HomeMy WebLinkAboutRESOLUTION NO. 01-11-27-1 RESOLUTION 01-11-27-1
BE IT RESOLVED,by the City Council of Fairfax,Iowa that the Mayor and
City Clerk are hereby authorized to execute the 28E Agreement with the City of Cedar
Rapids for Sanitary Sewer Service within Prairie View Estates.
Passed this day of _, 2001.
Bill Voss, Mayor
ATTEST:
M P ha, City Clerk
®gym
CEDAR RAPIDS
City of Five Seasons
MEMORANDUM
December 11, 2001
Fairfax City Clerk's Office
523 Vanderbilt Street
Fairfax, lA 52228
Enclosed is a copy of Resolution No. 2681-12-01 passed by the City Council at their regular
meeting held on December 5, 2001. Also attached is a 28E Agreement between the Cities.
Thank you.
Office of the City Clerk
50 Second Avenue Fridge • Third Floor,City Hall m Cedar Rapids, Iowa 52401-1256
(319)286-5060 • FAX (319) 286-5130
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RESOLUTION NO. 2681-12-01
RESOLUTION APPROVING 28E AGREEMENT
FOR PROVISION OF SANITARY SEWER SERVICE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CEDAR RAPIDS,
IOWA, that the Mayor and City Clerk are authorized to sign a 28E Agreement with the
City of Fairfax for provision of sanitary sewer service.
Passed this 5th day of December, 2001,
Voting: Council member Thomas moved the adoption of the resolution; seconded by
Council member Zahn. Adopted, Yeas, Council members Thomas, Zahn and Mayer
Ciancey.
Mayor
Attest:
City Clerk
4901047ICORRESIRES 28E AGR FAIRFAX SANITARY SEWER
AGREEMENT BETWEEN THE CITY OF CEDAR RAPIDS, IOWA
AND THE CITY OF FAIRFAX,IOWA
FOR PROVISION OF SANITARY SEWER SERVICE
WHEREAS, the City of Cedar Rapids;Iowa("Cedar Rapids") and the City of Fairfax,
Iowa("Fairfax")have previously entered into that certain "28E Agreement between the City of
Fairfax and the City of Cedar Rapids regarding the provision of sanitary sewer to a specific area
and the annexation of properties March 2001,
AND WHEREAS,now Cedar Rapids and Fairfax wish to establish all the provisions of
such Sanitary Sewer Service Agreement contemplated therein,
NOW THEREFORE BE IT AGREED by and between Cedar Rapids and Fairfax as
follows:
1. FAIRFAX OPERATIONS. Fairfax will construct,own and maintain sanitary sewer
mains within Prairie View Estates Phase I more fully described as follows:
All thatxart of the southeast quarter of section 3, township 82 north, range 8 west
of the 5 principal meridian,Linn County, Iowa, lying southeasterly of the
southeasterly right of way of U.S. Highway N. 151 and lying south of the south
right of way of Beverly Road
and
all of the northeast quarter of the northeast quarter of section 10,township 82
north, range 8 west of the 5`h principal meridian, Linn County, Iowa.
All these sewer improvements shall meet the Cedar Rapids Metro Area Design Standards
Maintenance Criteria which are by this reference incorporated herein. All plans and
specifications for such improvements shall be submitted to Cedar Rapids for review and
approval. Hereinafter all such sewer mains will be referred to as "the PVEP sewer".
2. CEDAR RAPIDS OPERATIONS. Cedar Rapids will construct, own, and maintain
such sewer mains as it deems necessary to allow the sanitary sewer flow from Fairfax by way of
November 20, 2001 1
the PVEP sewer to be transported to Cedar Rapids' treatment plant or in a convenient manner
and as regulated by appropriate state and federal regulatory agencies,
3. FAIRFAX ENFORCEMENT, Fairfax shall enact.and enforce such ordinances and
promulgate such regulations as are necessary to ensure that all waste discharged into the PVEP
sewer meet the standards set forth in the Sewer Use Regulations in Chapter 13 of the Cedar
Rapids Municipal Code and for Industrial Pretreatment Program requirements set forth in 40
CFR Part 403 (General Pretreatment). Fairfax shall also enact and enforce such ordinances and
promulgate such regulations to ensure that there will be no illegal or high strength discharges
into any of its sewer mains that connect to the Cedar Rapids sanitary sewer system. Fairfax shall
enter into a separate inter jurisdictional agreement, which recognizes the ability of Cedar Rapids
to enforce all aspects of the industrial pretreatment program.
