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HomeMy WebLinkAbout24-94 RESOLUTION• • • • RESOLUTION NO. 24-94 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE, THE FARMINGTON SEWER LINE AND LI1•F STATION MAINT1iNANCF. CONTRACT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Farmington sewer line and lift station maintenance c.ontract is approved contingent upon the Farmington City Council approving said contract. The Mayor and City Clerk are authorized to execute the Farmington sewer line and lift station maintenance contract upon approval and signing by Farmington. A copy of the contract is attached hereto marked Exhibit "A" and made a pari hereof. PASSED AND APPROVED this 1st day of February , 1994. ATTLS1: By - Sherry L. Thomas, City Clerk APPROVED: By: Fred Hanna, Mayor 1 • • FAYETTEVILLE-FARMINGTCN SEWER CONTRACT 2.10E 4/This Contract, made and entered into this .1 day of Cfasfi, 1994, by and between the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called Fayetteville, and the City cf Farmington, Arkansas, a municipal corporation, hereinafter called Farmington. WITNESSETH: WHEREAS, Fayetteville owns and operates a public sewerage system consisting of lateral, main and interceptor sewers, sewage lift stations, and treatment facilities, and WHEREAS, Fayetteville now has a sewage lift station near the west city limits of Fayetteville from which sewage may be transmitted to Fayetteville's treatment facilities for treatment, and WHEREAS, Fayetteville's sewerage system has a capacity in excess than required by Fayetteville, and WHEREAS, Farmington has a public sewerage system, including sewer lines and a sewage pump station, and other appurtenances thereto (hereinafter referred to as the Farmington System), and WHEREAS, to maintain certain health standards and to alleviate public health hazards to the citizens of Fayetteville and Farmington, the parties hereto desire to provide for maintenance of the Farmington System and treatment of sewage generated in Farmington; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS HEREINAFTER SET FORTH, THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS 1. FAYETTEVILLE'S OBLIGATIONS: Fayetteville agrees that it will, for a period of 15 years, from and after the date of the execution of this contract, operate' and maintain (as defined hereinafter) the Farmington System and shall treat all waste water collected within Farmington's City Limits. Provided, however, that Fayetteville will provide individual sewer service only to customers who have individual water services from Fayetteville. However, if Farmington should annex areas served by another water entity, Fayetteville may serve those customers provided a rational basis can be found for charging those customers. 2. FARMINGTON'S OBLIGATIONS: Farmington agrees that they will 1 • purchase sewer service from Fayetteville for the period above specified for sewer customers within Farmington's City Limits. Farmington agrees that Fayetteville will be permitted to charge individual customers the rates and charges hereinafter provided. 3. DEFINITION OF LIMITS OF City Limits" as used in this corporate limits cf Farmington contract is executed, or as may future in whatever manner that annexation. FARMINGTON: The term "Farmington contract shall mean the legal as they exist at the tine this be modified by Farmington in the may be provided for by law for 4. SEWER RATES: The rates for sewer service shall be on a cost -of -service basis as computed by a Registered Professional Engineer selected and employed by the City of Fayetteville. Farmington shall have the right to review such rates and provide the City with their comments prior to the time that the rates are adopted by Fayetteville. The rates as of the date of this contract shall be as shown on Exhibit "A" attached. The sewer rates include maintenance and treatment costs, tapping fees, and surcharge rates for excess BOD and Suspended Solids. Fayetteville reserves the right to review the sewer rates at the end of each three year period or at the same time Fayetteville rates are reviewed, and make an adjustment in said rates if indicated, based upon a demonstrable increase or decrease in cost of performance hereunder. 5. CHARGES AND REQUIREMENTS FOR SEWER SERVICE CONNECTIONS: The charges for making individual connections to the Farmington System shall be as established by the Fayetteville City Council and as adjusted from time to time. Before any connection is made the sewer customer shall obtain a permit from Fayetteville which indicates whether or not a pavement cut will be necessary. In the event that it becomes necessary to cut a pavement in order to make a service connection, the sewer customer shall make necessary arrangements with Farmington for proper repairs of pavement without cost to Fayetteville. Such arrangements shall be made in advance and evidenced in writing prior to the commencement of the work. A Plumbing Permit must be obtained from the City of Fayetteville before a connection crder can be issued by Fayetteville. 6. BILLING, COLLECTIONS AND PAYMENT: Fayetteville shall issue billing and collect all bills in accordance with ordinances of the City of Fayetteville and the rules and regulations of the Sewer Department of Fayetteville as now exist or hereafter adopted, and if any customer fails or refuses to pay said billing, Fayetteville shall discontinue water and sewer service to such customer in accordance with said ordinances, rules and regulations. 