HomeMy WebLinkAbout1989-02-28 ResolutionNa _ 89-38
Whereas, Dan 4aung, while walking to warn, did, an the
early morning of December 22, 1988. detect and
sumon aid to a fire at 630 bauth Capitol Street,
and
iuh e r e a s , Dan young, bg his quick and heroic acts of
responsible citizenship was instrumental in
sauing a person's life, and
whereas , an this 28th bag of February, 1989, the City
Council wishes to acknowledge and commend Dan
4aung far his act,
Naw , t h e r¢ t a re , be it resolved hg the Citg Council
of Iowa City, Iowa:
I. Chat the City Council of Iowa City, Iowa, hereby III
commends Dan 4aung for his heroic and meritorious
actian;
2. that the City Council extends the gratitude of III
the City to the said Dan gating for his act of
citizenship and concern for the welfare of others.
:iverj 1b13 Ambrisco III
and seconded bg Horowitz
that the Resolution he adapted
- h I
n -e ,0
CIC CLERK
A4OR
i
P a s s e b and a p p r o v e x) this 29th daq of February 1989.
335
RESOLUTION NO. 89-39
RESOLUTION ADOPTING SUPPLEMENT NLMBER 39 TO THE CODE OF
ORDINANCES OF THE CITY OF IOWA CITY, IOWA
WHEREAS, the Municipal Code Corporation has prepared the 39th supple-
ment to the Code of Ordinances of the City of Iowa City, �—and,
WHEREAS, it is deemed appropriate to adopt supplement number 39 by
resolution as a part of the said Code of Ordinances,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
1. That supplement number 39 to the Code of Ordinances of the City
of Iowa City, Iowa, attacc erto this Resolution as Exhibit A, and by
this reference made a part hereof, is hereby officially adopted as a
part of the said Code of Ordinances.
2. That the Mayor is authorized to sift, and the City Clerk to attest,
this Resolution.
It was moved by Ambrisco and seconded by Balmer
the Resolution be a opte , an upon roll call there were:
AYES: NAYS: ABSENT:
X
Ambrisco
X
Balmer
X
Courtney
X
Horowitz
X
Kubby
X
Larson
X
McDonald
Passed and approved this 28th _ day of February 19 89
yor
ATTEST: t
1 er c
1 E i0 FORM /03/97
LEGAL DEPARTMENT
RESOLUTION NO. 89-40
RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT AND ESTIMATE OF COST FOR THE
BENTON STREET BRIDGE WIDENING PROJECT M-4044(1)--81-52
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the above-named project is to be held on the 7th
day of March, 1989, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa
City, Iowa.
2. That the City Clerk is hereby authorized and directed to publish notice
of the public hearing for the above-named project in a newspaper published at
least once weekly and having a general circulation in the city, not less than
four (4) nor more than twenty (20) days before said hearing.
3. That the plans, specifications, form of contract and estimate of cost for
the above-named project are hereby ordered placed on file by the City Engineer
in the office of the City Clerk for public inspection.
It was moved by Ambrisco and seconded by Balmer
that the resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X
x
X
X
X
X
X
AMBRISCO
BALMER
COURTNEY
HOROWITZ
KUBBY
LARSON
McDONALD
Passed and approved this 28th day of February, 1989.��j��
iiy �r
AYOR
ATTEST: 791;2 ' e) ZL vt n nJ
CIT CLERK
AP,��V A T FORM
Legal Department
3�3
0
RESOLUTION NO. 89-42
RESOLUTION AUTHORIZING AN EXTENSION OF THE DESIGNATED TARGET
NEIGHBORHOODS FOR THE RENTAL REHABILITATION PROGRAM.
WHEREAS, the City of Iowa City is the recipient of Rental Rehabilitation Grant
Funds from the U.S. Department of Housing and Urban Development; and
WHEREAS, the City of Iowa City is permitted to include additional target
neighborhoods for the Rental Rehabilitation Program according to the Code of
Federal Regulation 24 CFR 511.20(b)(2) and the City's Program Description as
approved by the U.S. Department of Housing and Urban Development; and
WHEREAS, the City of Iowa City did, by Resolution No. 84-278, Resolution No. 85-
206 and Resolution No. 86-122, designate target neighborhoods for the Rental
Rehabilitation Program; and
i
WHEREAS, the City of Iowa City desires to extend said target neighborhoods for
the Rental Rehabilitation Program to include the St. Clements Street
Neighborhood; and
WHEREAS, Exhibit A which is attached and by this reference made a part of this
Resolution shows the proposed extension of the Rental Rehabilitation Target
Neighborhood.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That the target neighborhood as shown on Exhibit A attached hereto be
designated for the Rental Rehabilitation Program.
It was moved by Ambrisco and seconded by Horowitz the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
Passed and approved this 28th day of February 1989.
LL ZZ bo
YOR
Approved as to Form
ATTEST: 791p, /✓•J. S. akhf
CITY CLERK Legal Department
301
EXHIBIT A
T
N
IOWA CITY
r
RENTAL REHABILITATION
TARGET NEIGHBORHOODS
existing rental rehab areas
expanded area
3W
RESOLUTION NO. X89-43
RESOLUTION APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, A CHAPTER 28E
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY
HEIGHTS FOR THE OPERATION AND MAINTENANCE OF A UNIFIED WATER UTILITY
SYSTEM AND A UNIFIED SANITARY SEWER SYSTEM.
WHEREAS, since prior to 1961, the cities of Iowa City and University Heights
have been served by a single water utility system, which until 1961 was
privately owned; and
WHEREAS, in September of 1961, the City of Iowa City acquired the said water
utility system, including all facilities and components thereof located within
the cities of Iowa City and University Heights; and
WHEREAS, since November of 1961, Iowa City has generated and distributed potable
water to the residents of Iowa City and University Heights through a water
utility system which includes wells and river intakes, a water treatment plant,
pumps, and storage tanks located in Iowa City, and water mains located in Iowa
City and in University Heights, all of which facilities are owned by Iowa City,
having either been purchased or constructed by Iowa City; and
WHEREAS, since acquisition of the said water utility system, the City of Iowa
City has been maintaining and repairing water utility system components within
University Heights, including mains and pumps; and
WHEREAS, since prior to 1961, the City of Iowa City has, at separate sanitary
sewer interconnection points along the boundaries of Iowa City and University
Heights, accepted for collection wastewater generated by residents of University
Heights, and has treated such wastewater at Iowa City's wastewater treatment
plant; and
WHEREAS, Iowa City's provision of water and sewer services to University Heights
has been the subject of various agreements, to wit as follows:
(A) A sewage disposal contract dated July 29, 1954,
(B) A water service contract dated November 8, 1961, covering Iowa City's
provision of water services to the City of University Heights for a term
of 30 years; and
(C) A municipal services contract dated November 2, 1966, covering Iowa City's
provision of a variety of municipal services to University Heights,
including sewer services, superseding the earlier sewage disposal contract
of July 1954, but excluding water service; and
WHEREAS, the municipal services contract dated November 1966, providing for Iowa
City's provision of a variety of municipal services, including sewer services,
to University Heights was cancelled by the City of Iowa City on January 13,
1976; and
,3 tl-9
Resolution No. 89-43
Page 2
WHEREAS, the City Councils of Iowa City and University Heights have been advised
and do believe that it would be in their mutual best interests to modify and
renew the existing agreement for Iowa City's provision of water services to
University Heights, and to initiate a new agreement with respect to Iowa City's
provision of sanitary sewer services to University Heights, all under a single,
long-term agreement creating a unified water system and a unified sanitary sewer
system; and
WHEREAS, an Agreement has been negotiated and prepared, pursuant to Chapter 2BE
of the Iowa Code providing for the joint exercise of municipal governmental
powers and authorizing the City of Iowa City to provide water utility service
and sanitary sewer service to the City of University Heights, which Agreement
is attached hereto and made a part hereof.
NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA, that the Chapter 28E Agreement Between the City of Iowa
City and the City of University Heights for the Operation and Maintenance of a
Unified Water Utility System and a Unified Sanitary Sewer System," attached
hereto and made a part hereof, is hereby approved as to form and content.
AND BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby
authorized and directed to execute and attest, respectively, said Agreement for
and on behalf of the City of Iowa City.
AND BE IT FURTHER RESOLVED that upon the execution of said Agreement by the City
of University Heights and receipt of an original copy thereof, the City Clerk
is authorized and directed to file said Agreement with the Iowa Secretary of
State and to record same in the Johnson County Recorder's Office.
It was moved by Balmer and seconded by Courtney the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Y Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
T- McDonald
Passed and approved this 28th day of February , 1989.
ATTEST: 7%1n 2V. 411tJ
CITY CLERK
YOR
Ap r ved s to Form
Legal Department
3 �_9
Revised 1/20/89
CHAPTER 28E AGREEMENT
BETWEEN THE CITY OF IOWA CITY
AND THE CITY OF UNIVERSITY HEIGHTS
FOR THE OPERATION AND MAINTENANCE OF A UNIFIED WATER UTILITY SYSTEM
AND A UNIFIED SANITARY SEWER SYSTEM
WITNESSETH:
WHEREAS, since prior to 1961, the cities of Iowa City and University
Heights have been served by a single water utility system, which until
1961 was privately owned; and
WHEREAS, in September of 1961, the City of Iowa City acquired the said
water utility system, including all facilities and components thereof
located within the cities of Iowa City and University Heights; and
WHEREAS, since November of 1961, Iowa City has generated and distributed
potable water to the residents of Iowa City and University Heights through
a water utility system which includes wells and river intakes, a water
treatment plant, pumps, and storage tanks located in Iowa City, and water
mains located in Iowa City and in University Heights, all of which
facilities are owned by Iowa City, having either been purchased or
constructed by Iowa City; and
WHEREAS, since acquisition of the said water utility system, the City of
Iowa City has been maintaining and repairing water utility system
components within University Heights, including mains and pumps; and
i
WHEREAS, since prior to 1961, the City of Iowa City has, at separate
sanitary sewer interconnection points along the boundaries of Iowa City
i
and University Heights, accepted for collection wastewater generated by
residents of University Heights, and has treated such wastewater at Iowa
City's wastewater treatment plant; and
WHEREAS, Iowa City's provision of water and sewer services to University
Heights has been the subject of various agreements, to wit as follows:
(A) A sewage disposal contract dated July 29, 1954,
3Y-9
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(B) A water service contract dated November 8, 1961, covering Iowa City's
provision of water services to the City of University Heights for a
term of 30 years; and
(C) A municipal services contract dated November 2, 1966, covering Iowa
City's provision of a variety of municipal services to University
Heights, including sewer services, superseding the earlier sewage
disposal contract of July 1954, but excluding water service; and
WHEREAS, given the high degree of interconnection between the water
distribution system in Iowa City and the water distribution system in
University Heights, and given the expense and difficulty which University
Heights would experience in acquiring and separating its water distribu-
tion system from Iowa City, and in constructing its own water generation
and distribution system in University Heights, it is presently deemed to
be infeasible for University Heights to acquire, construct, and operate a
separate water utility system; and
WHEREAS, the municipal services contract dated November 1966, providing
for Iowa City's provision of a variety of municipal services, including
sewer services, to University Heights was cancelled by the City of Iowa
City on January 13, 1976; and
WHEREAS, given the high degree of interconnection between the Iowa City
and University Heights sanitary sewer systems, and given the unavail-
ability of alternative means of wastewater treatment for University
Heights, it is presently deemed to be infeasible for University Heights to
separate said sanitary sewer systems, to separately operate its sanitary
sewer system, and to obtain elsewhere or provide for the treatment of
wastewater generated by its residents; and
WHEREAS, the City of Iowa City is under mandate by the Department of
Natural Resources of the State of Iowa to complete the construction
certain improvements to its sanitary sewer system, including the rehabili-
tation of Iowa City's existing wastewater treatment plant, the construc-
tion of a new wastewater treatment plant and associated mains, and the
construction and improvement of certain interceptor sewers, including the
.3,040r7
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Benton Street Interceptor which carries a major portion of the wastewater
generated by University Heights' residents; and
WHEREAS, the parties hereto have been advised and do believe that it would
be in their mutual best interests to modify and renew the existing
agreement for Iowa City's provision of water services to University
Heights, and to initiate a new agreement with respect to Iowa City's
provision of sanitary sewer services to University Heights, all under a
single, long-term agreement creating a unified water system and a unified
sanitary sewer system; and
WHEREAS, this Agreement has been entered into by and between the parties,
pursuant to Chapter 28E of the Iowa Code providing for the joint exercise
of municipal governmental powers in order to authorize Iowa City to
provide water utility service and sanitary sewer service to University
Heights.
NOW, THEREFORE, in consideration of the covenants and obligations herein
made and undertaken, the City of Iowa City (hereinafter "Iowa City") and
the City of University Heights (hereinafter "University Heights"),
hereinafter collectively referred to as "the parties," do hereby agree as
follows:
Part I - Joint Exercise of Powers Under Chapter 28E of the Code of Iowa to
Establish a Unified Water Utility System and a Unified Sanitary Sewer
System.
1. Pursuant to Chapter 28E of the 1987 Code of Iowa, the parties do
hereby agree that the purpose of this Agreement is to jointly
exercise their respective powers to finance, construct, own, and
operate certain public improvements, to wit, a water utility system
for the generation and distribution of potable water to municipal
residents, and a sanitary sewer system for the collection and
treatment of wastewater generated by municipal residents.
2. The parties agree that the water generation and distribution
facilities located within their respective jurisdictions shall
3 s�9
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hereafter be operated as a single unified water utility system, as
provided in Part II hereof, and that the wastewater collection and
treatment facilities located within their respective jurisdictions
shall hereafter be operated as a single unified sanitary sewer
system, as provided in Part III hereof.
3. The parties agree that the design, construction, operation, main-
tenance, and management of facilities comprising the unified water
utility system shall be jointly financed by the residents of Iowa
City and University Heights through payment of uniform water use
rates and charges provided in Part II hereof, and that the design,
construction, operation, maintenance, and management of facilities
comprising the unified sanitary sewer system shall be jointly
financed by the residents of Iowa City and University Heights through
payment of uniform sewer use rates as provided in Part III hereof.
4. The parties agree that the City Manager of the City of Iowa City
shall be designated as the administrator for purposes of this
Agreement, as provided by Section 28E.6 of the Code of Iowa, and that
the City Manager shall administer and manage the operation of both
the unified water utility system and the unified sanitary sewer
i
system.
i�
5. The parties agree that this Agreement shall be effective upon its
execution by both parties, its filing with the Secretary of State,
and its recording in the Johnson County Recorder's Office, as
provided by Section 28E.8 of the 1987 Code of Iowa, and it shall
remain in effect until termination by the parties, or either of them,
as hereafter provided in Part IV.
