attached Wastewater Service Agreement,which by this reference becomes part hereof,
to define the duties and responsibilities of each party.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, as recommended by the Mayor, the Wastewater Service Agreement between
Remington Ridge (Sarpy County S&ID 294), the City of Gretna and the City of Omaha, is hereby
approved.
1761 htp
APPROVED AS TO FORM:
*X.ITY ATTORNEY
By 1LC(i0/
Councilmember
Adopted zco
SEP 1 0..20.13 7-
City Clerk 9/4243
Approv ,,... .
ayor
AGREEMENT
FOR INTERCEPTOR CONNECTION AND WASTEWATER SERVICE
BETWEEN
THE CITY OF GRETNA, NEBRASKA AND
SANITARY AND IMPROVEMENT DISTRICT NO. 294
SARPY COUNTY,NEBRASKA AND
THE CITY OF OMAHA,NEBRASKA
THIS AGREEMENT,made this �Q day of ,2013 by and between
SANITARY AND IMPROVEMENT DISTRICT NO. 294 OF ARPY COUNTY, NEBRASKA
(hereinafter called S&ID 294), the CITY OF GRETNA, a Municipal Corporation of the State of
Nebraska(hereinafter called GRETNA)and the CITY OF OMAHA,a Municipal Corporation of the
State of Nebraska(hereinafter called OMAHA).
WITNESSETH THAT:
WHEREAS, GRETNA owns and operates a Municipal Interceptor Sewer Conveyance
system in the Papillion Creek Watershed and OMAHA owns and operates a wastewater treatment
system in the metropolitan area; and,
WHEREAS, S&ID 294 desires to have GRETNA convey S&ID 294's sewage from each of
the various connection points; and,
WHEREAS, it is to the mutual advantage of the parties hereto and in the general public
interest for the sewage of S&ID 294 to be treated by the OMAHA wastewater treatment system;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 GRETNA and OMAHA,
S&ID 294 shall comply with the terms as set forth in the City of GRETNA
WASTEWATER SERVICE AGREEMENT, GENERAL PROVISIONS
ORDINANCE #1010, adopted 20th day of December, 2011, a copy of which is
attached hereto,have an approved development agreement(if applicable),and make
payment of all applicable fees accordingly.
2. OMAHA shall provide sewage treatment services as called for in said GENERAL
PROVISIONS for the area shown in Exhibit A-2013,Remington Ridge, S&ID 294.
This agreement covers only lots specified below. Development and connection to the
interceptor sewer conveyance system for any additional area outside of these lots
must be provided for by amending this service agreement or by a new wastewater
service agreement.
Connection Point Lots Served
1 S&ID 294
East thru S&ID 291 Residential
Remington Ridge Phase I
Lots 1-72 72 Lots
Total Residential 72 Lots
Outlots
Remington Ridge Phase I
Outlot A 2.203 AC
Outlot B 1.984 AC
Total Outlots 4.187 AC
3. In order to reach the GRETNA Interceptor Sewer Conveyance System, a portion of
an outfall line construction by S&ID 291 must also be used by S&ID 294.
Attachment 1 is a copy of the agreement between S&ID 291 and S&ID 294 and
granting S&ID 294 permission to use the outfall line constructed by S&ID 291.
4. S&ID 294 shall be responsible for obtaining all necessary local and state
governmental permits for the sewer construction and connection. GRETNA'S
permission provided for herein is only that of the owner of the conveyance system.
5. Manhole(s) shall be constructed at connection point(s) as indicated on Exhibit A-
2013, Remington Ridge, S&ID 294; such that the first six(6)feet of riser above the
floor of the manhole is a minimum of fifty-four inches in diameter. The location of
each such manhole shall be approved by the City Engineer of GRETNA.
6. S&ID 294 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 purposes whatsoever without the express permission of
GRETNA, which permission will not be unreasonably withheld.
7. Charges for sewer service for all customers within S&ID 294 shall be based upon
MUD water consumption. Retail flow and customer charges as now and hereafter
established in the GRETNA Master Fee Schedule as amended, currently Ordinance
#1020, shall apply.
