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HomeMy WebLinkAbout1974-05-29 185 AB ORDER185 AB Introduced by Councilor Baldacci, May 29, 1974 s CITY OF BANGOR QIRE) (Order, Authorizing the City. Manager to Execute Agreement between the City of Bangor and Town of Hermon - Public Sewee BY the City Cannot of the City of Bows or: ORDERED, THAT the City Manager is hereby authorized and directed to execute an agreement, a copy of which is attached hereto and made a part hereof, for purposes of providing for the treatment of sewerage from the Town of Hermon. IN CITY COUNCIL May 29, 1979 alded by deleting the word$ "INHABITANTS of THE" in the let paragraph and replacing Ge word "sew rage" with the word wage' it appears throughout the agre ent. Referred the public works Committee, consider next meeting. G CITY. CLE IN CITY COUNCIL .lune 10, 1976 PASSED. CITY 165 AS ORDER T9i Title, Autho[� CSty Man., to Execyte ,N]r., ,,,, between City of Bangor d Town of HerOgn ............................. ......... public Sewer Intro ed and filed by ilmen q_G€JYED Im 0?P W V0 CDIY OF BWM ,OAK CITY OF BANGOR TO THE CITY COUNCIL: Item M ___ ....185 All Title: Authortztng the City Manager to Execute Agreement between the City of Bangor and Town of Hermon - Public Sewer --- --- at the councilmeeting of May 29 1974 was referred to the Public Works _ _ _ Cammittee. The Committee has considered the subject matter and herewith eubmits the following report: The committee voted to recommend approval of the agreement between Bangor and Hermon. The Committee discussed the feasibility of whether Bangor should collect the fees for the first 65 days or Hermon chest Id collect from the initial billings. The Committee agreed that the users in llermon should be treated as normal customers and after 65 days If the amount hod not been collected the Town of Hermon would pay Bangor the amount due. AGREEMENT THIS AGREEMENT entered into this day of , 1974 by and between the CITY OF MNCOR, a municipal corporation located in the County of Penobscot and State of Maine (hereinafter referred to a "Bangui') and the TONE OF HERMON, a municipal corporation located in the County of Penobscot and State of Maine (hereinafter referred to as "H¢IOon") WITNESSETH: NIBiHBAS, municipalities in the State of Maine are required by law to satisfactorily treat sanitary sewerage prior to discharge in a water course; and WIERIPS, Bangor has constructed and is presently operating a pollution abatement facility c isting of a wage t plant and numerous public Interceptorand trunks r lines, one treatment fmwhich extends on Hammond Street near the boundary line between the City of Bangor and the Town of Hermon} and WHEREAS, Hermon is desirious of constructing and connecting a sewer line to said Hammond Streettrunk line for purposes of serving s rat properties within its territorial limits, including facilities presently occupied by the Bangor & Aroostook Rails and Company, NW, THEREFORE, the parties hereto mutually covenant and agree that Bangor will accept and treat sanitary srasme Ism Her n delivered t an entry and interconnection with the Bangor Sanitary a system atthe Intersection of Hammond and Hildreth Streets in said Bangor, in accordance with the following provisions: (1) Herman shall lay out and construct, at i expense, a sewer c line, in a ordan with plans for such purposes presently on file in the office of theBangorCity Engineer, it on said intersection of Hammond and Hildreth Streets in said Bangor, to such points r the area nof the so- called -called Northern Maine Junction located r said Hermon, as Hermon may deem desirable. The interconnection with the present Havmond Street trunk line and the sewer line to be constructed by Herm as provided hereunder shall be made by Bangor, the Yea to thereof to be paid by Hermon. (2) After c of said newer line, the parties hereto shall operate,maintain anmakeall necessary repairs [ those portions of said line lying within their res pectiveboundaries; provided, however, that title to that portion lying within the boundaries of the City of Bangor Shall remain with Hermon. (3) Hermon hereby agrees that the maximum delivery flow it cm Hermon shall not exceed 100,000 gallons par day. Bangor agrees that it will not reduce the design average daily sewerage flow below the flow of LOO,000 gallons per day from the point of interconnection to the Bangor treatment facility. It is understood and agreed that t aforesaid capacity bell be e be additional to that provided for other n ofthe Bangorer facility, and that Hermon shall be red of acceptance by Bangor of volumes and quantities set forth in the terms of Ghia Agre me nt. (4) It 1s hereby agreed that Bangor bears responsibility for adequately treating the aetasm8ge