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HomeMy WebLinkAboutR-1995-043 Town of TietonRESOLUTION NO. R-95- 43 A RESOLUTION authorizing the City Manager to execute a Wastewater Disposal Agreement with the Town of Tieton. WHEREAS, the Town of Tieton has requested that the City of Yakima Wastewater Treatment Facility accept certain sewage and other wastewater for treatment at Yakima's Plant; and WHEREAS, the Town of Tieton has agreed to pay the customary and required fees and charges for such wastewater disposal pursuant to the attached agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached Wastewater Disposal Agreement with the Town of Tieton. ADOPTED BY THE CITY COUNCIL this 14th day of March , 1995. ATTEST: Mayor City Clerk (1.) roma /wastewater diaposai .rp WASTEWATER DISPOSAL AGREEMENT THIS AGREEMENT is made and entered into this Sday of 1995 by and between the CITY OF YAKIMA, a municipal corporation, whose mailing address is 129 North 2nd Street, Yakima, Washington 98901, hereinafter referred to as "Yakima," and TOWN OF TIETON, a municipal corporation, whose mailing address is P.O. Box 357, Tieton, Washington 98947, hereinafter referred to as "Tieton." WHEREAS, the City of Yakima owns and operates a Wastewater Treatment Facility; and WHEREAS, the Town of Tieton operates a Wastewater Treatment Plant consisting of four (4) lagoons and sprayfield with no other means of discharging effluent, and said Town of Tieton Treatment Plant has no additional capacity to treat sewage and wastewater from new developments; and WHEREAS, the Town of Tieton has requested that it be permitted to transport sewage from the Town of Tieton Wastewater Treatment Plant to the City of Yakima Wastewater Treatment Facility; and WHEREAS, the City of Yakima Wastewater Treatment Facility currently has the additional capacity to accept sewage from the Town of Tieton; NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City of Yakima and Town of Tieton as follows: 1. WASTEWATER TREATMENT AT YAKIMA FACILITY. Yakima agrees to accept wastewater and sewage from Tieton to be delivered by Tieton for disposal at the Yakima Treatment Facility subject to the provisions, terms, and conditions specified in Yakima Municipal Code Chapters 7.60, 7.63, 7.64, and 7.65, together with other state and federal laws. Yakima shall treat Tieton's wastewater in accordance with all applicable laws, regulations, and policies that are applicable to other wastestreams at the Yakima Wastewater Treatment Facility. 2. TERM. The term of this Agreement shall commence on the 1st day of April, 1995, and terminate on the 31st day of March, 2001, unless sooner terminated pursuant to Section 7 below. 3. CONSIDERATION. In consideration of the wastewater treatment performed by Yakima, Tieton shall pay Yakima in accordance with the charges, fees, and schedules set forth in Yakima Municipal Code Chapters 7.60, 7.63, 7.64, and 7.65. Yakima shall send Tieton invoices and Tieton shall make payment to Yakima on all fees and charges on a monthly basis within thirty (30) days of receipt of each invoice. Page 1 of 2 (1c7acr/wa^er,waecr diaponal.rp 4. INSURANCE. On or before the effective date of this Agreement, Tieton shall provide Yakima proof of general comprehensive liability insurance in the amount of not less than One Million Dollars ($1,000,000.00), that clearly states who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City of Yakima, it officers, agents, elected officials, and employees as an additional insured and provide that the insurance coverage shall not be terminated without first providing at least twenty (20) days written notice to Yakima. 5. INDEMNIFICATION. Tieton agrees to protect, defend, indemnify, and hold harmless Yakima, its officers, agents, elected officials, and employees from and against any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and costs and expenses (including attorney's fees and disbursements) arising directly or indirectly from or out of, relating to, or in any way connected with activities undertaken by Yakima pursuant to this Agreement. 6. TESTING. Tieton shall allow Yakima access to all sites containing wastewater or sewage to be transported to Yakima at all reasonable times for the purpose of carrying on scientific and analytical tests to determine compliance with applicable laws, regulations, operating policies, and treatment charges. 