8. 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. GRETNA acknowledges its
sewage conveyance system is a public utility available without discrimination to
members of specified classes and treatment is available as a benefit of the agreement
2
between OMAHA, GRETNA, and SARPY COUNTY, dated February 14, 2002.
Termination of sewage conveyance and 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 conveyance and
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 conveyance and 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.
9. In the event of an interruption of service by GRETNA or OMAHA, it is understood
and agreed that GRETNA,OMAHA,and their officers,employees and agents,in the
absence of gross negligence, shall be indemnified and held harmless and absolutely
free of any liability to S&ID 294, or to any owners or lessees of the property or
premises within the S&ID 294.
10. S&ID 294 shall pay the Sewer Capital Facility(Special Connection)Fees established
in the GRETNA Master Fee Schedule as amended,currently Ordinance#1020,in the
amount of One Hundred Twenty-three Thousand Ten and 00/100 Dollars
($123,010.00). Said payment shall be made in cash or warrants immediately
convertible to cash, and shall be paid to the Sarpy County Planning and Building
Department in conjunction with the filing of the final plat. The Sarpy County
Planning and Building Department shall remit such payment to GRETNA, subject
to Sarpy County's five percent (5%) administration fee. This Fee and payment are
computed as follows for the lots designated in Section 2 hereof and as shown on
Exhibit A-2013, Remington Ridge, S&ID 294:
Lots 1 to 72 are single family residential at$1,680 each = $120,960.00
Park Land (Outlots A and B of 4.187 acres) at$410 per acre = $1,716.67
TOTAL $122,676.67
11. This Agreement may be executed in two or more counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same
instrument. Counterpart copies of this Agreement shall be exchanged between the
Parties.
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.
3
EXECUTED BY S&ID 294 this o ` ' day of , 2013.
ATTEST: SANITARY AND IMPROVEMENT
DISTRICT NO. 294 of
SARPY COUNTY,NEBRASKA
C e Chairma
EXECUTED BY GRETNA this ) 1A--day of , 2013.
ATTEST: CITY OF GRETNA:
6(1 ,A) isJ100/V
City Clerk Mayor
APPROVED AS TO FORM:
City to
4
EXECUTED BY OMAHA this J,2 day of Seftehder- , 2013.
ATTEST: CITY OF OMAHA:
/‘,04,X, --" -
City Clerk Mayor
RECOMMENDED: APPROVED AS TO FORM:
C70—e---rk -e-- iLtec-,e5 ,, eY'r-)e) -1(>
Public Works Director Assistant City Attorney
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EXHIBIT A-2013, REMINGTON RIDGE, S&ID 294
_ 4
741111111.
1'ULLENKAly JOHN H. FULLENKAMP
F DDOYLE Sz.
ROBERT C. DOYLE
LARRY A. JOBEUN
J BRJAN C. DOYLE
MARK RK B.JOHNSON
February 25,2013
Larry Jobeun
Fullenkamp Doyle&Jobeun
11440 West Center Road
Omaha, NE 68144
RE:Sanitary and Improvement District No.291 of Sarpy County
Dear Larry,
The undersigned represents Sanitary and Improvement District No. 291 of Sarpy
County ("SID #291"), more commonly known as the Whitetail Creek subdivision located
generally north and west of 192nd Street and Giles Road. It is my understanding that you
have a proposed subdivision to be located directly west of SID #291 across 192nd Street
that will be incorporated as a sanitary and improvement district at a future date.