flow from said Hermon sewer line so long as such sewerage flow remains below the maximum levels setforth inSection 3 above. (5) Hermon agrees that it will not connect, permit to be c corrected, discharge, nor permit to be discharged, into said Hermon sewer line an matter orwaste which is not a tsryyaweetge. Hermon agrees that n ma teer shall be discharged into said Herman sewer line the charac%eristics of which e toxic or otherwise damaging to the biological or one myacel processes of s the Bangor treatment plant or to the Bangor system tcontaining cod- [ratfons of pollutants than ordinarily foundin domesticsanitary .aM3age. For purposes of this Agreement, sanitary sewerage rage shall Be defined [ include rite matter discharged from normal domestic �e systems, having a biological oxygen demand of no than 200 miligrams per lite[, a suspended solid loading of act more than 20 ligrams per liter, and a concentration of fats and grease of not more bha 30 miligrams per liter, and not containing day gasolineoil, gra other petroleum products, provided, further, that Hermon Shall take all necessary saction e e that sanitary a�age— discharges permitted hereunder shall tieraccordance with all laws,rales regulations and requirements of any duly authorized goverment authority, and where such laws, rules regulation requirements provide m restricted standards than as s a provided herein, such standards shalt apply. Herm further agrees to are Bangor of any known spills of damaging substances into the Hermon sewer line, o of s rage flows or breaks in im system, or of other conditions which could upset the operation of the Bangor rage treatment plant or damage its biological or chemical processes. Hermon agrees that it will require pre-treatment of any industrial, c commercial o other waste not meeting the standards provided herein before permitting such waste to enter the Hermon sewer line. (6) Hennaed agrees that no storm orsurface drainage units o severe will be permitted to enter the Hermon w sewer line. In addition, Hermon e ag e n the operation and ea Late ozone of said line, as provided herein, to sake sit necessary action to prevent excessive infiltration of ground water into said system. (7) Hermon agrees that any damage, harm or injury caused [ any sewer lines, treatment facility o any other compensate of theBangor sewer system resulting or caused by, any sewerage or other matte[ discharged into the Hermon sewer line,shall be the respotu ibility of Herman, and Hermon shall indemnify Bangor for any and all costs incurred in repairing o re- placing damaged cw@onents of said Bangor system. In the event, for reasons beyond its control, Bangor earned adequately transmit or process the maximum daily lead allocated to Hermon under Section 3 of this Agreement, Bangor may reduce, curtail orstop any o all flow in the Hermon sewer line, upon written notice to Hermon. Hermon agrees that it shall hold Bangor harmless should such an event occur, and shall indemnify Bangor for any damage that may be incurred by users of the Hermon system as a result of such action by Bangor. (8) For the purposes of recycling, processing or sate, any and all sewerage or sludge delivered to said Bangor system by the Hermon sewer line shall become the property of Bangor and may be used, sold or otherwise disposed of by Bangor in any manner it may deem fit. (9) No entry shall be permitted Into the Hermon sewer line o into any line, trunk or interceptor,which eventually flows into said Hermon sewer line, without the prior written approval of the Town Manager of the Town of Hermon, or his duly authorized agent. In approving such entry, said Then Manager shall consider the quantity and quality of the potential rage discharge. If said Town Manager determines that said potential discharge will Increase the daily average flow, or increase the peak £low m beyond the ms set forth In Section 3 of this Agre r would result n discharge of matters o waste not permitted under Section 5herein, said Ton Manager shall not approve such entry. Within ten (10) days after any such approval, said Ton Manager shall give notice of such entry LN writing to the Utilities Division of the City of Bangor. (10) persons, firms, associations, partnerships and corporations caning Land located 1n the Torn of Harmon, from which entry has bee made into the Hermon sewer line (hereinafter referred t s"rm Heon users") shalt ewer userfees i be charged the s , user fee schedule n accordance with thesewer uae previously said Council by the Havtim Cloy time. Ll, and as rosy be amended or revised by said Council fr[m time [0 time. (11) Initially, it shall be the responsibility of Bangortobill and to collect all sewer user fees due from Hermon a All such fee not paid in