7. TERMINATION. Either party may terminate this Agreement, with or without cause, by giving the other party sixty (60) days written notice of termination. CITY OF YAKIMA B R. A. Zais, Jr. City Manager ATTEST: City Clerk Cr(1CC TRA'a .. 95 -34 (/ -95-443) Page 2 of 2 (10)agr/watowator dlspoaal.rp TOWN OF TIETON By: (Aid, LAv, Its: `'Milk/ ATTEST: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of 3/ 4/95 ITEM TITLE: Agreement With the Town of Tieton Allowing Wastewater Disposal into the City of Yakima's Wastewater System SUBMITTED BY: Chris Waarvick, Wastewater Superintendent CONTACT PERSON/TELEPHONE: Chris Waarvick/575-6078 SUMMARY EXPLANATION: The attached resolution authorizes the City Manager to execute an agreement with the Town of Tieton, Washington for wastewater services. Their lagoon treatment facilities are at capacity and new residential development cannot be accommodated until improvements are made to the existing facilities. Therefore, the Town of Tieton, Washington has respectfully approached the City of Yakima with a request to dispose of certain limited quantities of its wastewater to the City of Yakima's wastewater system until such time as their treatment systems are upgraded to meet current capacity deficiencies (see attached letter dated January 30, 1995). The quantities discussed in the letter from Mayor Hal Williams are of relatively minor significance to the Yakima system. Allowance of this request will not preclude the City from accommodating its own service obligations. The attached agreement identifies the participating parties, the length of the agreement (4 years), terms of compensation (established by the most recent sewer rate ordinance), point of discharge, liability insurance ($1,000,000), indemnification, pretreatment testing authority, and a written 60 day termination provision. The terms of compensation will follow the language of the Yakima Municipal Code specifically in Sections 7.63, 7.64 and 7.65. A Utility tax of 14% will be applied. Resolution X Ordinance _Agreement X Other (Specify) Letter Dated 1/30/95 Funding Source N/A APPROVED FOR SUBMITTAL: t7=' 4 cirter STAFF RECOMMENDATION: Approve resolution authorizing City Manager to execute agreement with the Town of Tieton for wastewater disposal services. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution No. R-95-43 tieton agreement March 9, 1995 cw P.O. BOX 357 TOWN OF TIETON "TOP OF THE YAKIMA VALLEY" January 30, 1995 Mr. Chris Waarvick Waste Water Superintendent 2220 East Viola Stteet Yakima, WA 98901 Dear Mr. Waarvick: The 'lo. �n of Tieton Waste Water Treatment Plant consists of four lagoons and 3 sprayfield with no other means of discharging effluent. We are at, or even sometimes over capacity which has effectively stopped any development. We are going to apply for Centennial Clean Water Funds for developing a Waste Water System Plan this year, but going through the CCWF cycle will take about six years to complete constriction. Our request to the City of Yakima is to consider the following proposal. We would truck sewage from our treatment plant to your facility as needed. Initially we would need to haul approximately 4,000 (four thousand) gallons per day, increasing up to 40,000 (forty thousand) gallons per day within 7 (seven) years. We would anticipate this program would last for a maximum of 7 (seven) years. The actual atnounts would be dependent on the growth that occurred over this time frame. The following figures are averages for 1994 as reported to DOE. Influent: pH 8.7 BOD mg/1 202 BOD lbs/day 71.2 S/S 219 Effluent: pH 8.7 BOD mg/1 56.4 BOD 27.8 SIS mgt 49.5 I would anticipate we would need to use your facility all year long, possibly the amounts could be a little less during the summer, depending on the loading of .our sprayfield. If it is possible to dump into the west end of your collection system, it would he beneficial to us, but I realize that creates some additional problems. TIETON, WASHINGTON 98947 PHONE 509/673-3162 TOWN OF TIETON "TOP OF THE YAKIMA VALLEY" We will provide proof of necessary liability insurance and obtain any required permits.. I appreciate your consideration of this matter and look forward to your response. Hal Williams Mayor P.O. BOX 357 TIETON, WASHINGTON 98947 PHONE 509/673-3162