•
It is my understanding that as part of the development, in order to gravity flow the
sanitary'sewer,you will need to connect to the sewer system of SID-#291. :Pursuant to>.our
City of Gretna Waste Water Service Agreement General Provisions Section VI,you will need
the permission of the City of Gretna in order to connect to the sewer system of SID #291.A
copy of the Waste Water Service Agreement is enclosed. Additionally, a copy of the
Subdivision Agreement between SID #291 and Sarpy County is enclosed. Assuming you
comply with the relevant provisions of the Subdivision Agreement, your District will be
permitted to discharge its sanitary effluent through the SID #291 sanitary sewer system at
no charge to your district, except to the extent that SID #291 has constructed a system in
excess of eight inches in diameter in order to accommodate such flow, in which case SID
#291 may charge your District for its pro-rata share of the cost of such construction in
excess of eight-inches in diameter in accordance with Sections IV(C)(1),IV(C)(2) and VII(B)
of the attached Subdivision Agreement,
Finally, enclosed is a copy of the sanitary sewer impact points calculations
performed by the engineers for SID #291, Lamp Rynearson &Associates, Inc. If the basin
area to be gravity flowed into the sanitary sewer system of SID #291 is to be expanded
beyond the area shown in the impact points drawing attached hereto, your District will
need to provide additional calculations and documentation to SID #291 showing that there
is adequate capacity to serve the increased basin area. Any such increase in the basin area
11440 WEST CENTER ROAD • OMAHA, NEBRASKA 68144 • PHONE:402-334-0700 • FAX:402-334-0815
Page 2
shall be subject to the review and approval of the engineers for SID #291. Any such
calculations and documentation should be provided to John Coolidge, P.E. at Lamp
Rynearson.
If you need anything further,please don't hesitate to let me know.
Very truly yours,
OiHUMHt•MlibW'
Brian C.Doyle
Enc.
cc. Loren Johnson,Chairman SID#291
John Coolidge,P.E.
•
• i
11440.WEST CENTER ROAD • OMAHA, NEBRASKA 68144 • PHONE:402-334-0700 • FAX:402-334-0815
CITY OF GRETNA
WASTEWATER SERVICE AGREEMENT
GENERAL PROVISIONS
DECEMBER 20,2011
SECTION I
CLASSES OF USERS
Wastewater collection and treatment services described herein shall be offered by the City of Gretna,
hereinafter, referred to as "Gretna" to the following classes of users. These classes are 1) Sanitary and
Improvement Districts and.2) Service Users, which shall consist of all users approved by Gretna, 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 Gretna to Sanitary and Improvement Districts and the Sewer Service Users
within or adjacent to areas served by existing and proposed facilities of the Gretna Interceptor Sewer
Conveyance System and shall include receiving, transporting,treating and disposing of wastewater or sewage
from the wastewater of Sanitary Sewage Systems of Sanitary and Improvement Districts and Service Users in
accordance with the terms and conditions of these General Provisions, any Special Provisions in this
Agreement and subject to treatment at Omaha's Wastewater Treatment Facility pursuant to an agreement
between Gretna and the City of Omaha..
SECTION II
CONTRIBUTING:SYSTEM
The Contributing System shall be considered to be that portion of the wastewater and pre-treatment facilities
within the Sanitary and Improvement District or Service Users which flow to the point(s) of connection to
Gretna's interceptor sewer conveyance 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 Gretna Interceptor Sewer Conveyance System of Gretna.
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 conveyance system of Gretna until it is authorized
in writing by the City Engineer 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 Gretna Interceptor Sewer Conveyance System of Gretna only in such manner of
such materials and at such place as shown on Exhibit"A" hereof, which must receive the approval of Gretna
prior to such connection, attached hereto and made a part hereof. Should a change of the point or points of
connection be required by Gretna 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 City Engineer of Gretna. Any changes in such points necessitated by any changes in flow from
Gretna shall be at the cost of Gretna.
SECTION VI
ADDITIONAL CONNECTIONS
Service Users shall not allow any other party to connect to such user's system without the written approval of
Gretna. 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 Gretna.
Certification shall be given to the Gretna 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.
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 Sewer System. From that time forward, neither
Omaha nor any other Municipality will approve any additional final plats within their respective zoning
jurisdictions and Gretna 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.
SECTION VII
GRETNA'S RIGHT TO CONNECT
it is agreed that Gretna shall have the right to connect any City sewers to sewers of those within its zoning
jurisdiction to any Contributing System without cost to such Contributing System to provide an outlet for such
Gretna 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
Gretna 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 conveyance system of Gretna shall disconnect the same at its expense or falling that, Gretna
may disconnect the same at the expense of the Contributing System. Gretna acknowledges its sewage
conveyance system to the Papillion Creek Treatment Plant 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 Gretna to set
reasonable rules and regulations concerning sewage service and the appropriate rates pertaining thereto.
SECTION IX
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 Gretna Interceptor Sewer Conveyance
System, the storm water run-off from surface drains, ditches, streams, storm sewers, roof, areaway or
foundation drains.