full within sixty-five (65) days after the date of billing, aCall, upon submission to the Ton Manager of the Town of Hermon, be paid by Hereto" within ten (10) days thereafter, and thereafter Hermon shall be responsible for further collection Of such charges Bangor shall make available to Nevada,upon request, all records and information pertinent to such sewer user fees charged. (12) Due to the public health and safety aspects of the facilities contemplated by this Agreement, it 1s understood and agreed that neither part shall have indiscriminate rightly to withdraw from or terminate this Agree- ment. gre -ment. If, prior to the commencement ent of the construction of the facilities contemplated herein, It becomesnecessary for either party to withdraw due toa[ rcumstances beyond its control, the withdrawing party shall give prompt written notice of its decision to the other and shall be liable for its proportionate share of all costs and expenses incurred by both parties in connection with the planning and preparation of such facilities to the date ofreceipt of said written notice. However,upon cammencement of < nst[uctio of any facilities contemplated herein, neither party shall be permitted to withdraw from this Agreement and each party shall be bound to fulfill all obligation$ set forth in this Agreement. (13) No provisions of this Agreement shall be construed as to prohibit Bangor from permitting entry into said Bawer wline by persons owning sal as tete abutting said line and located withinu the bondaries of the City of Bangor; provided, that as acondition and at the than Of such entries, Bangor shall requireall suchowners property t0 pay to said Hermon, amount equal to the assessable share of theconstruction costa for such sewer line as required by 30 MSA 84451, as may be in effect as of the date of this agreement. (14) This Agreement shall remain c n full for and effectuntil December 31, 1987, and thereafter, shall continue from year to yearuntil either or both parties s c written n n the other, at least sixty (60) days prior to the expiration of such annual expiration date, stating an intention to [erraLnate this Agreement. IN FITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first written above. Signed, Seated and Delivered in the Presence of CITY OF BANGOR Witness Title: INHABITANTS OF THE TOWN OF HINE ON BY: Witness Title: STATE OF MAINE PENOBSCOT, ss. 1974 Then personally appeared the above-named and acknowledged the foregoing instrument to be his free act and deed to his said capacity, and the free act and deed of said body corporate. Before me, Justice of the Peace TOWN OF HERMON BEE—— .,., ....,.. s==BiIImys Road—Hermon, >E.. ,a>. ,.,.,<"JUN Maine _.. MAILINQ ADDRESS 1974 1052BANGOR,".,., "<o� June 14, 1994 Merle Goff, City Manager Bangor, Maine 04401 friend Merle, It is ay understanding that the City Council approved the agreement between Ungar and Herron regarding the sewer eWr line Hermon is now installing along D. a. Haute #P. In reading the agreement there are a couple of items which I would like to clarify. #(1) On Page 1 of the agreement, paragraph 4 commencing 'Tow therefore ---etc." menti... the intersection of H and and gildreth Streets as the point to which Morgan will extend its sewer line. new in fact the plane call for entering Bengor'e sewer line several hundred feet west of Hildreth Street intersection. The arae wording is used in item 1 page 1 of the agreement. #(2) On page 2 item (7) the wording of this paragraph is rather broad in scope and I believe that the intent is that any "Ben» or damage" to Bangor's sewer line caused by chemicals or other foreign matter put into the e line and would not include overloading an$ section soelong as we did not exceed the 100,000 GPD mentioned in the agree- ment. It' you concur with the interpretation I have made of these items, I will appreciate it if you would sign one copy of thin letter d turn it to / Stn » I He F. Tom Manager �N'Nn, h o� AGREEMENT ems^ `o THIS AGREEMENT entered Into this day of June, 1974 by and aid between the CITY OF BANGOR, a municipal corpora -ton located in the County of VVGN Penobscot and State of Maine (hereinafter referred ioa s "Bangor") and the TfMN OF BERMON, a municipal corporation located in theCounty of Penobscot and State of Mine (hereinafter referred to as 'Hermon"). WITNESSETH WHEREAS, municipalities in the State of Maine as required by law to satisfactorily treat sanitary sewage prior to dischargein a water course; and WECEbIS, Bangor has constructed and is presently operating a pollution abatement facility consisting of a emoage treatment plant and numerous public interceptor and trunk sewer lines, o of which extends on Hammond Street n the boundary Line between the City of