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HomeMy WebLinkAboutRES 04-094 RESOLUTION NO. 04-094 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract with Golden Triangle Landfill, TX LP, (BFI) for sanitary sewer service. The contract is attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of April, 2004. ceeanA a�a - Ma or Evelyn M. Lod - STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, Golden Triangle Landfill, TX LP, (BFI) doing business in the State of Texas (herein "Owner), and the City of Beaumont, a municipal corporation of the State of Texas (herein "City") entered into a Contract on April 15, 2004, for City to provide sewer services to BFI; WHEREAS,the City and BFI desire to adopt a Contract for the provision of sanitary sewer services to BFI and agree as follows: WITNESSETH I BFI agrees to install and maintain, free of charge to the City, the 3" diameter force main. II The City shall have the right to enter on the property or premises for any purposes reasonably incidental to or necessitated by the terms and provisions of this Contract. III BFI agrees to install and maintain a lift station, 3-inch force main, and a meter to pump their wastewater for monitoring the quantity of sewage delivered to the City's collection system. The type and model of meter shall be approved by the City. BFI further agrees to test the accuracy and calibrate the meter upon installation and semi-annually thereafter,in a manner approved by the City, EXHIBIT "A" with the results submitted to the City. BFI shall bear all costs associated with installation and maintenance of the lift station, 3-inch force main, and the meter. Until the meter is installed and tested or in the event of a malfunction of the meter,BFI agrees to pay for a volume of sewage which is equivalent to previous billing actually provided to BFI for the billing period. In the event that the City questions the accuracy of the meter,the City shall have the right, at its own expense,to test the accuracy of the meter. If the meter is inaccurate by at least 5 percent, BFI agrees to repair and recalibrate the meter at its expense. IV The City shall have the right, at its discretion, to require BFI to install and maintain, at a place to be determined by the City, equipment and facilities for monitoring sewage quality and for the purpose of determining that no prohibited industrial waste, oils,bilges, or other similar sewage is delivered to the City's system unless approved by the City in accordance with Federal and State requirements. V BFI agrees to comply with applicable City Code of Ordinances including the sewer use ordinance regarding the discharge of industrial wastewater. BFI will only discharge leachate and/or any other wastewater when approved and authorized by the City in accordance with local, state,and federal requirements. VI In the event of an overflow, bypass, or other noncompliance from the City's sanitary sewage collection system,BFI agrees to promptly report the noncompliance as required by State and Federal authorities. BFI also agrees to promptly mitigate any environmental hazard created by the noncompliance and to correct the problem which led to the noncompliance. BFI also agrees to submit a copy of the notification and report of the mitigation to the City. BFI's collection is defined as all of the pipes within BFI transporting sewage from individual connections to the lift station,and including the lift station and pump discharge piping. The City's responsibility shall begin at the point where the 3" force main enters the City's manhole on Frint Road below the ground. VIII The City agrees to accept a maximum of 20,000 gallons of wastewater per day from BFI under normal operating conditions. Additional flow volumes must be approved by the City prior to discharging to the City collection system. The City reserves the right to reject any additional flow. IX BFI agrees to pay to the City all charges for sewer service within fifteen (15) days after receipt of statement from the City. In the event of failure of BFI to so pay said charges, City shall have the right, upon thirty(30) days' written notice to BFI, to refuse to accept further sewage from BFI. X BFI will pay the same rate for sewer services as established from time-to-time by the City Council for outside the City of Beaumont, for strength of sewage discharged, and applicable surcharges. The event said rates and surcharges are altered or amended by City Ordinance, BFI agrees to pay said amended rates. BFI agrees to pay an additional surcharge for the discharge of ammonia as nitrogen concentration in excess of 35 mg/L. The ammonia surcharge will be$0.45 per 1000 gallons per mg/L over 35 mg/L. Determination of the strength of BFI's waste shall be made by the City based on tests conducted on representative samples collected in accordance with the Industrial Wastewater Discharge Permit issued. XI BFI agrees to maintain with the City the sum of five thousand and no/100 dollars($5,000) to be retained by the City as payment for any delinquent amounts owing City for said services furnished at time of cancellation or expiration of this agreement. XII BFI agrees to: A. Adopt a resolution or take some other official action agreeing to the terms and conditions of this agreement; b. Adopt a resolution or take some other official action ratifying, affirming and accepting the benefits and agreeing to the terms,conditions and requirements of this agreement; and C. Enter into such other or additional contracts or agreements as may be reasonably required to carry out the purpose and intent of this agreement. XIII This agreement shall be for a period of ninety(90) days from and after the date of execution hereof or upon the adoption and/or amendment of sewer service rates by City Ordinance, which ever occurs first. XIV BFI may, from time to time,convey or assign this agreement with respect to all or any part of the land contained within BFI's boundaries, and the assignee or assignees shall be bound by this agreement. Upon prior approval by the City Council, of the assignee or assignees, and only upon the condition that the assignee or assignees assume the liabilities, responsibilities and obligations under this agreement with respect to the land involved in the assignment or assignments, or as may be otherwise approved by the City Council. In connection with this agreement, official addresses for notification shall be: A. City of Beaumont Office of City Manager P. O. Box 3827 Beaumont, TX 77704 B. Browning-Ferris Industries, TX LP Golden Triangle Landfill 6433 LaBelle Road Beaumont, TX 77705 Any changes in said addresses may be made by notifying the other parties by certified mail of the new or changed address. EXECUTED IN DUPLICATE ORIGINALS, THIS DAY OF A.D., 2004, the City of Beaumont acting herein by and through its City Manager and Golden Triangle Landfill, TX LP, acting herein by and through its General Manager, hereunto duly authorized. ATTEST: CITY OF BEAUMONT Kyle Hayes, City Manager ATTEST: GOLD AN TRIAN E LANDFIL TX General Manager STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME,the undersigned,a Notary Public in and for the said county and state,on this day personally appeared David Turkal,General Manager of GOLDEN TRIANGLE LANDFILL,TX LP,known to me to be the person and officer whose name is subscribed to the foregoing instruction, and acknowledged to me that the same was the act of the said GOLDEN TRIANGLE LANDFILL, TX LP,and that he executed the same as the act of such company for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of April, A.D. 2004. `�INS- Y PU6�c•"9 No ry Public �g7EOF�e •C My Commission Expires: %�'9 ' •°.� .�Zooms•` '���' +R i t + ```� C *q� of Beaumont .Z=221MV9111IRMAK NMI ci Council Agenda Item EL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 22, 2004 AGENDA MEMO DATE: April 27, 2004 REQUESTED ACTION: Council authorize the City Manager to execute a contract with Golden Triangle Landfill, TX LP, (BFI)for sanitary sewer service. RECOMMENDATION Administration recommends authorizing the City Manager to execute a contract with BFI for sanitary sewer service. BACKGROUND BFI contacted the City regarding the ability of the Water Reclamation Plant to accept wastewater from their landfill on LaBelle Road. Currently, BFI transports and disposes of the wastewater at other locations. Under the terms of the agreement,BFI would he responsible for the installation and maintenance of a 3-inch force main,lift station and a meter to pump the wastewater from their landfill to the Water Reclamation Plant. The maximum amount of wastewater to be accepted by the City is 20,000 gallons per day. BUDGETARYIMPACT The rate charged to BFI for sanitary service is the same rate charged for service outside of the City limits. Additionally, BFI may be surcharged for wastewater discharges of ammonia as nitrogen concentration in excess of 35 mg/L. The estimated annual revenue will range between$50,000 and $150,000, depending upon the surcharges. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager,Public Works Director and Water Utilities Manager.