Part II - Operation and Funding of the Unified Water Utility System
1. Grant of Authority and Acceptance. The City of University Heights
does hereby grant unto the City of Iowa City the authority to operate
within the present or future corporate limits of University Heights a
unified water utility system; to act as the agent of University
Heights in the operation thereof for the generation, storage and
3 �9
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distribution of potable water to University Heights for consumption
by its residents; to maintain, operate, and extend, renew, remove and
replace Iowa City's existing water mains, pipes and other water
utility appurtenances and facilities within University Heights; to
acquire, own, maintain, operate, renew, remove and replace additional
plants and works and all necessary or desirable appurtenances thereto
used or useful in said water utility system; and to enter upon, into,
use and occupy the present and future streets, alleys, bridges, parks
and other public places and ways within the present and any future
corporate limits of University Heights for erecting, constructing,
installing, maintaining, renewing, removing, replacing, relocating,
repairing, owning and operating all necessary facilities, including
pipes, mains, conduits and appurtenances and appendages thereto for
the production, conveyance, storage, treatment, distribution, supply
and sale of water; and to charge and collect rates and charges for
water use and for water utility services, all as hereinafter
provided.
The City of Iowa City does hereby accept said grant of authority, and
hereby agrees to operate the water distribution system within
University Heights as part of a unified water utility system; to
generate potable water and distribute such water in University
Heights for consumption by its residents in accordance with all State
and Federal requirements therefor; and to operate and administer the
said unified water utility system, including the assessment and
collection of water use rates and water utility charges, in a
prudent, fair, and uniform manner in Iowa City and in University
Heights, all as hereinafter provided.
2. Iowa City agrees to generate water from wells and river intakes in
Iowa City, to treat water at its water treatment plant in Iowa City
to make it suitable for human consumption, to store potable water for
the use of residents of Iowa City and University Heights, and to
transport potable water to University Heights and to distribute same
to residents of University Heights through its system of water tanks,
pumps and mains. Iowa City agrees that in the operation of said
unified water utility system, it will produce potable water meeting
ZZ
all regulations and requirements of the Federal Enviromental Protec-
tion Agency (EPA) and Iowa Department of Natural Resources (DNR)
applicable to the generation, treatment, storage, and distribution
thereof, and that it will generate, treat, store, transport, and
distribute potable water in quantities sufficient to serve residents
in both Iowa City and University Heights.
3. Iowa City does hereby agree to operate and maintain the potable water
generation, treatment, storage, pumping, transportation and distribu-
tion facilities owned by Iowa City and located in either Iowa City or
University Heights in a prudent, proper, and safe manner, and to
preserve and protect said facilities to and for the benefit of the
residents of Iowa City and University Heights. For purposes of this
provision, maintenance shall include routine maintenance, repair and
replacement of such facilities as determined necessary by the City of
Iowa City.
4. All excavations and other work in connection with the opening and
closing of streets and other public places by Iowa City shall be done
in a workmanlike manner in accordance with the practices established
by Iowa City in the operation of the unified water utility system.
Whenever Iowa City is about to lay any mains or pipes in streets or
other public places, it shall notify University Heights thereof and
University Heights shall furnish Iowa City with the grade of such
street or other public place, and Iowa City shall lay its mains with
respect to such grade. If thereafter University Heights shall change
the grade of such street or other public place, or otherwise make it
necessary to raise or lower any mains or hydrants installed therein
by Iowa City, the cost thereof shall be repaid by University Heights
to Iowa City. In all other cases, the cost of opening and closing
any streets or public places and repairing and repaving the same
shall be borne by Iowa City as part of the cost of operating the
unified water utility system.
S. University Heights hereby agrees to enact, simultaneously with its
execution of this Agreement, Ordinance No. 9Z establishing
procedures and regulations for the provision of water utility service
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to its residents; establishing rates and charges for water use by and
for water utility services to its residents; establishing regulations
and procedures for the installation and maintenance of meters for the
measurement of water usage by University Heights residents and for
the billing of water rates and charges; and establishing regulations,
construction standards, and procedures for extensions and connections
to the water utility system in University Heights. University
Heights hereby authorizes Iowa City: (1) to act as its exclusive
agent in the enforcement of the regulations contained in said
Ordinance; (2) to act as its exclusive agent in the determination of
all matters under said Ordinance requiring the exercise of judgment
or discretion in the operation and maintenance of said system,
including all such discretionary determinations therein reserved to
the city council or city clerk of University Heights, but excluding
the setting of rates and charges; and (3) to act as its exclusive
agent in the collection of all fees and charges provided in Article
III of said Ordinance for the operation and maintenance of said
system. University Heights agrees (1) to maintain said Ordinance in
effect until termination of this Agreement; (2) not to amend or
modify said Ordinance without the prior written consent of the City
Council of Iowa City and of the DNR; (3) to make such reasonable
amendments to said Ordinance as may from time to time be suggested
and enacted by Iowa City; and (4) to make amendments as required by
the EPA or the DNR.
Iowa City accepts said authorization, and agrees to enforce and
administer Ordinance No. W- for and on behalf of University
Heights as its exclusive agent.
6. University Heights agrees that it will, pursuant to said Ordinance,
impose the same water rates and charges upon its residents as are
presently reflected in Chapters 33 and 32.1 of the Code of Ordinances
of the City of Iowa City and as are presently charged to residents of
Iowa City. University Heights hereby authorizes the City of Iowa
City to act as its agent in the collection of said water rates and
charges, and to retain the moneys so collected in consideration for
Iowa City's provision of water utility service to the residents of
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University Heights. University Heights acknowledges and agrees that
the said water rates and charges presently in effect in Iowa City and
to be imposed in University Heights are fair and reasonable, and have
been calculated in an amount necessary to defray the operating costs
and capital costs of the unified water utility system, including the
retirement of the bonded indebtedness undertaken by Iowa City to
finance improvements to said system. University Heights acknowledges
and agrees that it is fair and appropriate for its residents to share
the capital costs for said improvements inasmuch as University
Heights and its residents are part of said unified water utility
system and derive substantial benefit therefrom.
7. The parties agree that Iowa City shall operate and administer the
water utility system as an enterprise separate and distinct from all
other activities of the City of Iowa City, and that the operation,
maintenance, and administration of the said water utility enterprise
shall be funded solely from revenues generated from water rates and
i'
charges collected in Iowa City and University Heights pursuant to
this Agreement. The parties further agree that the following
categories of expense shall be chargeable as costs of operation,
maintenance, and administration of the water utility enterprise:
(a) general management and administration, including legal services;
(b) system maintenance costs, including but not limited to inspec-
tion, routine maintenance, repair, and replacement;
(c) system operating costs, including but not limited to energy,
i
labor, materials, services, and equipment;
(d) financial administration, including accounting, billing,
collection, financial planning for investments and capital debt;
and
(e) tort liability costs, including the costs of insurance, defense
and settlement of claims and lawsuits, and tort judgments
resulting from operation of the unified water utility system.
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8. The parties agree that Iowa City's water rates and charges shall be
subject to periodic review. University Heights acknowledges and
agrees that it may, during the term of this Agreement, be necessary
for Iowa City to (a) incur indebtedness to construct other improve-
ments to the unified water utility system, including portions thereof
located in University Heights, and (b) increase the annual budget for
the unified water utility system in order to cover increased costs
for operation, maintenance, and administration.
University Heights agrees that upon the occurrence of either of said
events, Iowa City may propose an increase in the water rates and
charges applicable in both Iowa City and University Heights. Iowa
City shall give notice of such proposal to University Heights prior
to formal consideration thereof by the City Council of Iowa City and
at least 90 days prior to the intended effective date thereof. Such
notification shall include cost data and an explanation of the need
or justification for the proposed increase in water rates and
charges.
University Heights shall be required to enact an ordinance effecting
the same increase in water rates and charges upon enactment of those
increases in water rates and charges by Iowa City, and to provide for
the same effective date for said increases as Iowa City, unless
University Heights notifies Iowa City in writing within 60 days of
receipt of the notice, as hereinabove provided, that it does not
intend to enact such an increase in water rates and charges.
If University Heights fails to enact such increase in water rates and
charges by ordinance effective simultaneously with that enacted by
Iowa City, University Heights shall pay to Iowa City, from its
general fund or other appropriate city fund, the difference between
the revenue generated under the water rates and charges in effect in
University Heights and the revenue which would have been generated
under the increased rates and charges enacted by Iowa City, plus a
10% surcharge upon said difference for the additional costs of
administration which will be incurred by Iowa City in calculating,
billing, and collecting water rates and charges under a dual -rate
359 I
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system. University Heights' obligation to pay said difference shall
commence upon the effective date of Iowa City's ordinance increasing
water rates and charges, and shall continue until the effective date
of the University Heights ordinance which enacts the increased rates
and charges enacted by Iowa City. Iowa City shall calculate and bill
University Heights for said differential payment bi-monthly on the
basis of total water consumption in University Heights during the
preceding two-month period. Total water consumption means the
aggregate cubic foot total of all water used by University Heights
residents, as measured by meters installed by the City of Iowa City.
University Heights shall pay said differential payments to Iowa City
bi-monthly within 30 days of receipt of the bill thereof.
University Heights agrees that if Iowa City is unable to collect any
delinquent sewer service accounts in University Heights by discon-
tinuance of water and/or sewer service to such users, the University
Heights city council shall, at Iowa City's request, adopt by resolu-
tion, and the city clerk shall certify, said delinquent amounts as
liens against the properties and shall file same with the county
auditor. University Heights further agrees to promptly forward to
Iowa City any moneys for delinquent accounts recovered by use of such
lien procedure. If University Heights declines to certify such
.i
delinquent amounts to the county auditor as liens upon the properties
served it shall
, pay such delinquent amounts to Iowa City within 60
days of its decision not to certify said amounts.
9. Iowa City agrees in connection with all extensions of its mains to
install fire hydrants as requested by University Heights provided
that, unless Iowa City expressly agrees otherwise, not more than one I'1
fire hydrant shall be required to be installed on each four hundred
feet of extension. All fire hydrants hereafter installed shall be of
six inch size, and shall meet the then existing standards of the City
Of Iowa City. University Heights agrees to pay Iowa city as full
compensation for the use of each existing and future fire hydrant now
or hereinafter installed by Iowa City so long as the same remains in
use, and as full compensation for any water used by University
Heights from any such hydrant for fire protection or fire prevention,
Doc
the sum of $50.00 per year for each such fire hydrant, said payment
to be paid in two equal semi-annual installments on the first day of
May and on the first day of November in each year. During the terms
of this contract, University Heights, or its contract agent for the
provision of fire protection service, shall at all times have full
and unobstructed use of fire hydrants now or hereinafter installed by
Iowa City, but only for fire protection or fire prevention purposes.
Iowa City agrees to periodically inspect and operate said hydrants to
determine if they are operating properly. University Heights agrees
that it shall also periodically inspect said fire hydrants and notify
Iowa City of any damaged, defective or inoperative hydrants.
10. Iowa City agrees at all times to defend, indemnify, and hold
University Heights harmless from all liability, loss, cost, damage or
expense resulting from the opening or closing of streets or other
public places by Iowa City as well as from the presence of its water
mains or other water utility facilities in such streets and public
places and from the manner of operation and maintenance by Iowa City
of its said mains and other facilities. Iowa City shall at all
times, subject to the capacity of its plant and facilities, endeavor
to furnish an adequate and uninterrupted supply of water to
University Heights and its inhabitants and to maintain pressure I
required for fire protection and prevention; provided, however, that
Iowa City shall not be liable for any interruption of service or
failure of pressure or supply of water due to accident or causes
beyond the reasonable control of Iowa City, and no such interruption
shall constitute a breach of this contract provided Iowa City shall j
use due diligence to restore service within a reasonable time.
Part III - Operation and Funding of the Unified Sanitary Sewer System
1. Grant of Authority and Acceptance. The City of University Heights
does hereby grant unto the City of Iowa City the authority to operate
a unified sanitary sewer system in University Heights, to act as the
agent of University Heights in the operation thereof for the collec-
tion and treatment of wastewater generated in University Heights or
by its residents, to provide sanitary sewer maintenance services
3Off .
-12 -
within University Heights, to enter upon city streets and into city
facilities in University Heights for purposes of maintenance,
operation, and administration of said unified sanitary sewer system,
and to charge and collect rates and charges for sewer use and for
sewer services, all as hereinafter provided.
The City of Iowa City does hereby accept said grant of authority, and
hereby agrees to operate the sanitary sewer system within University
Heights as part of a unified sanitary sewer system, to collect and
accept wastewater generated in University Heights or by its
residents, to transport such wastewater to and provide treatment
thereof at Iowa City's wastewater treatment plant or plants in
accordance with all State and Federal requirements therefor, and to
operate and administer the said unified sanitary sewer system,
including the assessment and collection of sewer use rates and sewer
service charges, in a prudent, fair, and uniform manner in Iowa City
and in University Heights, all as hereinafter provided.
2. Iowa City agrees to receive and accept wastewater generated by
University Heights residents, and collected in University Heights
sanitary sewers, at four manholes situated on or near the common
boundaries of Iowa City and University Heights, which manholes are
identified on the sewer map attached hereto as Exhibit A. Said
i
manholes shall hereafter be considered as the points of interconnec-
� I�
tion between the sanitary sewer systems of Iowa City and University
Heights, and shall be used to define the respective jurisdictions of
the parties for purposes of this Agreement.
3. Iowa City agrees to collect wastewater generated in University
Heights at the said points of interconnection, and to thereafter
transport said wastewater through its system of sanitary sewers,
mains, and interceptors for treatment at Iowa City's wastewater
treatment plant or plants, now existing or hereafter constructed.
