City of Ralston, NE Article XII Sewage Treatment Agreement

§ 10-1201 SEWAGE TREATMENT; AGREEMENT.

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:

Sewage Agreement

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.