7. COMPLIANCE WITH RULES AND REGULATIONS: The City of Farmington and all sewer customers shall comply with, at all times, the ordinances, rules and regulations of the City of Fayetteville which may now exist or may hereafter be promulgated. Failure or 2 ■ 2.17 r • 2.:08 refusal of any customer to comply with such ordinances, rules or regulations will subject the customer to immediate discontinuance of water and sewer service. Neither Fayetteville nor Farmington shall in any way be liable for any damages or expenses which may result from such discontinuance. Each customer shall obtain a Plumbing Permit from the City of Fayetteville and install all plumbing in accordance with the ordinances, rules and regulations of the City of Fayetteville in effect at the time such plumbing is installed. Fayetteville shall provide a copy of each and every regulation and ordinance so alluded to in this Contract to Farmington as they now exist and shall provide changes to those regulations as soon as possible after such changes are made. Farmington shall not be held liable under any rule or regulation or ordinance that has not been properly transmitted to them. Farmington will adcpt an ordinance or ordinances providing for the discontinuance of water and sewer service in the event cf failure or refusal of a customer to comply with the above provisions. All plumbing shall be inspected by the City of Fayetteville Plumbing Inspector, or his authorized agent. The initial inspection fee shall be as proscribed by the City of Fayetteville from time to time for outside of the City of Fayetteville inspections. The inspection fees for Farmington shall be determined on a cost of service basis and shall include but not be limited to the costs of equipment used, man hours employed, and mileage, overhead and administrative costs. Farmington will make provision by ordinance for authorized agents of Fayetteville to enter any and all properties for inspection where the possibility of violation of said plumbing ordinances, rules and regulations may exist. It is understood that Farmington may issue it's own Plumbing Permits and do its own inspections at such time as they develop the staff and capabilities to do so. 8. OWNERSHIP OF SYSTEM: It is understood that the Farmington System, including all sewers, the sewage lift station, force main, and appurtenances thereto are the property of the City of Farmington. 9. OPERATION AND MAINTENANCE: Fayetteville shall operate and naintain all of the existing Farmington System and all facilities which may be constructed and become a part of the Farmington System ..n the future. Operation and Maintenance shall include: a) Pump Stations: Maintenance made necessary by the normal wear and tear encountered by the system. It does not include the replacement or enlargement of the station made necessary either by the increase in normal domestic flows or by an increase in the infiltration and inflow within the 3 Farmington System. Neither does it include repair of extraordinary damages resulting from acts of God. b1 Gravity Sewers and Force Mains: Operation and maintenance of the gravity sewers and force mains shall mean the demand maintenance required as a result of a reported gravity sewer or force main blockage, the preventive rodding and cleaning of gravity sewer mains or force mains, and in- house sewer rehabilitation activities. In-house sewer rehabilitation shall include smoke testing, televising of lines, manhole lining and repairs, chemical grouting, point repairs, and line replacements not exceeding 15 feet. Fayetteville agrees that it shall utilize the same criteria to determine the extent and degree of in-house sewer rehabilitaticn to be done within the Farmington System as we do for the Fayetteville sewerage system. 10. CONSTRUCTION OF NEW FACILITIES: New gravity sewers, force mains, pump stations, sewerage appurtenances, or enlargement thereof shall be constructed without cost to Fayetteville. This includes enlarging, replacing, moving, relocating, lowering, or adjusting to grade of any of the facilities of the system should they become overloaded cr for the purpose of permitting construction or other facilities. To the extent that such un - included activities are undertaken they shall be undertaken without cost to Fayetteville. Also included under this Paragraph are pump station replacements or improvements, sewer line replacements, construction of relief sewers, force main replacements and improvements, Sewer System Evaluation Studies intended to define excessive stormwater infiltration and inflow into the Farmington System, and the subsequent construction designed to eliminate such excessive infiltration and inflow. The need for a Sewer System Evaluation Study would be jointly determined by Farmington and Fayetteville. Fayetteville and Farmington agree that Farmington may add a surcharge to the amounts normally charged by Fayetteville for sewer services provided under this Contract. The purpose shall be to provide fcr the construction of new facilities as defined in this Paragraph, and for other purposes as may be specified by Farmington. The money collected under this provision shall be turned over to Farmington every six months, beginning in January, 1994. Any interest earned on said funds shall