Bangor and the Town of Hermon; and WHEREAS, Hermon Is delirious of constructing and connecting ecting a sewer line to said Hamond Street trunk line for purposes¢ of serving ral proper- ties within its territorial limits, including facilitiespresently occupied by the Bangor A Aroostook Railroad Company, NOW, THEREFORE, the parties hereto moronity covenant and agree that Bangor will accept and treat sanitary sewage from Hermon delivered Goan entry and interconnection with the Bangor sanitary a eye[ the intersection ercanne a rover em at of Hammondand Ni ldre ch Streets in said Bangor. in accordance with eM1e follow - Ing provisions Le lone: (1) Hermon shall lay out and construct, at its too expense, a sewer c line, in accordance with plane for such purposes presently on file in the office of the Bangor City Engineer, from said intersection of Harmon and Hlldreth Striate in said Bangor, to och pointe in the area of the so-called Northern Mine Junction located In said Hermon. as Hermon may deem desirable. The interconnection with the. present Harwood Street trunk line and the sewer line to be constructed by Hermon as provided hereunder shall be made by Bgor, the costa [hereof to be paid by Hermon. -(2) After construction of said sewet line, the parties hereto shall' operate, maintain and make all necessary repairs to those portions of said line lying within [heir respective boundaries; provided, however, that title to that portion lying within the boundaries of the City of Bangor shall remain with Hermon. (3) Hermon hereby agrees that the maximum delivery flow from Hermon alkali not exceed 100,000 gallons per day. Bangor agrees that it will not f - du-na the design rage daily sewage flow below the flow of 100,000 gallon per day from the point of interconnection to the Bangor treatment facility. rt is understood and agreed that the aforesaid capacity shall be additional III that provided for other users of the Bangor sewage facility, and that Hermon shall beaacceptance red of by Bangor of volumes and quantities set i..rth in the terms of this Agreement. (4) It is hereby agreed that Bangor bear$ responsibility for ade- quately treating the sewage flow from said Hermon sewer lines so long as such stnaRe flow remains below the maximum levels ane[ forth in Section 3 above. (5) He food agrees that it win ^ not connect, permit m be [ ected, dlsolmrge, nor permit to bedischarged, into said Hermon sewer line any matter or waste which Is sanitary sewage. Hormone agreesthat W matter shall be ge dischard John said net sewer line the cheracteriSti Cs of which are toxic or otherwise damaging to the biological of chemical pioinisses of the Bangor treatment plant or to the Bangor sewer system not containing concentrations of pollutants than ordinarily found in it emetic sanitary sewage. For purposes of this Agreement, sanitary sewage shall be defined to include waste matter dis- charged it= normal domestic sewage systems, having a biological oxygen demand of net more than 200 milligrams per liter, a suspended solid leading of not more than 200 milligrams per liter,and acs ¢ntration of fats and gra of not more than 30 milligrams per liter,and not containing any gasoline oil, grease other petroleum products, provided, further, that Hermon shall take all necessary action to Insure that aanitary sewage discharges permitted hereunder shall be in accordance with all laws, rules, regulations and require - of any duly authorized governmental authority, add where such laws, rules, re regulations o requirements provide estricte2 standards than a are provided herein, such standards shall apply. Hermon further agrees to notify Banger of any known spills of damaging substances into the Hermon sewer line, or of sewage flown r breaks in its system, of otheronditions which could s upset the Operation of the Bangor wage treatment plan[ or damage its biologi- cal Or chemical processes. He[ agreesthat it will require pie -treatment of any ins its tr het, [a is or Hermon net nit e V ing the atandarda If be load herein before permitting such waste to enter the Hermon sewer line. (6) Hermon agrees that no storm or surface drainage unite or sewers will be permitted to enter the Hermon sewer line. In addition, Hermon agrees in the operation and maintenance of said line s provided herein, to take'. all necessary action to prevent excessive infiltration of ground water into said system. (1) Hermon agrees that any damage, ham o injury caused to any sewer linea, treatment facility or any other cmporents of the Bangor server system, resulting or used by, any sewage or other matter discharged intothe Hermon sewer line, shall be the responsibility nn fllty of peon, and Hermon shall indemnify Bangor for any and all costs incurred In repairing