4. Iowa City agrees that the wastewater treatment provided shall meet
all present and future requirements imposed on Iowa City by the
Federal Environmental Protection Agency (hereinafter "EPA") or the
3��
-13 -
Iowa Department of Natural Resources (hereinafter "DNR") for all
wastewater generated by the residents and originating within the
corporate limits of University Heights. In performance of this
requirement, the parties acknowledge and agree that Iowa City is
presently under mandate by the Iowa Department of Natural Resources
to complete the plan of wastewater collection and treatment
improvements identified in Exhibit B. It is further acknowledged and
agreed that as part of said plan of improvements, Iowa City has
procured the design, and DNR approval of the design, for the Benton
Street Sanitary Interceptor Sewer Project, which project involves the
reconstruction of a major sewer serving University Heights. It is
further acknowledged and agreed that Iowa City has sold $38.95
million of its sewer revenue bonds to finance the construction of
said plan of improvements, including the Benton Street Sanitary
Interceptor Sewer Project, and that Iowa City is under DNR mandate to
award a bid and commence construction on said project by March 15,
1989.
i
In consideration of the covenants and obligations herein made and
undertaken by University Heights, Iowa City does hereby agree to
acquire the necessary properties and property interests and to
complete the construction of said plan of improvements, including the
i;
Benton Street Sanitary Interceptor Sewer Project, to and for the
I'.
mutual benefit of University Heights and Iowa City and as mandated by
the DNR.
5. Iowa City does hereby agree to operate and maintain the sanitary
sewer (wastewater collection) and wastewater treatment facilities
located in or owned by Iowa City in a prudent, proper, and safe
manner, and to preserve and protect said facilities to and for the
benefit of the residents of Iowa City and University Heights. For
purposes of this provision, maintenance shall include routine
maintenance, repair and replacement of such facilities as determined
necessary by the City of Iowa City.
6. Iowa City does hereby agree to operate and provide routine main-
tenance services for sanitary sewer (wastewater collection) facili-
3 ��
-14 -
ties owned by and located in University Heights, as hereafter
provided. For purposes of this provision, routine maintenance means
and includes periodic inspection of sanitary sewer manholes to
determine if said sewers are operating properly, and periodic
"jetting" or "rodding" of sanitary sewers, either according to a
predetermined schedule established pursuant to Iowa City's sewer
administration policy, or as determined necessary pursuant to citizen
complaints or requests. Routine maintenance does not mean or include
the repair or replacement of sanitary sewers located in, owned by, or
under the jurisdiction of University Heights.
The parties agree that University Heights shall retain primary
responsibility for the inspection of its sanitary sewers to determine
the structural condition and design adequacy thereof, and for the
repair and replacement of defective or improperly designed sanitary
sewers located in, owned by, or under the jurisdiction of University
Heights. University Heights agrees to maintain its sanitary sewers
system in accordance with all applicable State of Iowa and Federal
regulations, and in a reasonably good condition permitting safe and
efficient operation thereof. For purposes. of this provision,
sanitary sewers which require routine maintenance (rodding or
jetting) more than semi-monthly in order to function properly shall
be considered substandard and in need of repair or replacement.
Iowa City agrees that it will report to University Heights such
defective structural conditions or improper design as its agents or
employees may observe in the ordinary course of their performance of
Iowa City's operation and routine maintenance obligations; provided,
however, that Iowa City is not hereby undertaking to provide profes-
sional engineering or inspection services to determine the structural
condition or design adequacy of sanitary sewers located in, owned by,
or under the jurisdiction of University Heights.
7. University Heights hereby releases and agrees to defend, indemnify,
and hold harmless the City of Iowa City, its officers, agents, and
employees from and against any and all claims, suits, actions, debts,
damages, costs, charges and expenses, including court costs and
3�9 I
Revised 2/1/89
-15 -
attorney fees, and against all liability, losses, and damages of any
nature arising from the defective condition or inadequate design of
University Heights' sanitary sewer system, or arising from the
failure of Iowa City, its officers, agents, or employees to discover
such defective condition or inadequate design during the course of
operation and routine maintenance by Iowa City, but excluding such
defects or other conditions, caused by the operation and routine
maintenance activities of Iowa City, which result in damage to the
person or property of residents of University Heights or other third
parties to this Agreement. University Heights further releases and
agrees to defend, indemnify, and hold harmless the City of Iowa City,
its officers, agents, and employees, from all liability for damage to
University Heights' sanitary sewer system occurring during the course
of or as a result of Iowa City's performance of operation and routine
maintenance activities thereon, and for consequential damages to
other property, structures, or facilities owned by University
Heights, unless it is shown that such damage was occasioned by the
sole negligence of Iowa City, its officers, agents and employees, and
did not in any way result from the defective condition or inadequate
design of University Heights' sanitary sewer system. This provision
shall have no force and effect as to those portions of the University
Heights sanitary sewer system hereafter accepted by Iowa City
pursuant to paragraph 8.
8. Paragraphs 6 and 7 to the contrary notwithstanding, Iowa City hereby
agrees to accept responsibility for the inspection, repair and
replacement of the University Heights sanitary sewer system and to
accept responsibility for its condition and design, as hereafter
provided. Iowa City agrees to accept jurisdiction of the University
Heights sanitary sewer upon completion of the following terms and
conditions:
(a) University Heights shall cause its City Engineer to undertake a
survey of the University Heights sanitary sewer system to
determine the following:
(1) All locations on each sanitary sewer main where sanitary
sewer manholes are more than 400 feet apart (substandard
sewer design);
3fe9
-16-
(2) All locations where there is no manhole on the upstream end
of a sanitary sewer main (substandard sewer design);
(3) All locations where sanitary sewer mains are of less than
8" in diameter (substandard sewer design);
(4) All locations where sanitary sewer mains are constructed of
either non -reinforced concrete or "Orangeburg" pipe
(substandard materials);
(5) The condition of each manhole, including the lid, ring,
walls, and bottoms, and the design and materials used in
the construction of each manhole;
(6) All locations at which a sanitary sewer service drop into a
sanitary sewer manhole is in excess of 2 feet above the
bottom of the manhole; and
(7) All locations at which storm sewer inlets are connected to
a sanitary sewer, or at which there is a cross connection
between a storm sewer and the sanitary sewer system.
In making said survey, the University Heights City Engineer shall
review all appropriate plats and subdivision documents relating to
the University Heights sanitary sewer system, shall conduct a
physical inspection of each sanitary sewer manhole in University
Heights, and shall, where necessary, ascertain construction materials
used in constructing sewers by contact with the developers, plumbers,
or contractors who constructed or maintain said sewers in University
Heights.
(b) Upon completion of said survey, the University Heights City Engineer
shall prepare a report detailing all locations and conditions as
provided in (a) above, and shall prepare maps or plats of the entire
University Heights sanitary sewer system, showing the location of all
sewer mains, all manholes and the spacing between same, and all cross
-17 -
connections between storm sewer inlets or storm sewers and the
sanitary sewer system. The University Heights City Engineer shall
promptly deliver the completed report and said maps or plats to the
Iowa City Public Works Director.
(c) Upon approval and acceptance of said report and said maps or plats by
Iowa City's Public Works Director, the City Council of University
Heights shall by resolution approve and accept said report and said
maps or plats. Upon the adoption of said resolution, the University
Heights sanitary sewer system shall be deemed accepted by Iowa City
for purposes of this Agreement.
9. Upon Iowa City's acceptance of University Heights' sanitary sewer
system, Iowa City shall thereafter operate and maintain the sanitary
sewer (wastewater collection) system located in and owned by
University Heights in a prudent, proper, and safe manner, and shall
preserve and protect said system to and for the benefit of the
residents of University Heights, except as hereinafter provided. For
purposes of this provision, operation and maintenance shall mean and
include routine maintenance (as defined in paragraph 6 above),
repair, and replacement of such facilities as determined necessary by
the City of Iowa City. Iowa City further agrees that upon its
acceptance of the University Heights sanitary sewer system it will
thereafter:
(a) accept responsibility for the continuing operating condition,
structural integrity and design adequacy of said system,
(b) periodically inspect said system to determine the necessity for
repair or replacement and to assure the adequacy thereof in
accordance with Iowa City's sewer administration policy,
(c) secure the design and construction of improvements necessary to
assure the proper function and design of said system, and
(d) finance the construction of such improvements from sewer
revenues generated as hereafter provided.
3 �9
-18 -
The parties agree that the liability, repair and replacement obliga-
tions undertaken by Iowa City pursuant to this paragraph shall not
apply to those portions of the University Heights sanitary sewer
system exhibiting either substandard sewer design or constructed of
substandard materials, as per paragraph 8(a) above, regardless
whether those substandard conditions are identified in the report of
the University Heights City Engineer pursuant to paragraph 8(b), or
are thereafter discovered.
University Heights further agrees that it will, within one year of
its execution of this Agreement, undertake a project to provide for
the construction of as many additional manholes as are necessary (1)
so that manhole spacing throughout its sanitary sewer system shall
not exceed 400 feet, and (2) so that there will be a manhole on the
upstream end of each sewer main.
10. University Heights agrees that it will not allow extensions or
connections to its sanitary sewer system without the prior consent of
the city manager of Iowa City. Until acceptance of said system by
Iowa City, University Heights shall process all such proposed
expansions, extensions and connections for its review and approval
and for review and approval by Iowa City, and shall inspect the work
done in connection therewith. Upon Iowa City's acceptance of said
system, Iowa City shall act as the agent of University Heights in
processing all such proposals for review and approval, and in
inspecting the work done in connection therewith.
11. Except for unavoidable and unintentional infiltration and inflow, and
existing cross -connections, University Heights agrees not to here-
after permit storm water to enter the University Heights sanitary
sewer system, and further agrees not to hereafter permit the connec-
tion of its storm sewer inlets to its sanitary sewer system, or to
permit any cross -connections between its storm sewer system and its
sanitary sewer system.
3 q_
-19-
12. University Heights agrees to enact, simultaneously with its execution
of this Agreement, Ordinance No. qZ establishing
procedures and regulations for the provision of sanitary sewer
service to its residents; establishing regulations regarding the use
of sanitary sewers, the strength and content of wastewater and
effluents discharged thereto, and the necessity for pre-treatment
facilities; establishing rates and charges for sewer use by and for
sewer services provided to its residents; and establishing regula-
tions, construction standards and procedures for extensions and
connections to its sanitary sewer system.
University Heights hereby authorizes Iowa City: (1) to act as its
exclusive agent in the enforcement of the regulations contained in
said Ordinance; (2) to act as its exclusive agent in the deter-
mination of all matters under said Ordinance requiring the exercise
of judgment or discretion in the operation and maintenance of said
system, including all such discretionary determinations therein
reserved to the city council, city clerk, or city engineer of
University Heights, but excluding the setting of rates and charges;
and (3) to act as its exclusive agent in the collection of all fees
and charges provided in Article III of said Ordinance for the
operation and maintenance of said system.
University Heights agrees (1) to maintain said Ordinance in effect
until termination of this Agreement; (2) not to amend or modify said
Ordinance without the prior written consent of the City Council of
Iowa City and of the DNR; (3) to make such reasonable amendments to
said Ordinance as may from time to time be suggested and enacted by
Iowa City; and (4) to make amendments as required by the EPA or the
DNR.
Iowa City accepts said authorization, and agrees to enforce and
administer Ordinance No. 9 Z. for and on behalf of
University Heights as its exclusive agent.
13. University Heights agrees that it will, pursuant to said Ordinance,
impose the same sewer rates and charges upon its residents as are
307
-20 -
presently reflected in Chapters 33 and 32.1 of the Code of Ordinances
of the City of Iowa City and as are presently charged to residents of
Iowa City. University Heights hereby authorizes the City of Iowa
City to act as its agent in the collection of said sewer rates and
charges, and to retain the moneys so collected in consideration for
Iowa City's provision of sanitary sewer service to the residents of
University Heights. University Heights acknowledges and agrees that
the said sewer rates and charges presently in effect in Iowa City and
to be imposed in University Heights are fair and reasonable, and have
been calculated in an amount necessary to defray the operating costs
and capital costs of the unified sanitary sewer system, including the
retirement of the bonded indebtedness undertaken by Iowa City to
finance the plan of improvements set forth in Exhibit B. University
Heights acknowledges and agrees that it is fair and appropriate for
its residents to share in the said capital costs for said plan of
improvements inasmuch as University Heights and its residents are
part of said unified sanitary sewer system and derive substantial
benefit therefrom.
14. The parties agree that Iowa City shall operate and administer the
united sanitary sewer system as an enterprise separate and distinct
from all other activities of the City of Iowa City, and that the
operation, maintenance, and administration of said system shall be
funded solely from revenues generated from sewer rates and charges
collected in Iowa City and University Heights pursuant to this
Agreement. The parties further agree that the following categories
of expense shall be chargeable as costs of operation, maintenance,
and administration of the unified sanitary sewer system:
(a) general management and administration, including legal services;
(b) system maintenance costs, including but not limited to inspec-
tion, routine maintenance, repair and replacement;
(c) system operating costs, including but not limited to energy,
labor, materials, services, and equipment;
3�9 �
-21-
(d) financial administration, including accounting, billing,
collection, financial planning for investments and capital debt;
(e) tort liability costs, including the costs of insurance, defense
and settlement of claims and lawsuits, and tort judgments
resulting from operation of the unified water utility system.
15. The parties agree that Iowa City's sewer rates and charges shall be
subject to periodic review. University Heights acknowledges and
agrees that it may, during the term of this Agreement, be necessary
for Iowa City to (a) incur further indebtedness to complete the
construction of the plan of improvements set forth in Exhibit B, (b)
incur indebtedness to construct other improvements to the unified
sanitary sewer system, including portions thereof located in
University Heights if and when said system'is accepted by Iowa City
pursuant to paragraph 8, and (c) increase the annual budget for the
unified sanitary sewer system in order to cover increased costs for
operation, maintenance, and administration.
University Heights agrees that upon the occurrence of any of said
events, Iowa City may propose an increase in the sewer rates and
charges applicable in both Iowa City and University Heights. Iowa
City shall give notice of such proposal to University Heights prior
to formal consideration thereof by the City Council of Iowa City and
at least 90 days prior to the intended effective date thereof. Such
notification shall include cost data and an explanation of the need
or justification for the proposed increase in sewer rates and
charges.
University Heights shall be required to enact an ordinance effecting
the same increase in sewer rates and charges upon enactment of those
increases in sewer rates and charges by Iowa City, and to provide for
the same effective date for said increases as Iowa City, unless
University Heights notifies Iowa City in writing within 60 days of
receipt of the notice, as hereinabove provided, that it does not
intend to enact an increase in sewer rates and charges.