be the property of Fayetteville to compensate for the administration, audit and payment of said funds. Plans and specifications fcr any new construction as described above must be approved by the Fayetteville City Engineer and the Arkansas State Department of Health prior to the execution of any construction contract. Pipe size for any facilities shall be in 4 z. :09 keeping with prospects for future growth. Pipe and other :materials used in such construction shall be in accordance with the standard construction practices of the Sewer Department of Fayetteville at the time such work is done. The design and specifications for any sewer facilities shall be in keeping with acceptable engineering practices at the time of construction. All such construction shall be planned and supervised by a Registered Professional engineer licensed to practice in the State of Arkansas. Farmington shall nct extend any sewer lines beyond the Farmington City Limits, as defined in Paragraph 3 of this Contract. Fayetteville shall be furnished two copies of the "As -Built" plans of all work, with a certification from the Engineer that all work was constructed in accordance with the approved plans and specifications. Fayetteville shall have the right to inspect and test the system within a reasonable time prior to accepting and placing the system into service. 11. EXTENSIONS BY FAYETTEVILLE: Fayetteville shall have the ✓ ight to make extensions from Farmington's lines to serve adjacent areas inside or outside the present limits of Fayetteville so long as Fayetteville does not serve customers in the present limits of Farmington. The cost of replacement or enlargement of Farmington's lines or pumping facilities required by loads imposed by Fayetteville shall be borne by Fayetteville. 12. EASEMENTS: When easements are necessary in connection w ith maintenance and/or construction activities provided for in this Contract, those easements shah be acquired by and at the expense of Farmington. The easements shah be of adequate width for construction, installation and maintenance of lines and appurtenances. Fayetteville shad be afforded the right to full use o f such easements. The form of such easements, together with the provisions contained therein, shall be the same as used by Fayetteville at the time such easements are obtained. All such easements, whether acquired by condemnation proceedings or otherwise, shall be obtained without cost to Fayetteville. 13. ORDINANCES AND REGULATIONS TO FACILITATE PERFORMANCE OF CONTRACT: Farmington and Fayetteville will enact, adopt or execute ordinances, motions, resolutions, rules, regulations or supplemental agreements which may be necessary to carry out the terms of this agreement. 14. PROSECUTION FOR TAMPERING: Farmington agrees to enact an ordinance or ordinances with provisions substantially as follows: "It shall be unlawful for any person other than a person authorized by the Water and Sewer Superintendent of the City of Fayetteville, Arkansas, to make connection with the sewer collection system in this City or to tamper with 5 2.::: That Class "A" limits of offenders. any manhole or any appurtenance to the sewer collection system in this City. Nothing in this ordinance shall be so constructed as to prevent any person when acting under the authority of the Superintendent of the Water and Sewer Department of the City of Fayetteville, Arkansas, from changing, altering or otherwise working with any portion of the sewer system located in this City". violation of said ordinance or ordinances shall be a misdemeanor and shall be prosecuted within the fullest the law. Farmington agrees that it will prosecute all 15. INDUSTRIAL PRETREATMENT: a) Farmington Ordinance: Farmington agrees to adopt, within 6 months from the date of this Contract, a sewer use ordinance which is no less stringent and is as broad in scope as the sewer use ordinance as adopted by Fayetteville. Whenever Fayetteville amends its sewer use ordinance, it will forward a copy of such amendments within 10 business days of enactment thereof. Farmington will enact amendments at least as stringent as those adopted by Fayetteville within 30 business days of receipt thereof. The Parties will periodically review their respective sewer use ordinance and jointly draft and adopt amendments (which are equivalent in scope and stringency) to their respective sewer use ordinance when deemed necessary for the effective administration and cperaticn of the pretreatment program. This review will be conducted no less than once every 2 years. However either party may request a joint review whenever such party believes that a review is necessary. A request for such joint review must be forwarded by the requesting party to all other parties, stating the reason for the request and the date cn which the review is requested to take place. Within 10 days of receipt of the request, the receiving party must respond to the request stating that the proposed date is satisfactory or proposing an alternate date(s) for the review. In any case, the joint review will take place within 30 business days of the request. b) Local Limits: Farmington will adopt and diligently enforce local limits which address at least the same pollutant parameters and are at least as stringent as the local limits enacted by Fayetteville. If any revisions or additions are made to Fayetteville's local