The Governing Body has contractually agreed with the City of
Omaha, whereby the City of Ralston shall be allowed to connect its
sewer system to the City of Omaha's sewer system. The actual agreement
is set forth below:
THIS AGREEMENT made and entered into this 17th day of August
1959, by and between the City of Omaha, a Municipal Corporation, duly
organized and existing under the laws of the State of Nebraska, hereinafter
referred to as the "City," and the City of Ralston, a Municipal Corporation,
duly organized and existing under the laws of the State of Nebraska,
hereinafter referred to as "Ralston."
WHEREAS, Ralston has been investigating means and methods for
the disposal and treatment of sanitary sewage from its system; and,
WHEREAS, The City of Omaha proposes to construct an interceptor
sewer from its Papillion Creek Sewage Treatment Plant in a northwesterly
direction to 84th and Hascall Streets, Omaha, Nebraska; and,
WHEREAS, said interceptor sewer will be located close to the
east edge of the boundaries of Ralston; and,
WHEREAS, Ralston desires to connect its system to the said interceptor
and have its sewage disposed of and treated by the City of Omaha at
its Papillion Creek Sewage Treatment Plant; and,
WHEREAS, this appears to be the most feasible and economic method
for the disposal and treatment of sewage in this area.
NOW, THEREFORE, in consideration of the premises and the mutual
promises of the parties herein contained, it is agreed:
1. Subject to the terms and conditions and provisions thereinafter specified,
the City hereby grants permission to Ralston to connect its sewer
system to the proposed Hascall Street interceptor sewer at the two
points shown on the map marked Exhibit "A" attached hereto and made
a part hereof.
2. Ralston is to design, construct and maintain all the necessary outfall
and outlet sewers, siphons, pumping stations, and all other appurtenances
thereto at its own cost which may be necessary to effect the above
connection.
3. The City represents that it will enter into a contract for the said
Has call Street interceptor sewer on or before the 1st day of July,
1959. Ralston, upon the execution and delivery of this Agreement will
pay to Ralston Bank, Ralston, Nebraska, the sum of $19,500. This said
sum shall be used as a partial payment for the construction cost of
the proposed Hascall Street interceptor sewer. The Ralston Bank, Ralston,
Nebraska, shall act as Escrow Agent and shall disburse the moneys
in its possession to the constructor constructing the said Hascall
Street interceptor, upon the written authorization of the City Engineer
of the City of Omaha.
4. As full compensation for the City handling and treating the sewage
collected by Ralston and deposited in the City main, Ralston agrees
to pay to the City a sum equivalent to 1 1/2 times the sewer
service charges or use fees now charged to the residents of the City
of Omaha for the use of the sewer system and sewage treatment plant.
In the event that the City of Omaha sewer service charges or use fees
are raised, Ralston shall be obligated to pay an equivalent amount
equal to the raise but shall not be obligated to pay 1 1/2 times
such raise. On each due date, the City of Ralston will pay to the
City of Omaha a sum equal to 1/2 of all annual use fees on the number
of sewer connections then in operation 15 days prior thereto. Said
due dates are March 1st and September 1st of each calendar year. If
the charge of sewer use fees within the City is repealed or discontinued,
Ralston shall, nevertheless, continue to pay the City a sum equivalent
to 1 1/2 times the charges or use fees in effect on the date
of this agreement plus any increases in rates made effective subsequent
to said date.
5. Ralston shall furnish to the City, without cost, easements over and
across any property owned by it over and under which the proposed
Hascall Street interceptor will be built.
6. All sewers to be constructed or made within or without the present
existing boundaries of Ralston, subsequent to the date of execution
of this Agreement, shall be constructed in accordance with plans and
specifications approved by the Nebraska State Department of Health.
Ralston agrees to conform with their current ordinance establishing
materials and methods for construction of sanitary sewers which has
been filed with the Public Works Department of the City of Omaha.
7. Ralston shall not permit any sewer lines or sewers outside its boundaries
to be connected to the sewer or sewer lines within Ralston unless
and until written approval thereof by the City of Omaha has been obtained.
It is understood and agreed before the City will give its approval
of any such outside connection, that a Sanitary and Improvement District
must be created in order to insure responsibility or supervision and
maintenance, or in lieu thereof, Ralston shall guarantee to the City
such responsibility and maintenance. As to any such contemplated outside
connection, sewer service charges shall be levied by the City of Omaha
and paid directly to the City of Omaha. Any sewers outside of Ralston's
boundaries shall be constructed in accordance with plans and specifications
approved by the Public Works Department of the City of Omaha, and
shall conform with any minimum standards and requirements of the City.
8. All sewage emptied into the City sewage system through the Ralston
connections shall be in conformity with the ordinances and regulations
pertaining to sewers with the City. Ralston hereby gives to the City
and its duly authorized representatives and employees the right to
enter upon public property located within its boundaries for the purpose
of inspecting sewer connections, maintenance and type of sewage.
9. The City hereby agrees to handle and treat the sewage from the two
proposed connections for a period of 20 years. Provided, however,
that the obligation to handle and treat the sewage is limited to the
drainage area shown on the map attached hereto and made a part hereof.
10. In the event of a breach of this Contract in any of its particulars
by Ralston, the City of Omaha may, after giving 30 days' written notice
to the City of Ralston, disconnect main connections with the sewerage
system of the City made by Ralston or used by Ralston and this Agreement
then shall be null and void and would be of no effect, it being understood
and agreed that in the event of any such disconnection by or in behalf
of the City, the City, its officers, employees and agents shall be
absolutely free of any liability to the District or to any of the
property or premises within or served by Ralston. Charges or use fees
applicable on date of disconnection shall be due and owing and shall
be paid to the City.
11. During the 19th year of this contract, the parties hereto agree to
attempt to renegotiate a new contract. In the event that no new contract
has been negotiated at the end of the twenty-year period and for 60
days thereafter Ralston shall disconnect its outfalls from the City
interceptor and make other arrangements for the treatment and disposal
of sewage from its system.