or replacing damaged c=patients of said Bangor system. In the event, for reasons beyond its control, Bangor cannot adequately transmit or .process the maximum dally load allocated to Hermon under Section 3 of this Agreement, Bangor may reduce, urtailn stop any o all flow in the Hermon sewer line, upon written notice to Hermon. Hermon agrees that It shall hold Bangor harmless should such a enL occur, and shell indemnify Bangor for any damage that my be incurred by users Ofthe Hermon system as a result of such action by Bangor. (8) For the purposes of recycling„ processing or sale, any and all sewage . em sludge delivered to said Bangor systby the Herr line shallam became m the property of Bangor and y be used, sold or othere wise disposed of by Bangor in any roamer as it my deem fit. (9) Noe try shall be permitted into the Hermon sewer line or into any line, trunk orinterceptor, which eventually flows into said Herman sewer line, without the prior written approval of the Town Manager of the Town Of Hermon. or his duly authorized agent. In approving such entry, said Town Manager shall consider the quantity and quality of the potential sewage discharge. If said Town Mange[ determines that said potential discharge will increse the daily average flow, or increase the peak flow beyond the maximum Lforth in Section 3 of this agreement, would result is discharge of matters n [ Hate not permitted under Section 5 he[ said Town Manager shalt min appr.ove such entry. Within ten (10) days after any such approval, said Ten Managershall give notice of such entry in writing to the Utilities Fvtslen of the City of Bangor. (10) persona, firms, associations, paxtoerships and corporations owning land located in the Town ofHermon, ft= which entry toe been made into the Ilermm, sewer line (hereinafter referred to as 'He[ r e") shall be charged tlm n uc r fees in accordance with the a rfee schedule previously adopted by the Bangor City Council, and as may be amended or re- vised by said Council it= time to time. (ll) Initially, It shall be the responsibility of Bangor to bill and to collect all sewer user fees due from Hermon users. All such fee not paid in full within sixty-five (65) days after the date of billing, shall, Open submission to the Town Manager of the Town of Hermon, be paid by Hermon within ten (l0) days thereafter, and thereafter Herman shall he responsible for further collection of such charges. Bangor abell make available to Hermon, upon request, all records and information pertinent to such sewer user fees charged. (12) Due to the public healthandsafety aspects of the facilities contemplated by this Agreement, it is understood and agreed that neither party shall have indiscriminate rlghta to withdraw from or terminate this Agreement. If, prior to the commencement of the construction of the facilities contem- plated herein, it becomes accessary for either parry to withdraw due to circumstances beyond its control, the withdrawing party shall give prompt written notice of its decision to the other and shall be liable for its pro- pnrtlonate share of all costa and expenses incurred by bath parties in connection with the planning and preparation of such facilities, to the date of receipt of said written notice. Howe tr upon of construction of any facilities contemplated herein, neither party shall be permitted to withdraw from this Agreement and each Party shall be bound to fulfill all obligations set forth in this Agreement. (15) No pr aviefone of this Agreement shall be construed as to Prohibit Bangor from permitting entry into said Power line by persons owning cast estate abutting said line and located within the boundaries of the City of BPngor; provided, that as a condition and at the time of each entries, Bangor shall require all such property Owners to My to said Hermon, an amount equal to the a sable share of the construction coats for such sewer nne a required by 30 M.R.S.A. Section 4451, as may be in effect as of the date of this Agreement. (14) This Agreement shall remain In full force and effect until December 31, 1987, and thereafter, shall continue from year to year until either or both parties serve written notice on the Other, at least sixty (60) days prior to the expiration of such annual expiration date, stating an Intention to terminate this Agreement. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year fire[ written above. Signed, Sealed and Delivered in the Presence of: CITY OF BANGOR witness TOWN OF USHCH Wl tress STATE OF MAINE PENOPSCON, as. Joan. 1974 Then personally appeared the above-named and acknowledged the foregoing instrument to be his free act and deed in his said capacity, and the free act and dead of said body corporate. Before me, Justice of the peace