HomeMy Public PortalAboutResolution #2010-26, A Resolution Approving 28E Agreement With The City Of Bettendorf, Iowa, Concerning The Joint Use Of A Sanitary Sewer Line, And Its Maintenance And ReplacementResolution No. 2010 -26
A Resolution Approving 28E Agreement With The City of Bettendorf, Iowa,
Concerning The Joint Use Of A Sanitary Sewer Line, And
Its Maintenance And Replacement
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, IOWA:
That the attached 28E Agreement concerning the joint use and maintenance of a sanitary
sewer line running through the City of Riverdale which is used by in part by the City of
Bettendorf is hereby approved and adopted.
The Mayor is authorized to sign and record the agreement which is attached hereto.
PASSED, APPROVED and ADOPTED this 7th day of December, 2010.
Ayes:
Channon
Hupp
Franklin
ATTEST:
vg
Alm.
ey J. Grindle, mayor
Paula McIntosh, City Clerk
Nays: Absent:
Halsey
Llttrel
CITY OF RIVERDALE - CITY OF BETTENDORF
RIVERDALE INTERCEPTOR SEWER
INTERGOVERNMENTAL AGREEMENT
This Agreement Is made and entered into pursuant to authority contained in Chapter 28E
of the Code of Iowa 2010, by and between the City of Riverdale, Iowa, a municipal corporation
(`Riverdale "), and the City of Bettendorf, Iowa, a municipal corporation (" Bettendorf 1.
RECITALS:
A. This Agreement concerns the Riverdale Interceptor Sewer, which has been constructed
and maintained by Riverdale pursuant to that certain agreement dated as of January, 1974,
between the Cities of Bettendorf, Davenport, Panorama Park, and Riverdale, Iowa, titled
Intergovernmental Agreement Providing for Construction and Joint Use of Sanitary Sewers and
Sewage Disposal Facilities ( "Joint Agreement ").
B. This Agreement is made concerning that portion of the Riverdale Interceptor Sewer
known as "Division E4" extending from manhole E1 - 4 to E4 - 12A as shown on said interceptor
sewer as-built construction plans and on the attached map.
C. There are existing extensions of the Bettendorf sanitary sewer system to the Riverdale
Interceptor Sewer which have been connected by developers of various subdivisions located
within Bettendorf adjoining the west boundary of Riverdale.
D. Riverdale and Bettendorf desire to enter into this Agreement to allow for the continuance
of the existing connections of the Bettendorf sanitary sewer system to Riverdale Interceptor
Sewer, restrict future connections of the Bettendorf sanitary sewer system to the Riverdale
Interceptor Sewer without the consent of Riverdale, and to provide for the sharing of future costs
of maintenance, repair, or reconstruction of the Riverdale Interceptor Sewer.
IT IS THEREFORE AGREED:
1. There are existing connections of the Bettendorf sanitary sewer system to the
Riverdale Interceptor Sewer servicing the following properties which are located within
Bettendorf:
(a) Eleven (11) lots in Deer Ridge 5'h Addition.
(b) Twenty-five (25) lots in Deer Ridge 4th Addition.
(c) Forty-five (45) lots in Deerbrook Estates 11th Addition.
(d) Thirty -nine (39) lots in Deerbrook Estates 8th Addition.
(e) Seventeen (17) lots in Deerbrook Estates 10th Addition.
(f) Nine (9) lots in Deerbrook Heights 1" Addition.
(g) Thirty-one (31) lots in Deerbrook Heights 2nd Addition.
These 177 Bettendorf connections ("Existing Connections ") may be continued under the
terms of this Agreement.
2. Bettendorf will not approve or allow any additional connections of the Bettendorf
sanitary sewer system to the Riverdale Interceptor Sewer or to expand the area or lots
served by the existing connections without the prior written consent of Riverdale, which,
based upon existing and future capacities of the Interceptor Sewer, shall not be
unreasonably withheld. Nothing in the Agreement, however, shall be construed to
prevent Riverdale from reserving for Riverdale unused capacity of the Interceptor Sewer
for reasonably expected growth and development in Riverdale when considering any
such request for approval of additional connections in Bettendorf.
3. From the date of this Agreement, Riverdale will reimburse Bettendorf upon
demand for a share of the costs ("Riverdale Share'l incurred by Bettendorf in the
maintenance, operation, construction, or reconstruction of that portion of the Riverdale
Interceptor Sewer based upon the proportionate contribution of Bettendorf and Riverdale
to the sanitary sewer system. For purposes of this Agreement, maintenance will be
considered bi- annual line cleaning and cleaning of obstructions, clearing site
obstructions, i.e. trees, brush, and other repairs as needed. Bettendorf shall defend,
indemnify and hold harmless Riverdale from and against any and all claims, losses,
expenses, suits, and costs (including attorney's fees) of any kind or nature arising out of
Bettendorf, its employees, contractors or agents' performance pursuant to this
Agreement. Riverdale has certain easement agreements related to the Interceptor
Sewer, which may require payment or other obligations to the relevant land owners.
Riverdale shall be responsible for making all such payments under those easement
agreements and shall be reimbursed by Bettendorf upon demand for Bettendorf's
proportionate share of that payment.
4. The Riverdale Share shall be determined bi- annually as of July 1 of each calendar
year based upon the percentage of residential households or equivalents located in
Bettendorf which are connected to the Riverdale Interceptor Sewer to the total number
of residential households or equivalents of Bettendorf and Riverdale which are connected
to the Riverdale Interceptor Sewer as of such date as determined by the Bettendorf City
Engineer and the Riverdale City Engineer, or alternatively, by measured flow analysis.
Presently, there are 65 properties in Riverdale connected to the Riverdale Interceptor
Sewer,
This Agreement shall become effective when approved by the Bettendorf and
Riverdale City Councils and is signed by the respective Mayors of Riverdale and
Bettendorf.
Attachment: Map of the E4 sewer
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