4. CEDAR RAPIDS ACCESS. Cedar Rapids shall be granted access to all of Fairfax'
public sewer mains as may be necessary to conduct flow monitoring,waste water sampling,.and
analysis as Cedar Rapids deems necessary to verify compliance with this Agreement and the
provisions and regulations of Cedar Rapids sewer use ordinances and Federal Pretreatment
Program requirements. If such monitoring or other investigation and analysis reveals inflow or
infiltration that do not meet Cedar Rapids criteria, Cedar Rapids shall inform Fairfax of such
findings. Fairfax will be responsible for further inspection of the PVEP sewer by camera, smoke
test, or dye test methods.
5. PREVENTATIVE MAINTENANCE. Fairfax shall conduct preventive maintenance
in the PVEP sewer, including responding to sewer stoppages and overflows, debris removal, and
root cutting. Fairfax shall indemnify and hold harmless Cedar Rapids from any claims, causes of .
November 20, 2001 2
action, damages, or liability resulting from sewer stoppages, overflow, and restrictions to waste
water conveyance in the sanitary sewer main or blockages of the PVEP sewer.
6. PREVENTION OF INFLOW. Fairfax shall enact such ordinances and promulgate
such regulations as are necessary to prohibit potential groundwater inflow into the PVEP sewer
during construction. Fairfax shall take all reasonably necessary steps to prevent such
groundwater inflow, and once found, stop off such inflow including taking legal action.
7. FUTURE CONSTRUCTION PERMITS. Fairfax shall provide Cedar Rapids with all
future sanitary sewer construction permit applications for the PVEP sewer, or extension thereof,
as may be required by the Iowa Department of Natural Resources. Any future connection or
extension of the sanitary sewer;system by Fairfax located in the Prairie View Estates Phase I area
and associated watershed drainage basin shall be subject to Cedar Rapids' approval
8. EMERGENCY ACTIONS. Cedar Rapids and Fairfax will individually, or jointly,
undertake emergency action as may be reasonably necessary to immediately abate any discharge
which presents, or may present, imminent danger to the public safety,health, or welfare,
including any threat to the environment or any threat or interference with the pass through at the
Cedar Rapids Water Pollution Control Facility, specifically including any threat of sludge
contamination.
9. ACCESS. Fairfax grants access to Cedar Rapids to the PVEP sewer. Fairfax grants to
Cedar Rapids all rights in any sanitary sewer easements held by Fairfax or hereafter required for
the construction of sanitary sewer improvements in the Prairie View Estates Phase I area. Cedar
Rapids shall share all information with Fairfax collected pertaining to any such investigation or
analysis.
November 20, 2001 3
10. CONNECTION STANDARDS. Cedar Rapids shall establish the applicable
standards for the connection of the PVEP sewer to the Cedar Rapids sanitary sewer system.
Fairfax shall adhere to such standards.
11. CEDAR RAPIDS CONNECTION AND EXTENSION, Cedar Rapids shall have:the
right to connect or extend the PVEP sewer system without any connection charges. Cedar
Rapids shall indemnify and hold harmless Fairfax from all claims,demands, damages, or
liabilities arising out of any such connection or extension.
12. SYSTEM CHARGES. Fairfax shall pay the system development/connection charges
as follows:
(a) Connection charges will consist of a total of three separate system development fees.
The system development fees based on single family residential equivalent(SFRE) units have
been established to recover costs associated with construction of'sanitary sewer collection system
infrastructure and the Water Pollution Control treatment facility. Fairfax shall pay the following
system development fees for the connection to Cedar Rapids' Prairie Creek Sanitary Sewer
extension.
1) Prairie Creek Extension $197.50 per SFRE
2) Sanitary Sewer System $1.97.50 per SFRE
3) Water Pollution Control $368.75 per SFRE
TOTAL System Development Fee $763.75 per SFRE
Cedar Rapids may review this fee periodically and make appropriate adjustments to reflect
Consumer Price Index (CPI)changes and other relevant factors,including cost of service
analysis.
