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Home My WebLink AboutRES 04-121 RESOLUTION NO. 04-121 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Interlocal Agreement with Jefferson County and the West Jefferson Municipal Water District to receive and treat sewage from the residents in the Candlelight and Martel Heights Subdivisions in the Cheek community. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of May, 2004. - Ma or Evelyn M. Lord - ow w ® '6, i . LU Lr ; STATE OF TEXAS § COUNTY OF JEFFERSON § INTERLOCAL AGREEMENT This Interlocal Agreement ("the Agreement") is entered into between the City of Beaumont, a municipal corporation of Jefferson County, Texas, (herein "City") and Jefferson County (herein "County"), and the West Jefferson Municipal Water District (herein "District"), and these three (3) entities are authorized to enter into interlocal agreements in accordance with Section 791.001 et seq. of the Government Code of the State of Texas (Vernon 1996). WITNESSETH : WHEREAS, County has requested City to receive and treat sewage from the residents of the Candlelight and Martel Heights Subdivisions in the Cheek community of Jefferson County; and WHEREAS, City agrees under the terms of this agreement to provide sewage treatment services; and WHEREAS, District has agreed to participate in this project by maintaining the sewage system, collecting from those persons who utilize the system and paying the rate as established in this contract for such sewage services; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The obligations of County shall be as follows: 1. To provide all labor and material not limited to piping, pumps and lift stations adequate to convey sewage from the residents of the Candlelight and Martel Heights Page 1 GARMWIAGREEMENTSM JEFF MUN WTR DIST EXHIBIT "A" Subdivisions in the Cheek Community to the City manhole on Major Drive as directed by the City. 2. 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. 3. Install and maintain a meter 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. County further agrees to test the accuracy and calibrate the meter by an approved tester upon installation and semi-annually thereafter in a manner approved by the City, with results submitted to the City. County shall bear all costs associated with the installation and maintenance of the meter. Should City question 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 five percent(5%), County agrees to repair and recalibrate the meter at its expense. 4. City shall have the right, at its discretion, to require County to install and maintain at a place to be determined by the City equipment and facilities for monitoring domestic sewage quality and for the purpose of determining that no industrial waste, oils, bilges, or other similar sewage is delivered to the City's system unless approved by the City. 5. Unless approved and authorized by the City, no waste other than domestic or sanitary sewage waste shall be delivered to the City's system, and sewage delivered shall be free of petroleum products, salts and heavy metals, toxic chemicals and industrial sewage. For purposes of this paragraph, the words "industrial sewage" mean waste Page 2 G:\RMW\AGREEMENTS\W JEFF MUN WTR DST generated from industrial, commercial, and manufacturing facilities and which exceeds or is not compliant with any one of the following: A. Bio-Chemical Oxygen Demand (5-day BOD): 250 milligrams/liter. B. Total suspended solids: 300 milligrams/liter. C. Greases and Fats: 100 milligrams/liter. D. Acidity and alkalinity as the Hydrogen ion concentration (pH): Range must be above 6.0 and below 10.0 pH units. E. General discharge prohibitions as stated under the City Code of Ordinance number 03-018, section 28-101: "Use of the Public Sewers" and 03-044. F. No septic effluents shall be delivered to the City sewer system. G. Any pre-treatment processes shall be approved by appropriate City, State and Federal agencies. 6. The discharge of storm water, surface water, ground water, roof runoff, subsurface drainage or unpolluted industrial process water to the City sewer without prior written approval of the City is prohibited. 7. County agrees that any expansions or modifications to the sewage collection system shall be in conformance with the City's standards and shall be approved by the City Water Utilities Division prior to construction. 8. A copy of the collection system plans, approved by a professional engineer, must be submitted to the City. 9. The maximum discharge volume from the collection system shall not exceed 695 gallons per minute. Page 3 GARMWWGREEMENTSM JEFF MUN WTR DIST 10. Notwithstanding any provision in this Agreement to the contrary, County's obligations hereunder are expressly made contingent on the receipt of adequate funding from sources other than the general revenue funds of County. If inadequate funding is obtained, County may, at its sole discretion, electto perform the obligations hereunderwith its funds. County shall have the exclusive right to determine if funding is adequate for the obligations contained herein. 11. Should a Certificate of Convenience and Necessity(C.C.N.)from the Texas Commission on Environmental Quality be required,Countywill be responsibleto obtain the C.C.N. and pay all costs, fees or expenses associated with the obtaining of the C.C.N. County may, however, contract with District to assume the obligations of this paragraph. IL The City's obligation shall be as follows: 1. City shall accept and treat the sewage delivered to the City's systems. 2. City agrees to bill the District for sewage services on a monthly basis at an initial rate of $98.86 for the first 1000 gallons and $3.49 per 1000 gallons thereafter. Should sewage rates be increased to residents outside of the City, the rates set herein will be adjusted by the percentage increase to the residents outside of the City. III. The obligations of District shall be as follows: 1. To maintain and operate the sewage collection system in accordance with standards provided by any regulatory body. 2. In the event of an overflow, bypass or other noncompliance with the regulations applicable to the sanitary sewage collection system, the District agrees to Page 4 G:\RMW\AGREEMENTS\W JEFF MUN WTR DIST promptly report the noncompliance as required by state and federal authorities. The District also agrees to promptly mitigate any environmental hazard created by the noncompliance and to correct the problem which led to the noncompliance. The District also agrees to submit a copy of the notification and report of the mitigation to the City. The District's collection system is defined as all the pipes and pumps within the District transporting sewage from individual connections to the lift station and including the lift station, the meter, and the pump discharge piping. City's responsibility shall begin at the point where the pump discharge piping enters the City's collection system. 3. District agrees to pay to the City all charges for sewer service within thirty (30) days after receipt of statement from the City. In the event of failure of District to so pay said charges, City shall have the right upon thirty(30)days written notice to District to refuse to accept further sewage to the area served by the District's system. 4. The District agrees to maintain with the City the sum of$5,000 to be retained by the City as payment for any delinquent amounts owing City for said services furnished at the time of cancellation or expiration of this agreement. The District agrees that any expansions or modifications to the sewage collection system shall be made in conformance with the City's standards and shall be approved by the City Water Utilities Manager prior to construction. 5. 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. IV. In connection with this agreement, official addresses for notification shall be: Page 5 GARMWWGREEMENTSM.JEFF MUN WTR DIST A. City of Beaumont Office of City Manager P. O. Box 3827 Beaumont, Texas 77704 B. Jefferson County Judge Carl Griffith 1149 Pearl Street Beaumont, Texas 77701 C. West Jefferson Municipal Water District Dennis Green 7824 Glenbrook Drive Beaumont, Texas 77705 V. This agreement may be amended by the mutual agreement of the parties hereto in writing and any amendment shall be attached to and incorporated into this agreement. EXECUTED in triplicate originals this day of , 2004. CITY OF BEAUMONT By: City Manager JEFFERSON COUNTY By: County Judge WEST JEFFERSON MUNICIPAL WATER DISTRICT By: Page 6 GARMIMAGREEMENTSM JEFF MUN WTR DIST