If University Heights fails to enact such increase in sewer rates and
charges by ordinance effective simultaneously with that enacted by
Iowa City, University Heights shall pay to Iowa City, from its
general fund or other appropriate city fund, the difference between
the revenue generated under the sewer rates and charges in effect in
University Heights and the revenue which would have been generated
under the increased rates and charges enacted by Iowa City plus a 10%
surcharge upon said difference for the additional costs of
administration which will be incurred by Iowa City in calculating,
billing, and collecting sewer rates and charges under a dual -rate
system. University Heights' obligation to pay said difference shall
commence upon the effective date of Iowa City's ordinance increasing
sewer rates and charges, and shall continue until the effective date
of the University Heights ordinance which enacts the increased rates
and charges enacted by Iowa City. Iowa City shall calculate and bill
University Heights for said differential payment bi-monthly on the
basis of total water consumption in University Heights during the
preceding two-month period. Total water consumption means the
aggregate cubic foot total of all water used by University Heights
residents, as measured by meters installed by the City of Iowa City.
University Heights shall pay said differential payments to Iowa City
monthly within 30 days of receipt of the bill therefore.
University Heights agrees that if Iowa City is unable to collect any
delinquent water service accounts in University Heights by discon-
tinuance of water service to such users, the University Heights city
council shall, at Iowa City's request, adopt by resolution, and the
city clerk shall certify, said delinquent amounts as liens against
the properties served and shall file same with the county auditor.
University Heights further agrees to promptly forward to Iowa City
any moneys for delinquent accounts recovered by use of such lien
procedure. If University Heights declines to certify such delinquent
amounts to the county auditor as liens upon the properties served, it
shall pay such delinquent amounts to Iowa City within 60 days of its
decision not to certify said amounts.
3 �9
-23-
16. University Heights agrees that before any new or existing industrial
user, or process, or business, whose sewage exceeds or might exceed
the normal domestic wastewater strength as defined herein, and whose
total discharge into the sanitary sewer system equals or exceeds
50,000 gallons per day, may be connected to the University Heights
sanitary sewer system, Iowa City's consent to said connection must be
obtained. Iowa City shall not withhold such consent unreasonably.
Prior to construction of any new industry or major remodeling of an
existing facility, University Heights shall require said industry to
submit its plans and specifications for its pre-treatment and
sampling facilities to Iowa City for review. There shall accompany
said plans and specifications the industry's estimate of the volume
and strength of industrial wastewater. The estimate shall list
suspended solids, B.O.D., grease and any other significant organic or
inorganic material which will be contained in the industry's waste-
water discharge. The said plans and specifications shall be approved
or disapproved within thirty (30) days from the receipt of all the
information listed above. The said industries shall not be required
to provide more pre-treatment than is required by applicable Federal
law, rules and regulations of Iowa City ordinances.
In the event of disagreement by the parties as to the strength and
flow of sewage from any industrial user, there shall be a sampling of
the wastewater on the basis of a 24-hour composite sample which may
be verified by a three (3) day sample using an automatic sampling
device approved by Iowa City. Iowa City shall prescribe the minimum
fees for the cost of treatment if any, to be charged such user;
provided, however, that said fees for treatment to be charged to
industrial users in University Heights shall be no less than the
treatment fees charged by Iowa City to similar users located in Iowa
City, and provided that standards of use applied to said user by Iowa
City shall be no different than the standards applied by Iowa City to
similar users located in Iowa City. Such industrial users shall also
be subject to any special conditions of the Federal Government that
apply to an industrial user of Iowa City's wastewater facilities;
State or Federal guidelines for cost allocation, including capital,
-24 -
operational and replacement costs; and guidelines or rules that may
be established by Iowa City relative to industrial users, provided
said guidelines are applied uniformly within the two cities.
17. All wastes other than domestic wastewater originating in University
Heights shall be in compliance with all applicable pre-treatment
requirements of the United States Environmental Protection Agency and
the Iowa Department of Natural Resources and the City of Iowa City.
Such pre-treatment requirements may include, but are not limited to,
Oils, toxic metals, biocides, dissolved salts, acids, and alkalies or
any other materials that may violate applicable sludge disposal,
stream, or effluent standards. University Heights agrees that, in
the event the content of the wastewater received from University
Heights exceeds normal domestic strength wastewater and such excesses
cannot be traced to the source or sources, University Heights shall
construct such pre-treatment facilities that will result in a
discharge of normal domestic strength wastewater if requested by Iowa
City to do so. In the event that such pre-treatment facilities are
not under construction within six (6) months after written notice by
Iowa City and completed within eighteen (18) months thereafter, Iowa
City shall have the right to charge University Heights residents on
the same basis as significant industrial users.
i
t
Any material which could damage the sanitary sewers, lift stations or
the wastewater treatmentloot
p process shall be prohibited, and j
University Heights shall be responsible for the expense of any and
all repairs occasioned thereby. The sampling of the sewage shall be
on the basis of a 24-hour composite sample which may be verified by a
three (3) day sample using Iowa City's sampling device. University '
Heights agrees to permit Iowa City to install a sampling device to
collect necessary samples upon prior notification.
18. Iowa City shall be responsible for the enforcement of such pre-
treatment regulations in University Heights from and after its
acceptance of the University Heights sanitary sewer system as
provided in paragraph 8 above, and may thereafter require users in
University Heights to install pre-treatment facilities as provided by
3f�9
-2s -
applicable regulations of the EPA, DNR, and/or City of Iowa City.
University Heights agrees to enact ordinances as necessary to allow
enforcement by Iowa City of said regulations in University Heights.
19. Iowa City and University Heights agree to adopt all necessary
ordinances and such other additional rules and regulations as may be
required by the EPA or the DNR for the proper control and operation
of the unified sanitary sewer system, including wastewater treatment
facilities. Such ordinances shall also establish rates and charges
for residential and industrial users which are in accordance with
applicable Federal guidelines. In addition, such ordinances (and
additional rules and regulations as may be necessary) shall control
the construction, operation and maintenance of the sanitary sewers
and treatment facilities so they will meet or exceed EPA and DNR
guidelines.
20. There shall be a mutual inspection of facilities mentioned in this
agreement at any time either party may request such inspection. If,
as a result of such inspection, it is determined by either party that
there is a discrepancy in data and this discrepancy cannot be
i
resolved by the parties, then such discrepancy or dispute shall be
resolved as provided in Part IV, paragraph 2.
jl
Part IV - General Provisions
1. Term of Agreement.
This Agreement, and Iowa City's obligation to provide water utility
service and sanitary sewer service to University Heights as herein
provided, shall terminate on January 1, 2019, unless renewed as
provided in paragraph 4.
2. Dispute Resolution - Arbitration.
The parties agree that any dispute arising between them in the
application or interpretation of this Agreement may by mutual
agreement be submitted to arbitration. Any request for arbitration
3�_..
-26 -
from one party to the other must be in writing. Upon agreement to
submit to arbitration, the parties shall sign and acknowledge a
written agreement specifying which issues are to be submitted to the
arbitrators and the arbitration proceeding shall be limited to such
issues. Arbitration shall be binding only if so agreed by the
parties in advance thereof. Arbitration shall be conducted as
follows:
(a) If the parties agree, there may be one arbitrator; otherwise
there shall be three, one named in writing by each party to this
Contract and the third chosen by these two arbitrators.
If they fail to select a third within fifteen days, then such
arbitrator shall be chosen by the presiding officer of the state
or county bar association nearest to the location of the work.
Should the party requesting arbitration fail to name an
arbitrator within ten days of its demand, its right to arbitra-
tion shall lapse. Should the other party fail to choose an
arbitrator within the said ten days, then such presiding officer
shall appoint such arbitrator. Should either party refuse or
neglect to supply the arbitrators with any papers or information
demanded in writing, the arbitrators are empowered by both
parties to proceed ex parte.
(b) No one shall be qualified to act as an arbitrator for whom
serving in such a role would create a conflict of interest.
Each arbitrator selected shall be qualified by experience and
knowledge of the work involved in the matter to be submitted to
arbitration.
(c) If there be one arbitrator, the award shall be binding; if
three, the award of any two shall be binding and may be
impeached only for fraud or mistake. Such award shall be a
condition precedent to any right of legal action.
(d) The arbitrators, if they deem that the case demands it, are
authorized to award to the party whose contention is sustained
-27 -
such sums as they deem proper for the time, expense and trouble
incident to the arbitration and, if the arbitration was taken
without reasonable cause, damages for delay.
(e) The costs of arbitration shall be shared equally by the parties.
(f) The award of the arbitrators shall be in writing and it shall
not be open to the objection on account of the form of the
proceeding or the award.
3. Declaration of Default and Notice; Remedies Upon Default.
In the event that either party determines that the other has
defaulted in the performance of its obligations hereunder, the
aggrieved party may declare that default has occurred and give notice
thereof to the defaulting party. Notice of default shall be given in
writing, shall specify the nature of the default and the provision of
the Agreement involved, and shall specify what action is required of
the defaulting party to correct the default. The defaulting party
shall have 30 days from the date of its receipt of the notice of
default to correct the default. If at the end of said 30 -day period
the default has not, in the opinion of the aggrieved party, been
corrected, that party may thereupon pursue all lawful remedies,
including but not limited to, an action to declare the termination of
this Agreement, an action for specific performance thereof, an action
for damages for breach thereof, or an action for alternative relief.
4. Renewal. This Agreement shall automatically renew for additional
periods of ten years, unless either party shall give notice to the
other, in the form of a written resolution of the city council, of
its decision to terminate the Agreement on the termination date.
Such notice shall not be effective unless delivered to the other
party at least 180 days prior to the termination date.
5. Effect of Termination or Non -Renewal. In the event that this
agreement is terminated as provided in paragraph 3 above or in the
event that this Agreement is not renewed as provided in paragraph 4
3s-9 I
-28 -
above, the parties agree that Iowa City shall be obligated to provide
water utility service and sanitary sewer service, as herein provided
in Parts II and III, for not more than two years after termination
occurs or is judicially declared, during which time University
Heights shall be required (1) to enact or continue in effect the same
rates and charges for such services as are in effect in Iowa City,
and to authorize Iowa City to collect those rates and charges from
University Heights residents, and (2) to enact or continue in effect
pre-treatment ordinances and to authorize Iowa City to enforce same
in University Heights. During said two-year period, Iowa City shall
be required to perform only routine maintenance on said systems, and
University Heights shall be responsible for all repair and
replacement thereof.
Thereafter, (a) Iowa City shall be entitled to cap its water distri-
bution mains in University Heights; (b) University Heights shall not
make use of any of such water mains unless and until it has completed
the purchase of the entire water distribution system in University
Heights from Iowa City, which purchase shall be completed in
accordance with the provisions of Section 472.46 of the 1987 Code of
Iowa; (c) Iowa City shall be entitled to plug sanitary sewers from
University Heights at the points of interconnection shown on Exhibit
A; and (d) University Heights shall assume jurisdiction and control
of the sanitary sewer system in University Heights and all respon-
sibility for the treatment of wastewater generated in University Ii
Heights. 1
6. For purposes of this Agreement, the following terms shall have the
following meanings:
(1) "Normal Strength Domestic Wastewater" means sewage which has no
more than 350 parts per million of suspended solids and the
five-day B.O.D. does not exceed 300 parts per million. The
grease content shall not exceed 300 parts per million.
(2) "Significant Industrial User" means any person, firm, or
corporation owning, and includes the occupants of, any land,
3s�9
-29 -
parcel of real estate or buildings where waste is produced which
is discharged into the sewer system and which:
(a) Has an industrial waste discharge of fifty (50) thousand
gallons of equivalent normal domestic waste, or
(b) Has an industrial waste discharge greater than 5% of the
flow to the treatment plant,
(c) Has, in its waste, a toxic pollutant in amounts as defined
in standards issued under Section 307 of the Federal Water
Pollution Control Act Amendments of 1972, or
(d) Is found by Iowa City or the DNR to have significant
impact, either singularly or in combination with other
contributing industries, on their treatment works or upon
the quality of effluent from the treatment works.
(3) "Sewer User" or "User" means and includes residential
contributors and significant industrial users, as defined in
Chapter 33 of the Code of Ordinances of the City of Iowa City,
or successor provisions thereto.
7. References herein to particular agencies of the Federal or State
government shall mean and include the successor agencies thereof.
References to particular provisions of the Iowa Code or to particular
provisions of the Code of Ordinances of the City of Iowa City shall
mean and include successor provisions thereof.
8. This Agreement, upon its effective date, replaces and hereby voids
and nullifies any previous agreement governing Iowa City's provision
of water utility service and sanitary sewer service to University
Heights.
9. If, for any reason, any part of this Agreement is held unconstitu-
tional, illegal or void, said decision shall not affect the validity
of the remaining portions of this Agreement.
-30 -
THE CITY OF IOWA CITY, IOWA
Dated this day of n,,, 1989.
J n McOonal , Mayor
Attest
Marian K. Karr, City Clerk
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of c 4 -ATI „A�. 19before me,
Otc .".�., r^. Lao , a Notary Public in and for the State
ofIowa, personally appeared John McDonald and Marian K. Karr, tome
personally known, and who, being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa;
that the seal affixed to the foregoing instrument is the corporate seal of
the corporation, and that the instrument was signed and sealed on behalf
of the corporation, by authority of its City Council, as contained in
i?ev-xkLOocn No. 559 •y3 passed (the Resolution adopted) by the City
Council, under Roll Call No. — of the City Council on the
day of,F4,1��a. l 19$x_, and that John
McDonald and Marian K. Karr acknow edged the execution of the instrument
to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
HA' 6
Notary Public in and for said County and State
THE CITY OF UNIVERSITY HEIGHTS, IOWA
Dated this -9 it * day of 1989.
Attest:
Lloyd Knowler, Ct y Clerk
-31-
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this Z4 "' day of—,f3R1/d�/ , 19 e9 , before me,
15. G EFF alNotary Public in and for the State
of Iowa, personally appeared E- E. RA/0'Or-3 and
-"M.0 4 - KA)aV to me personally known, and who, being
by me duly sworn, did say that they are the Maynd City Clerk, respec-
tively, of the City of UMj!LAgSITV //E7or a
6 1 Iowa; that the seal
affixed to the foregoing instrument is the corporate seal of the
corporation, and that the instrument was signed and sealed on behalf of
the corporation, by authority of its City Council, as contained in
(the Resolution adopted) by the City
Council under Roll Call X of the City Council on the
2 day of p 198and that
E e HOD and KNCW4gt a acknowledged the
execution of the instrument to be heir voluntary act and deed and the
voluntary act and deed of the corporation, by, it voluntarily executed.
