Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
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