(b) The total Fairfax area covered under this Agreement to be served from the
connection to the Prairie Creep Sanitary Sewer Extension is 84.3 acres. Total drainage area that
could be served from this connection point is estimated to be 1.04 acres. Prairie Creek Sanitary
Sewer Extension Study was completed to review sewer system capacity upstream from
Edgewood Rd. Based on the Preliminary Plat for Prairie View Estates, Fairfax, Iowa, the SFRE
for the area to be served from the connection made possible by this Agreement is estimated to be
199 units. 199 SFRE units is derived from 4 existing single family units, 147 proposed single
family residential lots and 6.44 acres designated for multi-family development at 7.5 SFRE units
per acre. Thus, the total connection charge for Fairfax therefore is estimated to be $151,986.25..
November 20, 2001 4
(c) Actual connection charges may vary and shall be determined from Final Plat(s) as
approved by Fairfax for the area to be served. Single family residential equivalents shall be
calculated in accordance with Part 2.3, Chapter III - Sanitary Sewers of the Cedar Rapids
Metropolitan Area Engineering.Design Standards Manual, 1996.° Fairfax shall furnish one (1)
copy of approved Final Plat(s)i within 3 business days following approval to Cedar Rapids for
purposes of calculating connection charge(s). Fairfax shall provide to the City of Cedar Rapids
Engineering Department a count of the number of building permits issued for the final plats)by
the end of each subsequent quarter following approval of the final plat(s). Payment as set out in
section 12(a) for each SFRE shall accompany each quarterly report for the building permits
issued.
(d) All calculations associated with development of the System Development or
Connection Charges shall be incorporated into this Agreement by reference, and a copy will be
provided to Fairfax.
13. OPERATING AND MAINTENANCE CHARGES. Fairfax shall pay operating and
maintenance charges as follows:
(a) Continuing treatment and transport of wastewater through Cedar Rapids' sanitary
sewer system shall be assessed with fair and reasonable utility service fees and may be adjusted
by Cedar Rapids in accordance with Section(b)below. Monthly flat rate for Cedar Rapids'
operating and monthly (O&M) charges, for non-metered single-family or multi-family dwellings
located in PVEP, which is outside Cedar Rapids' corporate limits,pursuant to Cedar Rapids
Municipal Code Chapter 13, Section 13.17(d), shall be.$ 15.01 for single family dwellings and
$14.03 per unit for multi-family dwellings,
(b) Cedar Rapids may adjust operating and maintenance costs and user sewer rate
charges referred to in Paragraph 13(a)above based on user class revenue requirements annually.
The fees referred to in Paragraph 13(a) for non-metered single and multi-family O&M charges,or
surcharges will be adjusted based on cost of service analysis or proportionally based on the
Cedar Rapids Group 1 users rate increase. Notice of updated charges, if necessary will be given
four(4) months in advance to Fairfax. Updated operations and maintenance charges will be
effective each year on the date listed in the annual amendment to Chapter 13 of the Cedar Rapids
Municipal Code of Cedar Rapids(typically July 1S) and shall be included on monthly invoices
sent after that date.
(c) The initial count of single family or multi-family dwellings subject to continuing
operations and maintenance charges shall be provided by Fairfax to the City of Cedar Rapids
'mater Pollution Control Facilities by December 1, 2001. An updated count of single family,
multi-family or any other type of user shall be provided by Fairfax no later than the end of each
subsequent quarter until the drainage basin defined in the preamble of this document is fully
developed.
(d) Cedar Rapids shall invoice Fairfax monthly for sewer transport and sewer treatment
charges as set forth in Paragraph 13(a) hereinabove.
November 20, 2001 5
(e) Cedar Rapids reserves the right to disconnect the PVEP sewer if transport and
treatment charges have not been paid for more than three consecutive months. Partial or
disputed payments may result in the installation of flow limiting devices and ultimately
disconnection if the dispute cannot be resolved to the satisfaction of Cedar Rapids. Cedar Rapids
shall provide 60 days prior written notice to Fairfax before taking such action as contemplated
herein.
14. CAPACITY ANIS FLOW LIMITATIONS. The design capacity of the PVEP sewer
to the proposed connection point is 22,460 gallons per hour(0..539 million gallons per day
(mgd))with a total estimated potential service area of 104 acres. The design capacity of the
Prairie Creek Sanitary Sewer immediately downstream of the proposed connection point to
Fairfax is 141,250 gallons per hour(3.39 mgd)with a total estimated potential service area of
17 acres.