Notary Public in ayd'fyila�l County and State
3s�9
Exhibit B
City of Iowa City
Plan of Wastewater Collection and Treatment Improvements
The City's Wastewater Improvements Project is divided into five separate
and distinct elements, as follows:
Element 1: North Plant. This element includes screening equipment,
influent pumping structure, flow equalization basins, grit removal and
structure, two clarifiers, rapid sand filtration structure, chlorination
and dechlorination equipment, chlorine contact tanks, and all other
components necessary for modification of the City's existing wastewater
treatment facility and all other components necessary to make the facility
functionally complete.
Element 2: South Plant. This element includes an activate sludge
wastewater treatment facility consisting of an influent pumping structure,
screening equipment, grit removal structure, flow equalization basin, two
primary clarifiers, four mechanical aeration basins, two secondary
clarifiers, chlorination and dechlorination equipment, chlorine contact
tanks, two anaerobic digesters, belt filter press sludge dewatering
structure, dewatered sludge storage paid, and all other components
necessary to make the facility functionally complete.
Element 3: Major Sewers. This element includes the South Wastewater
Treatment Plant Outfall Sewer and Southeast Interceptor -Snyder Creek
Segment, which are the sewers necessary to make the South plant
operational.
Element 4: Relief Sewers. This element includes the Southeast
Interceptor -South Ralston Creek Segment (Phases I and II), and the Benton
Street Interceptor and Storm Sewer.
Element 5: Sludge Forcemain. This element includes the establishment of
design criteria and routing for the sludge forcemain between the North
Plant and South Plant. The Owner shall provide easement descriptions and
any plans and specifications required to obtain permits necessary for
construction. M&E shall provide design criteria, including specification
of pipe size and material, recommended routing, and standards for
installation.
J fe%
Revised 1/20/a9
CHAPTER ZBE AGREEMENT
BETWEEN THE CITY OF IOWA CITY
AND THE CITY OF UNIVERSITY HEIGHTS
FOR THE OPERATION AND MAINTENANCE OF A UNIFIED WATER UTILITY SYSTEM
AND A UNIFIED SANITARY SEWER SYSTEM
WITNESSETH:
WHEREAS, since prior to 1961, the cities of lcwa City and University
Heights have been served by a single water utility system, which until
1961 was Prr\i\Y\ately owned; and
WHEREAS, inSe\ptember of 1961, the City of Iowa City acquired the said
water utility system, including all facilities and compone is thereof
located within th cities of Iowa City and University Heights and
WHEREAS, since Novemb r of 1961, Iowa City has genera d and distributed
potable water to the res ants of Iowa City and Univ sity Heights through
a water utility system w ch Includes wells an river Intakes, a water
treatment plant, pumps, and s orage tanks loca ed in Iowa City, and water
mains located in Iowa City and in Un ersity Heights, all of which
facilities are owned by Iowa ty, aving either been purchased or
constructed by Iowa City; and
WHEREAS, since acquisition of he said &ter utility system, the City of
Iowa City has been maint ning and re p\iring water utility system
components within Universi y Heights, includidflj.'nsCi�ty
ad pumps; and
WHEREAS, since Drt to 1961, the City ohas, at separate
sanitary sewer int connection points along the bo dories of Iowa City
and University eights, accepted for Collection wast t+a ter generated by
residents of iversity Heights, and has treated such wastewater at Iowa
City's wast wwstar treatment plant; and �.
WHEREAS, Iowa City's provision of water and sewer services to University
Haig is has been the subject of various agreements, to wit As follows:
IA) A sewage disposal contract dated July 29, 1951,
3�9
-2-
(8) A wrier service contract dated November 8, 1961, covering Iowa City's
provision of water services to the City of University Heights for a
term of 30 years; and
(C) A municipal services contract dated November 2, 1966, covering Iowa
City's provision of a variety of municipal services to University
He I ghts, including sewer services, superseding the ejrlier sewage
disposal contract of July 1954, but excluding water syfvice; and
WHEREAS; \given the high degree of interconnectlosl between the water
distribution system In Iowa City and the water distribution system In
University Heights, and given the expense and difficulty which University
Heights would\\ne
in acquiring and separating its water distribu-
tion system frownsy, and In constructing Its own water generation
and distributin University Heights, It is presently deemed to
be infeasible ity Heights to acquire, construct, and operate a
separate water tem; andWHEREAS, the me vices contract dated November 1966, providing
for Iowa City's provision o/a variety of municipal services, including
sewer services, to Univers)ty eights was cancelled by the City of Iowa
City on January 13, 1916;,and
WHEREAS, given the high degree of is erconnection between the Iowa City
and University Heights sanitary sewer systems, and given the unavail- i
ability of alternative means of wastewater treatment for University
Heights, It is presently deemed to be infeaslEle for University Heights to
separate said sanitary sewer systems, to sepa\r ely operate its sanitary
sewer system, /And to obtain elsewhere or Prov l\d for the treatment of
wastewater generated by Its residents; and
/ f
WHEREAS, /th City of Iowa City is under mandate by the, Department of
Natural Resources of the Stale of Iowa to complete th\construction
i \ !
certain Improvements to its sanitary sewer system, including the rehabili-
tation of Iowa City's existing wastewater treatment plant, the construc-
tion of a new wastewater treatment plant and associated mains, and the
construction and Improvement of certain Interceptor sewers, Including the f
I
3 s�9
Benton Street Interceptor which carries a major portion of the wastewater
generated by University Heights' residents: and
WHEREAS, the parties hereto have been advised and do believe that It would
be in their mutual best Interests to modify and renew the existing
agreement for Iowa City's provision of water services to University
Heights, and to Initiate a new agreement with respect to Iowa City's
provision of sanitary sewer services to University Heights, all under a
\single, long-term agreement creating a unified water system and a unified
sanitary sewer system; and
WHEREAS, this Agreement has been entered Into by and between the parties,
pursuant
.\t Chapter 28E of the Iowa Code providing for the joint exercise
of municipal governmental powers in order to authorize Iowa City to
provide watef utility service and sanitary sewer service to University
Heights. \
NOW, THEREFORE, \1 considefation of the covenants and obligations herein
made and undertaken, the City of Iowa City (hereinafter 'Iowa City') and
the City of Univty Heights (hereinafter 'University Heights"),
hereinafter collective jy referred to as "the parties," do hereby agree as
follows:
Part I • Jo ht Exercise of Powers Under Chapter 28E of the Code of Iowa to
Establish a Unified Water Utility System and a Unified Sanitary Sewer
\
1. Pursuant to Chapter 28E of the198T\Code of Iowa, the parties do
/ hereby agree that the purpose of this Agreement is to jointly
exercise theta respective powers to finance, construct, own, and
operate certain public Improvements, to wit,\a rater utility system
/ for the generation and distribution of potabli\water to municipal
residents, and a sanitary sewer system for the collection and
treatment of wastewater generated by municipal residents.
2. The parties agree that the water generation and distribution
facll ltles located within their respective jurisdictions shall
3 ��
.a -
hereafter be operated as a single unified water utility system, as
provided in Part 11 hereof, and that the wastewater collection and
treatment facilities located within their respective Jurisdictions
shall hereafter be operated as a single unified sanitary sewer
system, as provided in Part III hereof.
1. The parties agree that the design, construction, operation, main-
tenance, and management of facilities comprising the unified water
utility system shall be Jointly financed by the residents of Iowa
City and University Heights through payment of uniform water use
rates and charges provided in Part II Is reof, and that the design,
instruction, operation, maintenance, nd management of facilities
cc rising the unified sanitary s wer system shall be Jointly
finan ed by the residents of Iowa ty and University Heights through
payment0f uniform sewer use rat s as provided in Part III hereof.
4. The Parties agree that the City Manager of the City of Iowa City
I
shall be des gnated as the administrator for purposes of this
Agreement, as p vided Section 28E.6 of the Code of Iowa, and that
the City Manager hal administer and manage the operation of both
the unified rater til tty system and the unified sanitary sewer.i
system.
5. The parties a ee that t is Agreement shall be effective upon itsI
I
execution by both parties, 'is filing with the Secretary of State,
i
and Its r cording in the J nson County Recorder's Office, as
providedbySection 28E.8 of th 1987 Code of Iowa, and It shall
remain In effect until termination b the parties, or either of them,
as here�fter provided In Part IV.
Part 11 -/Operation and funding of the Unified Iliter Utility System
1. Grant of Authority and Acceptance. The City 'of University Heights
does hereby grant unto the City of Iawa City the authority to operate
within the present or future corporate limits of University Heights a
! unified water utility system; to act as the agent of University
/ Heights in -the operation thereof for the generation, storage and
•S•
distribution of potable water to University Heights for consumption
by its residents; to maintain, operate, and extend, renew, remove and
replace Iowa City's existing water mains, pipes and other water
utility appurtenances and facilities within University Heights; to
acquire, own, maintain, operate, renew, remove and replace additional
plants and works and all necessary or desirable appurtenances thereto
used or useful In said water utility system; and to enter upon, into,
use and occupy the present and future streets, alleys, bridges, parks
and other (public places and ways within the present and any future
corporateItimits of University Heights for erect ng, constructing,
Installing,\Inaintaining, renewing, removing, '%placing, relocating,
repairing, ow,Ing and operating all necessary/facilities, including
pipes, mains, cc nduits and appurtenances and appendages thereto for
the production, c�op\eyance, storage, treatment, distribution, supply
and sale of water; `end to charge and collect rates and charges for j
water use and for \watermall if/sy services, all as hereinafter
provided.
\7 /
The City of Iowa City does h\reby, accept said grant of authority, and
hereby agrees to operatwater distribution system within
University Netghts az girt unified water utility system; to
generate Datable water and dis Ibute such water In University
Heights for consumption by its resld nts In accordance with all State
and federal requirements therefor; an to operate and administer the
said unified water utility system, i Ming the assessment and
collection of water use rates and wat utility charges, in a
prudent, fair, and uniform manner in Iowa City and in University
Heights, all as hereinafter provided.
2. Iowa City, agrees to generate water from wells and river Intakes In
Iowa City, to treat water at Its water treatment plant In love City
to make It suitable for human consumption, to store potable water for
the/use of residents of Iowa City and University Heights, and to
t?nsport potable water to University Heights and to distribute same
to residents of University Heights through Its system of water tanks,
pumps and mains. Iowa City agrees that In the operation of said
unified water utility system, It will produce potable water meeting
•6 -
all regulations and requirements of the Federal Enviromental Protec-
tion Agency (EDA) and Iowa Oepartment of Natural Resources (ONR)
applicable to the generation, treatment, storage, and distribution
thereof, and that it will generate, treat, store, transport, and
distribute potable water in quantities sufficient to serve residents
In both Iowa City and University Heights.
J. Iowa City does hereby agree to operate and maintain the potable water
generation, treatment, storage, pumping. transportation and distribu-
tion facilities owned by Iowa City and located in either Iowa City or
University��leights in a prudent, proper, and safe manner, and to
preserve and protect said facilities to and for the benefit of the
residents of \we City and University Heights. For purposes of this
provision, mint ante shall include,r utine maintenance, repair and
replacement of such facilities As determined necessary by the City of
Iowa City.
L. All excavations and ott work in connection with the opening and
closing of streets and /l�'raon
blic places by Iowa City shall be done
in + workmanlike manner Irdance with the practices established
by Iowa City in th� opeof the ores Hed water utility system.
slhanever Iowa Ct/ty is abolay any mains or pipes in streets or
other public places, it notify University Heights thereof and
University Heights shallh Iowa City with the grade of such
street or�ther public place, a d Iowa City shall lay its mains with
respect to such grade. If therea ter University Heights shall change
the grade of such street or other ub11c place, or otherwise make it
necessary to raise or lower any mains or hydrants Installed therein
by tow+ City, the cost thereof shall be,repaid by University Heights
/to low+ City. In all other cases, the cost of opening and closing
any streets or public places and repairing and repaving the same
shall be borne by Iowa City as part of the cost of operating the
unified water utility system.
5. University Heights hereby agrees to enact, simultaneously with Its
execution of this Agreement, Ordinance No. , establishing
j procedures and regulations for the Provision of water utility service
3 sF�
to its residents; establishing rates and Charges for water use by and
for water utility services to Its residents; establishing regulations
and procedures for the installation and maintenance of meters for the
measurement of water usage by University Heights residents and for
the billing of water rates and charges; and establishing regulations,
construction standards, and procedures far extensions and connections
to the water utility system in University Heights. University
Heights hereby authorizes Iowa City: (1) to act as its exclusive
dgin the enforcement of the regulations contained in said
Ordinance; (2) to act as Its exclusive agent in the determination of
all matters under said Ordinance requiring the exercise of Judgment
or disc etion in the operation and maintenance of said system,
including ll such discretionary determinations therein reserved to
the city council or city clerk of Univers i ty Heights, but excluding
the setting of rates and ch/fees
d (0) to act as Its exclusive
agent in the cold action of alcharges provided In Article
III of said Ordinance forration and maintenance of said
system. University\ Heights ato maintain said Ordinance in
effect until termiq+tto/hut greement; (2) not to amend or
modify said Ordinance\C1 tthe prior written consent of the City
Council of Iowa City /k1��d of the DNR; (3) to make such reasonable
amendments to said Ord Z. ce as may from time to time be suggested
and enacted by Iowa/City; and (4) to make amendments as required by
the EPA or
Iowa City accepts said authorize ion, and agrees to enforce and
administer Ordinance No. for and on behalf of University
Heights as its exclusive agent.
6. University Heights agrees that it will, pd suant to said Ordinance,
Impose the same water rates and charges upon its residents as are
presently reflected In Chapters 37 and 72.1 of the Code of Ordinances
of,[ a City of Iowa City and as are presently charged to residents of
owe City. University Heights hereby authorizes the City of Iowa
City to act as Its agent in the collection of said water rates and
charges, and to retain the moneys so collected In consideration for
Iowa City's provision of water utility service to the residents of
3 q-9
University Heights. University Heights acknowledges and agrees that
the Said water rates and charges presently In effect in Iowa City and
to be imposed in University Heights are fair and reasonable, and have
been calculated in an amount necessary to defray the operating costs
and capital costs of the unified water utility system, including the
retirement of the bonded indebtedness undertaken by Iowa City to
finance improvements to said system. University Heights acknowledges
and agrees that it is fair and appropriate for its residents to share
It e capital costs for said improvements inasmuch as University
H fights and its residents are part of said unified water utility
system and derive substantial benefit therefrom.
