HomeMy WebLinkAboutA003 - Letter to Mark Lamber dated November 17, 2017 regarding proposed language to ordinance from USDA November 17,-2017
Mark Lambert .
:Legal Department
Ames City Hall
515 Clark Ave
_Ames, Iowa 50010
Mr.-Lambert:
The_United States Department of Agriculture (USDA) was recently-made aware that the City of
Ames (City) intends to add new language on"Ownership and Repair, Sanitary Sewer Lateral"to
.. .Section 28.305.of the City Municipal Code.USDA would like to'express concern with this
change and propose an addition to this new section.
USDA is primarily.concerned.with the portion of the new section.that will state: 'All service
connections witli the--.City sewage.collection system beginning at the sewer main and extending
to the building or structure, including the Wye:connection at the sewer main,shall be installed
and maintained at the expense of the property to be served. Ownership of the-entire service
connection remains with the property."As discussed between USDA-and City staff during our
meeting held on October 24;2017, ownership of wastewater metering equipment for USDA's
National Centers for Animal Health.facility is currently in dispute.Although staff comments on
the new section indicate that it merely,"clarifies.that the.sewer lateral is.owned by the property
owner;"=and that, "[i]t is not a change in ownership or responsibility to maintain the-lateral,"
USDA requests clarification that this new section would not effect a change in ownership in -a
situation where equipment previously been owned and maintained by the City.
- :USDA affirms its position that the City-installed and has historically owned and maintained all
wastewater meters for the facility.This position is supported by several-items of evidence,
including:
•: The,original 1959 contract between USDA and the City-for water and wastewater,,which
statesthat: "City will.construct a metering and sampling station at this site through which
will pass all wastes entering this sewer from the laboratory;"that"The. [the Agricultural
Researchf Service grants the City a revocable permit to enter uponthe premises of the .
Service.for any proper purpose under this contract, including use of the site or sites
agreed.upon by the-parties hereto for the installation,-operation,-and maintenance of the
equipment-of the.City required-to provide:water and sewer service to the facilities," and
that:"It is understood and agreed that title to all lines,materials, and equipment
constructed or put in place, as contemplated herein,.shall remain in the City."
e The current.contract, as amended.in 1985.and 1990,which states: ".The Service.hereby .
grants the City.and.the City reserves the right, in.the event of termination of this contract,. .
to enter upon the premises of the Service for the removal of all buildings and equipment
Which.the City.has installed upon the.Service's premises-by this agreement. Itis
understand and agreed that title to all lines,materials, and equipment constructed or put in place, as contemplated herein, shall remain in the City.
The.building that:houses.the wastewater-metering equipment for.the:facility is located
outside-the USDA security perimeter, is not listed on USDA's property list; is marked as
City property, and is not readily accessible to USDA.empl-oyeeswithout notification to
the City.
USDA understands that further discussions with the City may be necessary to come to agreement
regarding ownership and responsibility for maintenance of wastewater metering equipment,but
requests:that either this new section not be added to the City Municipal Code or that it be
amended in such.a way that it will not effectively change ownership of the building or
equipment. If the City chooses to go.forward with making this change.to Section 28.305, USDA
suggests the addition of a clause such as: "This section does not transfer ownership or
maintenance responsibility to.a property owner when the City already owns and hasmaintenance. . ..
responsibility for wastewater piping and appurtenances or other equipment."This change would
not impact the City in the event that both parties agree that USDA owns and should maintain the
:equipment,but.it would prevent any unintended transfer of ownership should USDA and the
City agree that the City owns the equipment.
Please contact me at.(202):720=6716 or Caitlin.Arnold@ogc:usda.gov if you have questions
:regarding these comments or would.like to arrange for a meeting between.the City and USDA to
discuss these comments. Thank you for the opportunity to provide comment on the proposed
change to.the City Municipal Code.
Sincerely,
Caitlin Arnold
Office of the General.Counsel,Natural Resources and Environment Division
United.States Department of Agriculture
cc:
Beverly Schinitt,National Veterinary Services.Laboratories
Diana Whipple,National Animal Disease Center
David White,NCAH.
-Karla Tebben,NCAH
Cal Mather,ARS SHEMB
John Dunn; Cityof Ames Water and Pollution Control Department
Dustin-Albrecht, City of Ames Water and:PollutionControl Department