HomeMy WebLinkAboutR-1998-061 Outside Utility AgreementRESOLUTION NO. R-98- 61
A RESOLUTION authorizing the City Manager and City Clerk of the
City of Yakima to modify the language of new Outside Utility
Agreements (OUAs).
WHEREAS, the City of Yakima has developed a plan for
wastewater collection, treatment, disposal for the Yakima
Regional Area; such plan being necessary to determine the needs
of the area for health, safety, and well being of the people; and
WHEREAS, the plan addresses those parties outside of the
City of Yakima who wish to receive sewer service; and
WHEREAS, terms: under which parties outside of the. City of
Yakima seeking sewer service are addressed under an Outside
Utility Agreement (OUA); and
WHEREAS, the Washington Department of Ecology (Ecology) has
required the City Wastewater Division, in its NPDES permit,
issued September 8,`1997, to establish legally binding agreements
assuring complete and adequate implementation of the National
Pretreatment Program within the unincorporated areas of the
County; and
WHEREAS, Ecology is of the opinion that the current OUA does
not assure implementation of the National Pretreatment Program;
and -
WHEREAS, amending the OUA to comply with Ecology's
requirements is in the best interest of the City of Yakima, now,
therefore,
BE.IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The second part of Exhibit B, "Conditions of Utility Service
Approval" of the Outside Utility Agreement is amended to read as
follows:
The City of Yakima public sewer system will be extended
according to the. City's requirements and specifications to
service the following development(s) all of which meets the
proper zoning in accordance with Yakima County. Use and
extension of the City sewer system is contingent upon compliance
with all City sewer and wastewater system use ordinances and
regulations (including, without limitation, Yakima Municipal Code
Chapter 7.65) as those ordinances and regulations may be amended
from time to time. Any other use or extension unless
specifically authorized by appropriate City action is prohibited
and. grounds for summary disconnection of service.
ADOPTED BY THE CITY COUNCIL this 5th day of May, 1998.
ATTEST:
2
John Puccinelli, Mayor
To:
From:
Date:
PRESTON GATES & ELLIS L L P
ATTORNEYS
Pete Hobbs
Chris Waarvick
Konrad Liegel
Roger Wynne
April 29, 1998
MEMORANDUM
Subject: Amendment to current Outside Utility Agreement
Based on our analysis of the Outside Utility Agreement (OUA) form currently used by
the City, you asked us to suggest language to amend this form so as to make more explicit the
contractual obligation to comply with City sewer use and pretreatment ordinances.
We suggest amending the second part of Exhibit B, "Conditions of Utility Service
Appro‘ al" as follows:
The City of Yakima public sewer system will be extended according to the
City's requirements and specifications to service the following development(s) all
of which meets the proper zoning in accordance with Yakima County. Use and
extension of the City sewer system is contingent upon compliance with all City
sewer and wastewater system use ordinances and regulations (including, without
limitation. Yakima Municipal Code Chapter 7.65) as those ordinances and
regulations may be amended from time to time. Any other use or extension unless
specifically authorized by appropriate City action is prohibited and grounds for
summary disconnection of service.
Please call one of us with any questions.
cc: Liz Thomas
JADW 25722.89.001\BUM2WT.DOC
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /1
For Meeting Of _51/4/9 S7
ITEM TITLE: A Resolution to Amend the Outside Utility Agreement
SUBMITTED BY: Chris Waarvick, Wastewater Superintendent
CONTACT PERSON/TELEPHONE: Chris Waarvick/575-6078
SUMMARY EXPLANATION:
This agenda item respectfully requests the City Council amend the Outside Utility Agreement (OUA).
The Washington Department of Ecology is requiring the Wastewater Division, in its NPDES permit,
issued September 8, 1997, to establish legally binding agreements assuring complete and adequate
implementation of the National Pretreatment Program within the unincorporated areas of the County.
This resolution adds one sentence to the Outside Utility Agreement (OUA). This sentence will make
more explicit the contractual obligation to comply with City sewer use and pretreatment ordinances. We
are requesting at this time that City Council amend the OUA to include the proposed language.
Resolution X Ordinance Contract Other (Specify)
Funding Source N/A
APPROVED FOR SUBMITTAL:
ty Manager
STAFF RECOMMENDATION:
Amend Exhibit "B" of the Outside Utility Agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: RESOLUTION ADOPTED. RESOLUTION NO. R-98--61