7. The parties agree that Iowa City shall operate and administer the
water utility system as an enterprise separate and distinct from all
other activ(tits of the City of Iowa City, and that the operation,
maintenance, and administration of the said water utility enterprise
shall be (undid solely from revenues generated from water rates and
charges Collette in Iowa City and University Heights pursuant to
this Agreement. The parties further agree that the following
categories of ex De ss\e shall be crag geable as costs of operation,
maintenance, and adm' nistrati on
the water utility enterprise:
(a) general management\an9/administration, including legal services;
(b) system me, ntenanc( co ts, Including but not limited to Inspec-
tion, routine �rtenanc , repair, and replacement;
(c) system opt'ating costs, inclIng but not limited to energy,
labor, aterlal s, services, an ee\pmentl
f
ancial administration, Includlpg accounting. billing,
collation, financial planning for Investments and capital debt;
and
(e) tort liability costs, including the costs of Insurance, defense
I
and settlement of claims and lawsuits, and tort judgments
resulting from operation of the unified water utility system.
I
j
f
i
I
3f?
S. The parties agree that Iowa City's water rates and charges shall be
subject to periodic review. University Heights acknowledges and
agrees that it may, during the term of this Agreement, be necessary
for Iowa City to (a) incur Indebtedness to construct other improve-
ments to the unified water utility system, Including portions thereof
located In University Heights, and (b) Increase the annual budget for
the unified water utility system in order to cover increased costs
for operation, maintenance, and administration.
University yergl,ts agrees that upon the occurrence of either of said
events, to`a City may propose an increase In the water rates and
charges applicable in both Iowa City and University Heights. Iowa
City shall give notice of such proposal to Univvarsity Heights prior
to formal consideration thereof by the Ci/anxplanation
til of Iowa City and
at least 90 days prior to the intended ee date thereof. Such
notification shall include cost data and of the need
or justification for the proposed inin water rates and
charges.
University Heights shall be required/,to enact an ordinance effecting
the same increase in waterrrates dd charges upon enactment of those
increases in water rates and chars by Iowa City, and to provide for
the same effective date f\r/said Increases as Iowa City, unless
University Heights notifies {owe City in writing within 60 days of
receipt of the notice, s h\\inabove provided, that It does not
intend to enact such an i4curease in\water rates and charges.
If University Heights/fails to enact such increase in water rates and
charges by ordinance effective simultaneously with that enacted by
Iowa City, University Heights shall PAY to lows City, from its
general fund of other appropriate city fund, the difference'between
the avenue generated under the water rates and charges in effect In
University Heights and the revenue which would have been generated
under theXncreased rates and charges enacted by Iowa City, plus a
10% surcharge upon said difference for the additional costs of
administration which will be incurred by Iowa City In calculating,
billing, and collecting water rates and charges under a dual -rate
301
-10 -
system. University Heights' obligation to pay said difference shall
commence upon the effective date of Iowa City's ordinance increasing water
rates and charges, and shall continue until the effective date of the
University Heights ordinance which enacts the increased rates and charges
enacted by Iowa City. Iowa City shall calculate and bill University
Heights for said differential payment bi-monthly on the basis of total
water consumption in University Heights during the preceding two-month
period. Total water consumption means the aggregate cubic foot total of
all water used by University Heights residents, as measured by meters
installed by the City of Iowa City. University Heights shall pay said
differe` tial payments to Iowa City bi-monthly within 'days of receipt
of the bill thereof.
University Heights agrees tha/resutSon,
City s unable to collect any
delinquent water service accouvers y Heights by discontinuance
of water servtce\\o such users,r ity Heights city council shall,
at Iowa City's request, adoptution, and the city clerk shall
certify, said delinq\uent amountagainst the properties and shall
file same with the Lunty audiversity Heights further agrees to
promptly forward to Idea Cityfor delinquent accounts recovered
by use of such lien pro eduuje. if University Heights declines to certify
such delinquent amounts d the county auditor as liens upon the properties
served, it shall pay s ch delinquent amounts to Iowa City within 60 days
of its decision not,to cer ify said amounts.
9. Iowa City agrees /in connection\\with all extensions of its mains to install
fire hydrants as npuested by Unt \rsity Heights provided that, unless Iowa
City expressly agrees otherwise, not more than one fire hydrant shall be
required to be installed an each four hundred feet of extension. X11 fire
hydrants hereafter installed shall be of six inch site, and shall meet the
then/existing standards of the City of Iowa City. University Heights
,great to pay low, City as full compensation for the use of each existing
,lid future fire hydrant now or hereinafter installed by Iowa City so long
as the same remains in use, and as full compensation for any water used
by University Heights from any such hydrant for fire protection or fire
prevention,
3 �9
11 -
the sum of S50.00 per year for each such fire hydrant, said payment
to be paid in two equal semi-annual Installments on the first day of
May and on the first day of November In each year. Ouring the terms
of this contract, University Heights, or its contract agent for the
provision of fire protection service, shall at all times have full
and unobstructed use of fire hydrants now or hereinafter installed by
Iowa City, but only for fire protection or fire prevention purposes.
Iowa City agrees to periodically inspect and operate said hydrants to
determine if hey are operating properly. University Heights agrees
that it shall also periodically Inspect said fire h/ydnts and notify
Iowa C(ty of any damaged, defective qr inoperativeants.
10. Iowa City agrees at all times to defend indemnify, and hold
University Heights harmless from all liabilf y, loss, cast, damage or
expense res Ring from the opening or osing of streets or other
public place by Iowa City as well as f om the presence of Its water
mains or othe water utility facil ies in such streets and public
places and from the manner of oper tion and maintenance by Iowa City
of its said m ins and other facilities. Iowa City shall at all
times, subject to he capacit of its plant and facilities, endeavor
to furnish an a quate and uninterrupted supply of water to
University Heights a d is inhabitants and to maintain pressure
required for fire Prot ction and prevention; provided, however, that
Iowa City shad not h�li Dle for any interruption of service or
failure of pressure or upply of water due to accident or causes
beyond the re+savable contro of Iowa City, and no such interruption
shall constitute a breach of his Contract provided Iowa City shall
use due diligence to restore ser Ice within a reasonable time.
Part III - Ope/ tion and Funding of the ified Sanitary Sewer System
1. Grant of Authority and Acceptance. T IS City of University Heights
does hereby grant unto the City of Iowa City the authority to operate
L
a unified sanitary sewer system in University Heights, to act as the
agent of University Heights In the operation thereof for the collec-
tion and treatment of wastewater generated in University Heights or
by its residents, to provide sanitary sewer maintenance services
•12 -
within University Heights. to enter upon city streets and into City
facilities In University Heights for purposes of maintenance,
operation, and administration of said unified sanitary sewer system,
and to charge and collect rates and charges for sewer use and for
sewer services, all as hereinafter provided.
The City of Iowa City does hereby accept said grant of authority, and
hereby agrees to operate the sanitary sewer system within University
Heights as part of a unified sanitary sewer system, to collect and
accept wastewater generated in University Heights or by its
resi nts, to transport such wastewater to and provide treatment
thereo at Iowa City's wastewater treatment plant or plants In
accordant with all State and Federal requirements therefor, and to
operate and administer the said unified sanitary sewe system,
including th\aassessment and collection of sewer use ra s and sewer
service charges) In a prudent, fair, and un/prided.
er in Iowa City
and in Universit\ma'
ts, all as hereinafte
2. Iowa City agreereceive and ecce t wastewater generated by
University Heigsilents, and collected In University Heights
sanitary sewers,manholes situated on or near the common
boundaries of Iy and University Heights, which manholes are
identified on thma � attached hereto as ExhlDit A, Said
manholes shall erbe onsidered As the points of interconnec-
tion between they sewe systems of Iowa City and University
Heights, and shused to d ine the respective jurisdictions of
the parties for/s of this Ag eement.
7. Iowa City' agrees to collect wastew ter generated In University
Heights/at the said points of inter nnection, and to thereafter
trraans ort said wastewater through its s tem of sanitary sewers,
wins, and interceptors for treatment a Iowa City's wastewater
treatment plant or plants, now existing or he\ alter constructed.
e. Iowa City agrees that the wastewater treatment provided shall meet
all present and future requirements Imposed on Iowa City by the
Federal Environmental Protection Agency (hereinafter "EPA") or the
-18 -
law& Department of Natural Resources (hereinafter "DNR") for all
wastewater generated by the residents and originating within the
corporate limits of University Heights. In performance of this
requirement, the parties acknowledge and agree that Iowa City is
presently under mandate by the Iowa Department of Natural Resources
to complete the plan of wastewater collection and treatment
improvements Identified in Exhibit B. It is further acknowledged and
agreed that as part of said plan of improvements, Iowa City has
procured the design, and DNR approval of the design, for the Benton
Street Sanitary Interceptor Sewer Project, which project involves the
reconstruction of a major sewer serving University Heights. It is
further acknowledged and agreed that Iowa City has sold $18.95
1,Ilion of its sewer revenue bonds to finan a the construction of
said plan of improvements, including th Banton Street Sanitary
Interceptor Sewer Project, and that Iowa Ity is under DNR mandate to
award a bid and commence construction on said project by Yarch 15,
1989.
In cons ideratiof the venants and obligations herein made and
undertaken by Uni ersity ights, Iowa City does hereby agree to
acquire the me ary properties and property interests and to
complete the constru ion of said plan of improvements, including the
Benton Street S ita Interceptor Sewer Project, to and for the
mutual benefit Univer ity Heights and Iowa City and as mandated by
the DHA.
S. Iowa Cl,ty does hereby agreto operate and maintain the sanitary
/benefit
`/wastewater collection) ped wastewater treatment facilities
Id in or owned by Iowa C(ty 1n a Drudent. proper, and safe
, and to preserve and protect \1riid facilities to and for the
o/ the residents of Iowa Citysend University Heights. For
es of this provision, maintenance shall include routine
maintenance, repair and replacement of such facilities as determined
necessary by the City of Iowa City.
6. Iowa City does hereby agree to operate and provide routine main-
tenance services for sanitary sewer (wastewater collection) facili-
3 V-1
8
-la -
ties owned by and located in University Heights, as hereafter
provided. For purposes of this provision, routine maintenance means
and includes periodic inspection of sanitary sewer manholes to
determine if said sewers are operating properly, and periodic
-jetting- or "rodding" of sanitary sewers, either according to a
predetermined schedule established pursuant to Iowa City's sewer
administration policy, or as determined necessary pursuant to citizen
complaints or requests. Routine maintenance does not mean or include
the repair or replacement of sanitary sewers located in, owned by, or
under the jurisdiction of University Heights.
The partiesagree that University He ghts shall retain primary
responsibility., for the inspection of it( sanitary sewers to determine
w
the structural condition and de gn adequacy thereof, and for the
repair and replacement of defec ve or improperly designed sanitary
sewers located In, owned by, or under the jurisdiction of University
Heights. University neigh or/
agrees to maintain its sanitary sewers
system in accordance/\w} th all applicable State of Iowa and Federal
regulations, andin a" rel\ nably good condition permitting safe and
I
efficient operat thereof. For purposes of this provision, i
sanitary sewer which real ire routine maintenance (rodding or !
jetting) more than semi-.ont\hy in order to function properly shall
be considfid substandard and in need of repair or replacement.
Iowa/City agrees that it will repgrt to University Heights such
defective structural conditions or in roper design as its agents or
mDloyees may observe in the ordinary cc rse of their performance of
Iowa City's operation and routine mainten nce obligations; provided,
�
however, that Iowa C1 tyis not hereby under t.klnq to provide Dro(es•
slonal engineering or inspection services to\ etermine the structural
/ condition or design ado awcy of sanitary seers located In, owned 6y,
or under the jurisdiction of University Heights.'
7. University Heights hereby releases and agrees to defend, indemnify,
i
and hold harmless the City Of Iowa City, its officers, agents, and
employees from and against any end all claims, suits, actions, debts,
I
damages, costs, charges and expenses, including court costs and
V �'
.is -
attorney fees, and against all liability, losses, and damages of any
nature arising from the defective condition or inadequate design of
University Heights' sanitary sewer system, or arising from the
failure of Iowa City, its officers, agents, or employees to discover
such defective condition or inadequate design during the course of
operation and routine maintenance by Iowa City, but excluding such
defects or other conditions, caused by the operation and routine
maintenance activities of Iowa City, which result in damage to the
person or property of residents of University Heights or other third
lties to this Agreement. University Heights further releases and
ag ees to defend, indemnify, and hold harmless the City of Iowa City,
its ficers, agents, and employees, fromm liability for damage to
Univer\s�ty Heights' sanitary sewer systfm occurring during the course
of or as\ result of Iowa City's D formance of operation and routine
maintenance activities thereo , and for consequential damages to
other property, structures or facilities mored by University
Heights, unless it /Ssown that such damage was occasioned by the
sole negligence o lty, its officers, agents and employees,and
did not In any way from the defective condition or inadequate
design of Univers ty eights' sanitary sewer system. This provision
still have no fo/rce an affect as to those portions of the University.,,
Heights saryft/ary sewer system hereafter accepted by Iowa City
pursuant jo paragraph 8. i;,
8. Darag aphs 6 and 7 to the con rary notwithstanding, Iowa City hereby
agr es to accept resDonsi bil y for the inspection, repair and
r placement of the University \tion
tary sewer system and to
�ecept responsibility for its nd design, as hereafterprovided. Iowa City agrees to diction of the University
Heights sanitary sewer upon compthe following terms and
conditions:
(a) University Heights shall cause its City Engineer to undertake a
survey of the University Heights sanitary sewer system to
determine the following:
(1) All locations on each sanitary sewer win where sanitary
sewer manholes are more than 400 feet apart (substandard
sewer design); {
t
3�9
.16-
(2) All locations where there Is no manhole on the upstream end
of a sanitary sewer main (substandard sewer design);
(1) All locations where sanitary sewer mains are of less than
8' in diameter (substandard sewer design);
(A) All locations where sanitary sewer mains are constructed of
either nonreinforced concrete or "Orangeburg" pipe
`\\ (substandard materials);
\ (5) The condition of each manhole, including the lid, ring,
walls, and bottoms, and the design -'and materials used in
walls,
construction of each manhole;
(6) All locations at which a Saan Cary sewer service drop into A
sanj Lary sewer manhole f in excess of 2 feet above the
bott of the manhole' and
(1) All I tions a which storm sewer inlets are cnnnected to
a sanit sewyr, or at which there is a cross connection
betwten a tddrrm sewer and the sanitary sewer system.