SECTION X
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 Gretna Interceptor Sewer Conveyance 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.
SECTION XI
DESIGN-REVIEW
Gretna.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 Gretna Interceptor Sewer Conveyance
System prior to the work being so connected to the Gretna Interceptor Sewer Conveyance System.
SECTION XII
CHARGES
As full compensation for the receiving, transporting, andtreating of the sewage from,the Contributing.System,
the Contributing System agrees to pay Gretna as follows:those Sanitary and Improvement Districts and Service
Users that are not connected to MUD or Gretna waterworks system, shall pay a sum equivalent to the sewer
service charges provided by Ordinance 1006, of the Gretna Municipal Code, and any amendments thereto, for
the use of Gretna's Sewer 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 as
determined by Gretna. Such 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 Gretna's System and served by the Water Service of the
Metropolitan Utilities District shall pay the rates provided for in Ordinance 1006 of the Gretna Municipal Code
according to the provisions therein and the metered water usage
SECTION XIII
USE OF PUBLIC AREAS
It is agreed and understood that there shall be no payment by Gretna 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 Gretna, provided Gretna 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 XIV
FLOW RECORDERS AND SAMPLING DEVICES
When deemed necessary by the City Engineer or his designee to facilitate a fair and equitable charge being
billed by Gretna, the Contributing System agrees to install at its expense sampling manholes approved by
Gretna, as provided in Gretna Wastewater Ordinances at point(s) designated by Gretna. Gretna may request
monitoring services; however, all maintenance required on the containing structures and manholes shall be at
the expense of the Contributing System.
SECTION XV
REPORTING NEW INDUSTRIES
It shall be the responsibility of the SID Board of Trustees or Contributing System designee within the
jurisdictional limits of Contributing System to notify Gretna of any new user locating within such jurisdictional
limits as soon as such location is known to such person or department.
SECTION XVI
SAMPLING AND TESTING COSTS
Except as expressly provided in this contract, Gretna has no obligation to make payments to any party for such
sampling and testing costs.
SECTION XVII
INSPECTION AND TESTING
The Contributing System shall, with respect to property owned by it or under its control, allow Gretna Utilities
Superintendent 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 shall,when requested under reasonable circumstances, assist Gretna personnel in making
such investigation and inquiry of the property of users within the boundaries or jurisdiction of such Contributing
System.
SECTION XVIII
REPORTS
Service Users, party to this Agreement, shall make all reports required by City, County, or State rules or
regulations directly to Gretna.
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 Gretna.
SECTION XIX
LAWS AND REGULATIONS
The Contributing System agrees to conform with and enforces all Minimum Standards, Ordinances, rules,
regulations and requirements of Gretna 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 Gretna Interceptor Sewer Conveyance System from the Contributing System shall
be in conformity with current Nebraska Department of Environmental Quality regulations pertaining to sewers or
sewage within Gretna 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 Gretna Interceptor Sewer Conveyance System.
SECTION XX
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 XXI
APPORTIONMENT OF FINES
Any fines or penalties imposed upon Gretna 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
according to their contribution to the cause of such fine or penalty.
SECTION XXII
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 Gretna.This Agreement is
not-assignable from or to Service Users.
SECTION XXIII
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 XXIV
INTERRUPTION.OF SERVICE
in the event of a stoppage of the Gretna Interceptor Sewer Conveyance System or in the event of an
interruption of service by Gretna or the City of Omaha, it is understood and agreed that Gretna, 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 XXV
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 conveyed by Gretna, the
Contributing System will notify Gretna 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 Gretna.
SECTION XXVI
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 XXVII
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,Gretna shall have the right to annul this Agreement without liability.
SECTION XXVIII
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 XXIX
TITLES
The titles used in these General Provisions are for convenience only and shall not be used in interpreting these
General Provisions.
SECTION XXX
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.
14'4/
NO. JX 9
Resolution by
Res. that, as recommended by the Mayor, the
Wastewater Service Agreement between
Remington Ridge (Sarpy County S&ID 294),
the City of Gretna and the City of Omaha is
hereby approved.
1761 Ahtp
Presented to City Council
SEP 1 0 2013
Adopted 7-®
&ter &cvit
City Clerk