limits, Fayetteville will forward to Farmington a copy of any such revisions or additions to the local limits within 10 business days of enactment thereof. • Farmington agrees tc adopt any revisions or additions made to Fayetteville's local limits within 30 business days. c) Implementation of Farmington Ordinance: Farmington designates Fayetteville as the agent of Farmington for the purposes of implementation and enforcement of Farmington's sewer use ordinance against users connected to the Farmington System. Fayetteville, on behalf of and as an agent for Farmington will perform technical and administrative duties necessary to implement and enforce Farmington's sewer use ordinance. Fayetteville will: (1) update the industrial waste survey; (2) issue permits to all users required to obtain a permit; (3) conduct inspections, sampling, and analysis; (4) take all appropriate enforcement action as outlined in the enforcement response pian; and (5) perform any other technical or administrative duties the parties to this agreement deem appropriate. Fayetteville may, as an agent of Farmington, take emergency action to stop or prevent any discharge which presents or may present an imminent danger to the health or welfare of humans, which reasonably appears to threaten the environment, or which threatens to cause interference, pass through, or sludge contamination. dl Pretreatment Program Costs: Fayetteville will be responsible for all costs (including labor, equipment, attorney's fees, etc.) incurred in implementing and enforcing Farmington's sewer use ordinance on behalf of Farmington. In the event of a lawsuit relating to the implementation or enforcement cf the pretreatment program in Farmington, all expenses incurred by Fayetteville in the defense of that lawsuit shall be paid by Farmington. The items for which Farmington shall be responsible shall include, but shall not be limited to the use of outside consultants, attorneys, or other professional expertise. e) Outside Farmington Dischargers: No industrial user outside the limits of the City of Farmington shall be allowed to tie on to the Farmington System. f) Arbitration of Disputes: Any disputes arising out of this Contract concerning pretreatment issues will be submitted to non-binding arbitration performed in accordance with the rules of the American Arbitration Association. A decision reached in arbitration will in no way limit Fayetteville's or Farmington's power to enforce requirements directly against users located in Farmington, nor will it preclude Fayetteville or Farmington from seeking other remedies including, but not limited to, specific performance. 7 7 ' a) Review of Pretreatment Agreement: The portion of this Contract dealing with industrial pretreatment will be reviewed and revised to ensure compliance with the Federal Clean Water Act (42 U. S. C. para. 1251 et seq.) and rules and regulations (see 40 CFR Part 403) issued thereunder, as necessary, but at least every (2) years. 17. LIABILITY: Fayetteville shall not be responsible for damages resulting from acts of God, acts of war, insurrections or rebellions, acts cf a public enemy, acts of any unauthorized persons, firms or corporations, or acts of Farmington or its agents or employees. 18. TAXES PROHIBITED: Farnington will not during the period of this contract or any renewal thereof levy any franchise tax, occupation tax, or any other tax of any form whatsoever, by whatever name it may be called, upon Fayetteville or the services rendered pursuant to this contract without consent of all the parties. 19. TERMINATION OF CONTRACT: This agreement may be terminated by either party upon breach by the other of any of the covenants or agreements contained herein, and the failure of the party in breach to remedy such breach within thirty (30) days after receipt of written notice of the existence of such breach. 20. OPTION TO RENEW CONTRACT: Farmington shall have the option to renew this contract upon the same terms and conditions contained herein for a period of fifteen (15) years by giving not less than six months written notice of same in advance of the termination date of this contract. 21. NOTICES: The written notices provided for herein shall be sufficient if sent by certified nail, return receipt requested, postage prepaid, to the Mayor of the City of Fayetteville, Arkansas, or the Mayor of the City of Farmington, Arkansas, but not limited thereto. 22. SEVERABILITY: Should null and void or rescinded by the remaining terms of this enforceable. any term of this Agreement be held a court of competent jurisdiction, Agreement will be unaffected and IN WITNESS WHEREOF, Fayetteville and Farmington have executed these presents by their respective Mayors and have caused their seals to be hereunto affixed and same attested to by the City Clerk and City Recorder, having been authorized to do so by appropriate resolution of their respective governing bodies. 8 2.113 • • • • EXHIBIT "8" FARMINGTON PLUMBING PERMIT FEES AS OF NOVEMBER, 1993 1. One (1) Fixture $ 2. Two (2) Fixtures 3. Three (3) Fixtures 4. Four (4) Fixtures 5. Five (5) Fixtures 6. Six (6) Fixtures 7. Seven (7) Fixtures 8. Additional Fixtures 9. Concrete Floor 10. Re -inspection Fee 12.00 18.00 24.00 26.00 28.00 30.00 32.00 0.75 10.00 10.00 The fees as shown are current charges and may be modified from time to time by the City Council of Fayetteville. 2.11E