(a) The average daily flow from the PVEP sewer into the Cedar Rapids-sewer system
shall not exceed 63,000 gallons per day. Average daily flow shall be determined on a monthly
basis and calculated by dividing the total flow of the month by number of days in the month..
(b) The maximum daily flow from the PVEP sewer into the Cedar Rapids sewer system
shall not exceed 80,000 gallons per day. Maximum daily flow shall be defined as the total flow
in any 24-hour period.
(c) The maximum peak hourly flow from the PVEP sewer into the Cedar Rapids sewer
system shall not exceed 9,800gallons per hour.
(d) The Fairfax service area shall not exceed 84.3 acres.
(e) Capacity limitations referred to in Paragraphs a, b, c.and d hereinabove may only be
revised by mutual agreement of'Cedar Rapids and Fairfax.
(f) Fairfax shall pay Cedar Rapids $500 for each and every day in which measured peak
flow from the PVEP sewer exceeds 9,800 gallons per hour or 80,000 gallons per day. Cedar
Rapids may review this fee periodically and make appropriate adjustments to reflect Consumer
Price Index (CPI) changes and other relevant factors, including cast of service analysis.
November 20, 2001 6
15. SAMPLING MANHOLE. Fairfax shall provide a sampling manhole equipped with
a properly designed Parshall flume or equivalent flow-measuring device. There shall be a single
connection from the PVEP sewer into the Cedar Rapids sanitary sewer.
16. FLOW RECORDING. Fairfax shall, within 90 days after written notice by Cedar
Rapids, install a flow recording device (i.e. ultra-sonic or bubbler flow monitor) capable of
recording daily flow, monthly total flow, and peak flow in gallons per minute. If installed,the
flow monitor shall be maintained and calibrated by Fairfax according to the manufacturer
specifications or directions. Flow monitor shall be calibrated at least once per quarter.
17. INDEMNITY. Cedar Rapids and Fairfax each save and indemnify and hold
harmless the other against all liabilities,judgments, costs, and expenses which may arise in
connection with their respective activities arising out of any of'the matters set forth in this
Agreement.
18. SURCHARGE. If Fairfax fails to meet the terms and,conditions of this agreement,
Cedar Rapids shall provide written notice to Fairfax of such failure. Fairfax shall have 60 days
in which to remedy such failure. If Fairfax fails to do so, Cedar Rapids shall add a surcharge to
the monthly operation and maintenance charges in the amount of 10%per month. Each failure
shall be subject to its own surcharge. Any and all surcharges shall be cumulative during any
given calendar year to a maximum surcharge of 100%. These surcharges are in addition to the
specific surcharge referenced hereinabove at Paragraph 14(f) relating to excessive measured
peak flows. Additionally, Cedar Rapids reserves the right to take any and all measures necessary
to limit the flows into the Cedar Rapids sewer system if downstream sewers are operating
beyond pipe capacity. Fairfax shall not add any additional service connections.
s
November 20, 2001 7
19. TERMINATION. In addition to any and all other remedies provided herein for
Fairfax' failure to adhere to the terms and conditions of this agreement, Cedar Rapids may
terminate this agreement following 180 days written notice to Fairfax.
20. CEDAR RAPIDS CONTINUED OPERATIONS. Cedar Rapids will operate and
maintain its wastewater treatment and collection systems and take such other and further action
as necessary to provide Fairfax with wastewater treatment capacity as set forth in this agreement.
Cedar Rapids shall prepare all temporary or partial failures to deliver such service as soon as
possible. In the event of an extended shortage of waste water treatment capacity, or if the waste
water treatment to Fairfax is otherwise diminished for more than 180 consecutive days, Cedar
Rapids may reduce Fairfax' waste water treatment in the same ratio proportion as the supply of
waste water treatment is reduced to all other Cedar Rapids residential customers.
21. PARAGRAPH HEADINGS. The paragraph headings or titles hereof shall be
descriptive only and of no force or effect.
22. TERM. This agreement shall be in full force and effect upon execution hereof by
Cedar Rapids and shall remain in effect for 20 years unless a shorter or longer duration is
mutually agreed upon. Each party hereto will provide at least one year's written notice to the
other of any intent to extend or terminate this agreement.
]dee R. Clancey Date Bill Vass Date
Mayor, Cedar Rapids Mayor, Fairfax
Ann 011inger Date Majy Pae' a. Date
City Clerk, Cedar Rapids City Clerk,Fairfax
dovember20, 2001 8