Title
Intergovernmental Agreement with the City of Peoria Butler Drive Water Reclamation Facility Wastewater Bypass to the 99th Avenue Interceptor and City of Phoenix 91st Avenue Wastewater Treatment Plant (Ordinance S-48147)
Description
Request authorization for the City Manager, or his designee, to enter into an Intergovernmental Agreement (IGA) by and between the City of Peoria, the City of Phoenix and the City of Glendale to provide the City of Peoria the ability to use the Bypass Structure to divert wastewater flows to the 99th Avenue Interceptor that normally go to its Butler Facility as may be necessary during an Emergency Bypass Event or a Planned Bypass Event. Further request to authorize the City Treasurer to accept, and the City Controller to disburse, all funds related to this item.
Report
Summary
The City of Peoria has ownership capacity in the 99th Avenue Interceptor from 99th and Olive avenues to the diversion structure located near 99th Avenue and Van Buren Street. At the diversion structure, Peoria’s wastewater flows were diverted to the Tolleson Wastewater Treatment Plant for treatment. Peoria constructed the Butler Drive Reclamation Facility to take its wastewater flows out of the 99th Avenue Interceptor. During construction of the Butler Facility, a Bypass Structure was purposely installed at 99th and Olive avenues to bypass the Butler Facility for Emergency and Planned Bypass Events.
Peoria retained its ownership capacity in the 99th Avenue Interceptor after the Butler Facility was constructed. However, Peoria does not have ownership capacity downstream of the diversion structure to transport wastewater flows to the 91st Avenue Wastewater Treatment Plant. Glendale agrees to allow Peoria to use Glendale’s capacity in the 99th Avenue Interceptor from the diversion structure to the 91st Avenue Wastewater Treatment Plant during Emergency and Planned Bypass Events.
The City of Phoenix (Phoenix) also agrees to receive and treat the Peoria wastewater flows at the 91st Avenue Wastewater Treatment Plant during these Emergency and Planned Bypass Events. Phoenix has available excess treatment capacity at the 91st Avenue Wastewater Treatment Plant and is willing to provide temporary treatment services to Peoria during Emergency and Planned Bypass Events.
Contract Term
The term of the Intergovernmental Agreement shall be for 20 years from the Effective Date. Upon mutual agreement and formal written amendment, the parties may extend this Agreement for one additional 20-year term provided the initial term has not yet expired, which may be exercised by the City Manager or designee.
Financial Impact
Funding is available in the Water Services Department's Capital Improvement Program budget using Sub-Regional Operating Group (SROG) funds. The Budget and Research Department will separately review and approve funding availability prior to execution of any amendments. Payments may be made up to agreement limits for all rendered agreement services, which may extend past the agreement termination. SROG will be reimbursed by the City of Peoria for all costs associated with bypass events.
Concurrence/Previous Council Action
The SROG Advisors recommended acceptance of this IGA to the SROG Committee on Sept. 16, 2021, by a vote of 5-0.
The City of Peoria City Council approved this IGA on Nov. 9, 2021, by a vote of 7-0.
The SROG Committee accepted this IGA on Nov. 10, 2021, by a vote of 5-0.
The City of Glendale City Council is scheduled to vote on this IGA on Dec. 14, 2021.
Location
The Bypass Structures is located at 99th Avenue and Olive Avenue. The 99th Avenue Interceptor alignment extends from 99th and Olive avenues to 87th Avenue and Broadway Road.
Department
Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Water Services Department.