In making saidSurue , the University Heights City Engineer shall
review all appropriate p ats and subdivision documents relating to
the University/ Heights s nitary sewer system, shall conduct a
/ r
physical inspection of each anitary sewer manhole in University
Heights, apd shall, where recess ry, ascertain construction materials II
used in c'nstructing sewers by cont t with the developers, plumbers,
or cont �ctors who constructed or m\iiTln said sewers in University —
Heights. ,\
(b) �o�completion of said survey, the University Heights City Engineer
shall prepare + report detailing all locations and conditions is
provided in (a) above, and shall prepare maps or plats of the entire
University Heights sanitary sewer system, showing the location of all
sewer mainsacing between same, and all cross
, ail manholes and Cha sp
1
i
3�9
-IT -
connections between storm sewer inlets or storm sewers and the
sanitary sewer system, The University Heights City Engineer shall
promptly deliver the completed report and said maps Or Plats to the
Iowa City Public Works Director.
(c) Upon approval and acceptance of said report and said maps or plats by
Iowa City's public Works Director, the City Council of University
Heights shall by resolution approve and accept said report and said
maps or Plats. Upon the adoption of said resolution, the University
Heights sanitary sewer system shall be deemed accepted by Iowa City
for pLrposes of this Agreement.
9. Upon low, City's acceptance of Universi Heights' sanitary sewer
system, Iowa City shall thereafter oper/aj6 and maintain the sanitary
sewer (wastewater collection) system located in and owned by
University Heights in a prudent, roper, and safe manner, and shall
preserve and pro\ect said 3 stem to and for the benefit of the
residents of University He��ightts, except as hereinafter provided. For
purposes of this pro`i )dn, operation and maintenance shall mean and
include routine maintenance (as defined in paragraph 6 above),
repair, and replacement of such facilities as determined necessary by
the City of Iowa Ity. Iowa City further agrees that upon its
acceptance of the Univer t\ we
Heights sanitary sewer system it will
thereafter:
(a) acgept responsibility for the continuing operating condition,
z ructus. Integrity and d sign adequacy of said system,
periodically inspect said sy�tem to determine the necessity for
repair or replacement and to ,assure the adequacy thereof in
accordance with Iowa City's sewer administration policy,
(c) secure the design and construction of improvements necessary to
assure the proper function and design of said system, and
(d) finance the Construction of such improvements from sewer
revenues generated as hereafter Provided.
i
3�9 ,
The parties agree that the NabiI ity. repair and rep l agement Obiiga-
Clans undertaken by Iowa City pursuant to this paragraph shall not
apply to those portions of the University Heights sanitary sewer
system exhibiting either substandard sewer design or constructed of
substandard materials, as per paragraph B(a) above, regardless
whether those substandard conditions are identified in the report of
the University Heights City Engineer pursuant to paragraph B(b), or
are thereafter discovered.
UrQverslty Heights further agrees that it will, within one year of
it ss a ecu tion of this Agreement, undertake a project to provide for
the con t\ruct ion of as many additional manholes�as are necessary (1)
so that �e,(�hole spacing throughout its santtary sewer system shall
not exceed 40feet, and (2) so that the aZill be a manhole on the
upstream and of'tach sewer main.
10. University Heights+grees the / it will not allow extensions or
connections to Its SanCary se er system without the prior consent of
the city manager of .t a 0 rt". Until acceptance of said system by
Iowa City. University fights she 11 process all such proposed
expansions, extension�nd connections for Its review and approval
and for review and approval b Iowa City, and shall inspect the work
done In connection therewith. Upon Iowa City's acceptance of said
system, Iowa City shall act as he agent of University Heights in
procassi ng �il such or r review and approval, and in
inspacting,the work done in Corn
ectl n therewith.
11. Exce�ps�fcr unavoidable and unintentional infiltration and Inflow, and
efllSting crass-connections, University eights agrees not to here-
I,ter permit storm water to enter the UnIersity Heights sanitary
sewer system, and further agrees not to hereafter permit the Cannot-
tion of its storm sewer Inlets to Its sanitary sewer system, or to
permit any cross-connections between its storm sewer system and Its
sanitary sewer system.
3 �9
-19-
12. University Heights agrees to enact, simultaneously with its execution
of this Agreement, Ordinance No. establishing
procedures and regulations for the provision of sanitary sewer
service to its residents; establishing regulations regarding the use
of sanitary sewers, the strength and content of wastewater and
effluents discharged thereto, and the necessity for pre-treatment
facilities; establishing rates and charges for sewer use by and for
sewer services provided to its residents; and establishing regula-
tions, construction standards and procedures for extensions and
connections to its sanitary sewer system.
Universit�i, Heights hereby authorizes Iowa City: (1) to act as its
exclusive agnt in the enforcement of the regulations contained in
said Ordina' (2) to act as its exclusive agent the deter-
mination of all matters under said Ordinance reoul ris9 the exercise
of judgment or dtsc\etion In the operation an maintenance of said
system, including all such discretionary determinations therein
reserved to the cit\\ council, city erk, or city engineer of
University Heights, but evclud Ing the etting of rates and charges;
\ i
and (3) to act as its ex5\lusive�a ent In the collection of all fees
and charges provided in Article III of said Ordinance for the
operation and maintenance of/�aid system
University Heights agrees (1) o maintain said Ordinance In effect
until termination of this Agreeme t; (2) not to amend or modify said
Ordinance wlthau the Drtor writ n consent of the City Council of
Iowa City arid f the ONA; (3) to ma a such reasonable amendments to
said Ordinance as may from time to me be suggested and enacted by
Iowa City: and (A) to make amendments a required by the EPA or the
Iowa City accepts said authorization, and agrees to enforce and
administer Ordinance No. for and on behalf of
University Heights as its exclusive agent.
13. University Heights agrees that it will, pursuant to said Ordinance, '
i
impose the same sewer rates and charges upon its residents as are
(
3�F�
-20 -
presently reflected in Chapters 33 and 32.1 of the Code of Ordinances
of the City of Iowa City and as are presently charged to residents of
Iowa City. University Heights hereby authorizes the City of Iowa
City to act as its agent in the collection of said sewer rates and
charges, and to retain the moneys so collected in consideration for
Iowa City's provision of sanitary sewer service to the residents of
University Heights. University Heights acknowledges and agrees that
the said sewer rates and charges presently in effect in Iowa City and
to be imposed in University Heights are fair and reasonable, and have
been c\1nas
ed in an amount necessary to defray the operating costs
and caosts of the unified sanitary sewer system, including the
retirethe banded Indebtedness undertaken by Iowa City to
financplan of improvements set forth in Exhibit
8 University
Heightledges and agrees that it is fair /a9d appropriate for
its reo share in the said capital codts for said Dian of
improvInas uch as University Heights Ind its residents are
part o un fied sanitary sewer sy em and derive substantial
Oene/ICrom.
la. The parties agree that Iowa Cit r shall operate and administer the
united sanitary sewer s tem s an enterprise separate and distinct
from all other activities f [he City of Iowa City, and that the
it
operation, maI fatenca, administration of said system shall be
funded spiel from rev. ues
y generated from sewer rates and charges � I:
collected in Iowa it, and\niverstty Heights pursuant to this
Agreement. The patties further agree that the following categoriesii
of expense she l/be chargeable as\ costs of operation, maintenance, �1
and administration of the unified sapItary sewer system:
(a) genizmanagement and administration, including legal services;
(b) /system maintenance costs, Including hLt not limited to inspec-
tion, routine maintenance, repair and replacement;
(c) system operating costs, including but i�ot limited to energy,
labor, materials, services, and equipment; 1
{
3VI
-21-
(d) financial administration, including accounting, billing,
collection, financial planning for investments and capital debt;
(e) tort liability costs, including the costs of insurance, defense
and settlement of claims and lawsuits, and tort judgments
resulting from operation of the unified water utility system.
15. The parties agree that Iowa City's sewer rates and charges shall be
subj ct to periodic review. University Heights acknowledges and
agree that it may, during the term of this Agreement, be necessary
for to City to (a) incur further indebtedness to complete the
construc ion of the Plan of Improvements set forth In Exhibit B, (b)
incur Indebtedness to construct other improvements to the unified
sanitary sewer system, including portions thereof located In
University H\}ghts If and when said system is accepUA by Iowa City
pursuant to p ragraph B, and (c) increase the an al budget for the
unified sanitary\sewer system In order to cover increased costs for
operation, maintenance, and administration.
University Heights agrees that upon Ka occurrence of any of said
events, Iowa City may \propose an /1 kreasa in the sewer rates and
charges applicable I both to/qi City and University Heights. Iowa
City shall give notice f su If proposal to University Heights prior
to formal consideratt0 t ereof by the City Council of Iowa City and
at least 90 days prior to the intended effective date thereof. Such
notificatipn shallIncludf\cost data and an explanation of the need
or justifiutlp for the\ proposed increase to sewer rates and
charges. / \
Univer ity Heights shall be riquired to enact an ordinance affecting
th s+me lncrease 1n sewer rate\and charge upon enactment of those
i creases in sewer rates and charges by Iowa City, and to provide for
the same effective date for said, Increases as Iowa City, unless
University Heights notifies Iowa City In writing within 60 days of
receipt of the notice, as hereinabove provided, that it does not
Intend to enact an Increase In sewer rates and charges. i
309
-22-
If University Heights falls to enact such Increase In sewer rates and
charges by ordinance effective simultaneously with that enacted by Iowa
City, University Heights shall pay to Iowa City, from its general fund or
other appropriate city fund, the difference between the revenue generated
under the sewer rates and charges in effect in University Heights and the
revenue which would have been generated under the Increased rates and
charges enacted by Iowa City plus a 10% surcharge upon said difference for
the additional costs of administration which will be/incurred by Iowa City
in Calc lating, billing, and collecting sewer /r t/as and charges under a
dual -rate system. University Heights' oblige ion to pay said difference
shall coamenc upon the effective date of Io a City's ordinance increasing
sewer rates and charges, and shall Conti ue until the effective date of
the University Neghts ordinance whit enacts the increased rates and
charges enacted by Iowa City. Iowa City shall calculate and bill
University Heights for\aid differ(tial payment bi-monthly on the basis
of total water consumption In University Heights during the preceding two-
month period. Totalwater c'onsum/p Cion means the aggregate cubic foot total
of all water used by University Heights residents, as measured by meters
installed by the City of Iowa City. University Heights shall pay said
differential payments to Iowa City\onthly within 3D days of receipt of
the bill therefore. /
University Heights agrees that if Iowa'City is unable to collect any
delinquent sewer service accounts in Universty Heights by discontinuance
r
of water and/or sewer service to such users, he University Heights city
council shall, at Iowa City's request, adopt by solution, and the city
clerk shall certi{y, said delinquent amounts \cs liens against the
properties served �nd shall file same with the county auditor. University
Heights further agrees to promptly forward to low City any moneys for
deltnqumt ac is recovered by use of such lien procedure. If University
Heights declines to certify such delinquent amounts to the county auditor
as liens upon the properties served, it shall pay such delinquent amounts
to Iowa City within 6D days of its decision not to certify said amounts.
_N_
a
I
3sF9
.20-
15. University Heights agrees that before any new or existing industrial
user, or process, or business, whose sewage exceeds or might exceed
the normal domestic wastewater strength as defined herein, and whose
total discharge into the sanitary sewer system equals or exceeds
50,0o0 gallons per day, may be connected to the University Heights
sanitary sewer system, Iowa City's consent to said connection must be
obtained. Owa City shall not withhold such consent unreasonably.
Prior to 4onstruction of any new Industry ori ajar remodeling of an
existing fa\Q\ility, University Heights shall require said industry to
submit Its plans and specifications for/its pre-treatment and
samDl Ing faci\idpecifications
es to Iowa City for review. There shall accompany
said plans anthe in bstry's estimate of the volume
and strength of Industrial wastewater. The estimate shall list
suspended solids, BAD., grease /and any other significant organic or
Inorganic material •h ich will bL contained in the industry's waste-
water discharge. The\ aid plans and specifications shall be approved
or disapproved within t irty (00) days from the receipt of all the
Information listed abO . The said industries shall not he required
to provide more pro-/t/u ant than Is required by applicable Federal
law, rules and regu�ttons of Iowa City ordinances.
In the event f disagreemept by the parties as to the strength and
flaw of sew a from any Indus\' rial user, there shall be a sampling of
the waste Ater on the basis f a 24-hour composite sample which may
be verl led by a three (o) d Y sample using in automatic sampling
devi/5 approved by Iowa City. Iowa City shall prescribe the minimum
fat for the cost of treatment f any, to be charged such user;
p ovided, however, that said 1fees for treatment to be charged to
/industrial users In University Hei1ghts shall be no less than the
treatment fees charged by Iowa Cliy to similar users located in Iowa
City, and provided that standards of use applied to said user by Iowa
City shall be no different than the standards applied by Iowa City to
similar users located in Iowa City. Such industrial users shall also
be subject to any special conditions of the Federal Government that
apply to an industrial user of Iowa City's wastewater facilities;
State or Federal guidelines for cost allocation, including capital,
43 VO
-2a -
operational and replacement costs; and guidelines or rules that may
be established by Iowa City relative to industrial users, provided
said guidelines are applied uniformly within the two cities,
17. All wastes other than domestic wastewater originating in University
Heights shall be in compliance with all applicable pre-treatment
regglrements of the United States Environmental Protection Agency and
[h� Iowa Department of Natural Resources and the City of Iowa City.
Suc pre-treatment requirements may include, but are not limited to,
oils toxic metals, biocides, dissolved salts, acids, and alkalies or
any ofQ\er materials that may violate applicable sludge disposal,
stream, or effluent standards. University Heights agrees that, in
the evenq the content of the wastewater received from University
Heights ex Beds normal dom/entthat
rength wastewater and such excesses
cannot be t aced to the sosources, University Heights shall
construct s ch pre-treatcilities that will result in a
discharge of ormal domestgth wastewater if requested by Iowa
i
City to do so In the a such pre-treatment facilities are
not under const uction thin six (b) months after written notice by
Iowa City and c D1e�G d within of ghteen (18) months thereafter, Iowa
City shall have t e Fight to charge University Heights residents on
the same basis as ignificant industrial users.
Any materia/tlhts
Ich to Id damage the sanitary sewers,, lift stations or
the waste,treatm nt Plant process shall be prohibited, and
Unlversitshe 1 be responsible for the expense of any and
all repoArs occasioned to reby. The sampling of the sewage shall be
on the Buis of a 24-hour omposite sample which may be verified by a
three 43) day sample using owe City's sampling device. University
Heights agrees to permit I a City to Install a sampling device to
collect necessary samples upon prior notification.
law& City shall be responsible `for the enforcement of such pre-
treatment regulations In University Heights from and after its
acceptance of the University Heights sanitary sewer system as
provided in paragraph B above, and may thereafter require users in
University Heights to install pre-treatment facilities as provided by
30?
-25 -
applicable regulations of the EPA, ORR. and/or City of Iowa City.
University Heights agrees to enact ordinances as necessary to allow
enforcement by Iowa City of said regulations in University Heights.
19. Iowa City and University Heights agree to adopt all necessary
ordinances and such other additional rules and regulations as may be
rrth,
d by the EPA or the DHA for the proper control and operation
ounified sanitary sewer system, Including wastewater treatment
facilities. Such ordinances shall also establish rates and charges
fl1 residential and industrial users which are In accordance with
+ppllcable Federal guidelines. In addition, such ordinances (and
additional rules and regulations as may be necessary) shall control
the c\r(Structipn, operation and maintenance of the sanitary sewers
and treatment facilities so they will meet or exceed EDA and DNR
guidelines.
20. There shall �e a mutual /ta
( facilities mentioned in this
agreement at a time eithrequest such inspection. If,
as a result of �spch inspecdetermined by either party that
there is a discrepancy d this discrepancy cannot be
resolved by the p\rties, discrepancy or dispute shall be
resolved as provided\nParaph 2.
Part IV - General Provisi
1. Term of
This Agreement, and Iowa City's deligation to provide water utility
service and sanitary sewer serviip\a to University Heights as herein
provid�ed/ shall Carminate on Janu ry 1, 2019, unless renewed as
provl Aed in paragraph 4. 1
Resolution - Arbitration.
The parties agree that any dispute arising between them In the
application or Interpretation of this Agreement may by mutual
agreement be submitted to arbitration. Any request for arbitration
i
301
-26 -
from one party to the other must be in writing. Upon agreement to
suWt to arbitration, the parties shall sign and acknowledge a
written agreement specifying which issues are to be submitted to the
arbitrate and the arbitration proceeding shall be limited to such
issues.Arbitration shall be binding only if so agreed by the
parties n advance thereof. Arbitration shall be conducted as
follows:
(a) If the panties agree, there may be one arbitrator; otherwise
there shall be three, one named to writing by each party to this
Contract and he third chosen by these two arbitrators.
if they fail to elect a third within fifpaen days, then such
arbitrator shall a chosen by the presidi?officer of the state
or county bar asap Inti on nearest to th location of the work.
Should the Darty requesting arbit ation fail to name an
arbitrator within to days of Its de and, its right to arbitra-
tion shall lapse. Should the other party fail to choose an
arbitrator within the s id ten d ys, then such presiding officer
shall appoint such arbi rotor Should either party refuse or
neglect to supply the orb tr tors with any papers or information
demanded In writing, t arbitrators are empowered by both
parties to proceed ea pq te.
(b) No one shall bequa Iliad to pct as an arbitrator for whom
serving in such A role wau l\li\acreate a conflict of interest.
Each arbitrator selected shall a qualified by experience and
knowledge of the work Involved in\he matter to be submitted to
(c) If theY be one arbitrator, the aw \d shall be binding; 1f
three', ;the award of any two shall \\e binding and may be
Is
lathed only for fraud or mistake. Such award shall be a
condition precedent to any right of legal action.
(d) The arbitrators, 1f they deem that the case demands it, are
authorized to award to the party whose contention is sustained
-2T -
such sums as they deem proper for the time, expanse and trouble
incident to the arbitration and, if the arbitration was taken
without reasonable cause, damages for delay.
The costs of arbitration shall be shared equally by the parties.
The award of the arbitrators shall be in writing and it shall
not be open to the objection on account of the fom of the
proceeding or the award.
0. Declaratign of Default and Notice; Remedies Upon Default.
In the eve tt that either party determines that the other has
defaulted in the performance of its obligations he @under, the
aggrieved party Inay declare that default has occurred nd give notice
thereof to the dee aulting party. Notice of defaul shall be given in
writing, shall spe ify the nature of the defaul and the provision of
the Agreement involv'd, and shall specify wh action 1s required of
the defaulting party\F\o correct the de ault. The defaulting party
shall have 70 days fro ry the date of Its receipt of the notice of
default to correct the \\\ddd fault. at the end of said 70 -day period
the default has not, in th op ion of the aggrieved party, been
corrected, that party me thereupon pursue all lawful remedies,
including but not lFht�h
to, an action to declare the termination of
this Agreement, an for s ecific performance thereof, an action
for damages for brpereof, ran action for alternative relief.
4. Renewal. Th Agreement shall au omatically renew for additional
periods o ten years, unless aithe party shall give notice to the
0therrv/m the form of a written resol tion of the city council, of
its decision to terminate the Agra ent on the tomination date.
Zuch notice shall not be effective unl\ s delivered to the other
party at least I80 days prior to the termination date.
S. Effect of Termination or Non -Renewal. In the event that this
agreement is terminated as provided In paragraph 7 above or In the
event that this Agreement Is not renewed as provided in paragraph 4
I
-28 -
above, the parties agree that Iowa City shall be obligated to provide
water utility service and sanitary sewer service, as herein provided
in parts II and 111, for not more than two years after termination
occurs or is judicially declared, during which time University
Heights shall be required (1) to enact or continue in effect the same
rates and charges for such services as are in effect in Iowa City,
and to authorize Iowa City to collect those rates and charges from
University Heights residents, and (2) to enact or continue in effect
pre-tr�4tment ordinances and to authorize Iowa City to enforce same
in University Heights. During said two-year period, Iowa City shall
be required\!o perform only routine maintenance an said systems, and
University Heigh s shall be responsible for/all repair and
replacement thereof.
Thereafter, (a) Iowa k\t Vhtitled
be entitled t cap its water distri-
bution mains in Unlver' Heights; (b) Un ersity Heights shall not
make use of any of suchains unle and until It has completed
the purchase of the aater di ribution system in University
Heights from Iowa Ciich rchase shall be completed in
accordance with the Drs o Section 472.46 of the 1987 Code of
Iowa; (c) Iowa City shantitled to plug sanitary sewers from
University Heights at is of interconnection shown on Exhibit
A; and (d) Uni wrslty Hs all assume jurisdiction and control
of the sanitary sewer system in \University Heights and all respon-
sibility for the treatment of wastewater generated in University
Heights.
6. For purpose�of this Agreement, the To lowing terms shall have the
following meanings:
(1) -Normal Strength Domestic Wastewater" me s sewage which has no
jmore than 750 parts Der million of s spended solids and the
/five-day 8.0.0. does not exceed 300 Darts. per motion. The
grease content shall not exceed 700 Darts per million.
(2) 'Significant Industrial User' means any person, firm, or
corporation owning, and Includes the occupants of, any land,
i
-29 -
parcel of real estate or buildings where waste is produced which
is discharged into the sewer system and which:
(a) Has an Industrial waste discharge of fifty (50) thousand
gallons of eouivalent normal domestic waste, or
(b) Has an industrial waste discharge greater than 5% of the
flow to the treatment plant,
(c) Has, In Its waste, a toxic pollutant in amounts as defined
in standards issued under Section 307 of the Federal Water
\ pollution Control Act Amendments of 1972, or /'
(d) )y found by Iowa City or the DWR to have significant
impact, either singularly or in c bination with other
cont\tbuting indus/ndustrial
eir eatment works or upon
the Rua\andignificant
ffhe reatment works.
(3) "Sewer Use"one and Includes residential
contributorsrial users, as defined in
Chapter 33 odes of the City of Iowa City,
or successorns
7. References herein to pWtic
government shall/I,,.Ir
an
References to Par or
Provisions of
he Code of
mean and include successor I
or agencies of the Federal or State
Include the successor agencies thereof.
1 tons of the Iowa Code or to particular
rd ,anus of the City of Iowa City shall
rvis ons thereof.
D. This Agreement, upon Its effective to, replaces and hereby voids
and, nullifies any previous agreementoverning Iowa City's provision
of water utility service and sanitary sewer service to University
Heights.
9. If, for any reason, any part of this Agreement Is held unconstitu-
tional, illegal or void, said decision shall not affect the validity
of the remaining portions of this Agreement.
Dated this day of
Attest:
-30 -
STATE OF IOWA )
SS:
JOHNSON COUNTY )
On this day f
of Iowa, personal y app\e rad Jol
personally known, and who, b2tng by
the Mayor and City Clerk, rekpect
that the seal affixed to the fo eg
the corporation, and that the i s
of the corporation, by authorit of
Ordinance No. passe
Council, under Rol Ca 1 No.
day of
THE CITY OF IOWA CITY, IOWA
1989.
John McDonald, Mayor
0
19 , before me,
a N ary Pub is in and Tor the State
n Donald and in
K. Karr, to me
duly sworn, did say that they are
yely, of the City of Iowa City, Iowa;
ng instrument is the corporate seal of
rument was signed and sealed on behalf
its City Council, as contained in
(the Resolution adopted) by the City
\ of the City Council on the
19 , and that John
McDonald and Marian K. Karr acknow edged the execution of the instrument
to be their voluntary pact and deed and the voluntary act and deed of the
corooration. by it voluntarily executed. \
y YuDnc In
Dated this day of
THE CITY OF UNI
, 1989.
HEIGHTS, IOWA
, Mayor
Attest:
Lloyd Knowler, City Clerk
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JYLAJ l''. BAXTER
SF:Cn1'M%R 01••STATH March 6, 1989
Marian K. Karr, CMC
City Clerk
City of Iowa City
Civic Center, 410 E. Washington St.
Iowa City, IA 52240
RE: Unified Water and Sanitary Sewer Systems Agreement
between the City of Iowa City, Johnson County and
the City of University Heights
Dear Ms. Karr:
We have received the above described agreement(s) which
you submitted to this office for filing, pursuant to the
provisions of Chapter 28E, 1987 Code of Iowa.
EB/kl
You may consider the same filed as of March 6, 1989.
aa
r
Secretary of State
FILED
MAR 9 1989
M CIITY CAN LERK ARR
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7
RESOLUTION N0. 89-44
RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE AN AMENDED OFFER TO
PURCHASE FOR PARCEL SISC.08, ALL IN CONNECTION WITH THE SOUTHEAST
INTERCEPTOR/SNYDER CREEK SEGMENT SEWER PROJECT.
WHEREAS, pursuant to Resolution No. 88-256, adopted December 13, 1988, this City
Council did authorize the acquisition of certain easements and property
interests in conjunction with the Southeast Interceptor/Snyder Creek Segment
Sewer Project; and
WHEREAS, due to the redesign of the Southeast Interceptor Sewer crossing beneath
First Avenue, the location of the permanent sanitary sewer easement and the
temporary construction easement on Parcel SISC.08, Goodwill Industries, was
changed, thereby increasing the area of said easements and the resulting damages
to the property owner; and
WHEREAS, the City's primary appraiser for said project has determined that the
compensation for said easements should be increased from $5,000.00 to $5,400.00,
in recognition of the increased area affected thereby.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, that the City Manager is hereby authorized to increase the
City's offer for the acquisition of said easements over Parcel No. SISC.08 to
$5,400.00.
AND BE IT FURTHER RESOLVED that in the event said easements cannot be acquired
at the appraised value indicated above, the City Attorney be and he is hereby
authorized and directed to initiate condemnation proceedings for the acquisition
of said easements.
It was moved by Balmer and seconded by Larson the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
R Larson
X McDonald
Passed and approved this 28th day of February , 1989.
ATTEST:_
CITY CLERK
4570
of
PRECEDING
DOCUMENT
.9
RESOLUTION NO. 89-44
RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE AN AMENDED OFFER TO
PURCHASE FOR PARCEL SISC.08, ALL IN CONNECTION WITH THE SOUTHEAST
INTERCEPTOR/SNYDER CREEK SEGMENT SEWER PROJECT.
WHEREAS, pursuant to Resolution No. 88-256, adopted December 13, 1988, this City
Council did authorize the acquisition of certain easements and property
interests in conjunction with the Southeast Interceptor/Snyder Creek Segment
Sewer Project; and
WHEREAS, due to the redesign of the Southeast Interceptor Sewer crossing beneath
First Avenue, the location of the permanent sanitary sewer easement and the
temporary construction easement on Parcel SISC.08, Goodwill Industries, was
changed, thereby increasing the area of said easements and the resulting damages
to the property owner; and
WHEREAS, the City's primary appraiser for said project has determined that the
compensation for said easements should be increased from $5,000.00 to $5,400.00,
in recognition of the increased area affected thereby.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, that the City Manager is hereby authorized to increase the
City's offer for the acquisition of said easements over Parcel No. SISC.08 to
$5,400.00.
AND BE IT FURTHER RESOLVED that in the event said easements cannot be acquired
at the appraised value indicated above, the City Attorney be and he is hereby
authorized and directed to initiate condemnation proceedings for the acquisition
of said easements.
It was moved by Balmer and seconded by Larson the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
Passed and approved this 28th day of February , 1989.
ATTEST: ue„> Z. ia'w
C1TY CLERK
F9'
RESOLUTION NO. 89-45
RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR OR CITY MANAGER TO
ENDORSE THE CITY'S ACCEPTANCE OF CONVEYANCE OF EASEMENTS IN
CONJUNCTION WITH THE CITY'S SEWER IMPROVEMENT PROJECTS.
WHEREAS, the City of Iowa City has undertaken projects to construct the Benton
Street Interceptor Sewer, the Southeast Interceptor/Snyder Creek Segment Sewer,
the Outfall Sewer, the Sludge Force Main, and the Southeast Interceptor/Ralston
Creek Phase 1 and Phase 2 Sewers, all of which projects involve the acquisition
of permanent sanitary sewer easements, temporary construction easements, and/or
temporary access easements; and
WHEREAS, the City has undertaken to acquire such easements by purchase or
condemnation; and
WHEREAS, the City should authorize particular officials to endorse the City's
acceptance of conveyance of such easements.
NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA, that the Mayor or City Manager be, and they are hereby
authorized individually to endorse the City's acceptance of easements in
conjunction with the aforementioned sewer improvement projects.
It was moved by Ambrisco and seconded by Iforowitz the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
R Horowitz
x— Kubby
R Larson
x McDonald
Passed and approved this 28th day of February , 1989.
to Form
ATTEST: ' 'P III )
CIT CLERK
351
I