TR-2010-5 AMENDING TR-08-48 APPROP FOR PHASES II AND III SEWERS � ■ ��,
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TR2010-05
RES LU ON AMENDING TR-2008-48 AUTHORIZING THE
APPROPRIATION AND LOAN ORDER IN THE AMOUT OF $3,730,000 FOR
PHASES TWO AND THREE FOR THE CONSTRUCTION OF SANITARY
SEWERS IN THE TOWN OF AGAWAM
Whereas, the Town of Agawam began construction of the Southwest Area Sewer
Expansion Project in September 2009 and expects the completion of Phase I by the end
of 2010;
Q11
Whereas, the Town of Agawam will not fully utilize $3,730,000 for Phase I as
appropriated by City Council Resolution TR-2008-48;
Whereas, the Town of Agawam desires to apply the remainder of the $3,730,000 Bon?-
toward engineering and design of Phase 11 and III of the Southwest Area Sewer
Expansion Project;
NOW THEREFORE, The Agawam City Council hereby resolves to authorize the
following: That in order to add Phases 2 and 3 to the appropriation and loan order for the
Feeding Hills, Southwest Sewer expansion project, Resolution No. TR-2008-48 of the
City Council approved on September 17, 2008 is hereby amended to read as follows:
that $3,730,000 is appropriated for the purpose of financing Phases 1, 2 and 3 of the
Feeding Hill, Southwest Sewer expansion project, consisting of the construction of sewer,
sewerage systems and sewage treatment and disposal facilities, including without
limitation all costs thereof as defined in Section I of Chapter 29C of the General Laws;
that to meet this appropriation the Treasurer with the approval of the Mayor is authorized
to borrow $3,730,000 and issue bonds or notes therefore under Chapter 44 and/or(�Lgipter
29C of the General Laws; that such bonds or notes shall be general obligations of thFCity
unless the Treasurer with the approval of the Mayor determines that they should be!Rued
as limited obligations and may be secured by local system revenues as defined in Swion
I of Chapter 29C; that the Treasurer with the approval of the Mayor is authorized toco
borrow all or a portion of such amount from the Massachusetts Water Pollution
Abatement Trust established pursuant to Chapter 29C and in connection therewith toco
enter into a loan agreement and/or a security agreement with the Trust and otherwisedA
contract with the Trust and the Department of Environmental Protection with respectV0
such loan and for any federal or state aid available for the project or for the financing
thereof-, and that the Mayor is authorized to enter into a project regulatory agreement with
the Department of Environmental Protection, to expend all funds available for the project
and to take any other action necessary to carry out the project.
DATED THIS DAY OF I ffEE�J, 2 010
PER ORDER OF THE CITY COUNCIL
m
DonAd-RIT�ault, President
APPROVED AS TO FOR AND LEGALITY
Vincent F. Gioscia, Solicitor
MAYORAL ACTION
Received this I—Z 19L day of '32010 from Council Clerk.
Signed by Council President this )(OLL -dayof 2010.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended, I hereby approve the passage of the above legislation on this day of
52010.
Richard A. Cohen, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended, I hereby veto the passage of the above legislation on this day of
2010 for the following reason(s):
Richard A. Cohen, Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this —dayof 4-eb4Lj� , 2010.
TR2010-05
A RESOLUTION AMENDING TR-2008-48 AUTHORIZING THE
APPROPRIATION AND LOAN ORDER IN THE AMOUT OF$3,730,000 FOR
PHASES TWO AND THREE FOR THE CONSTRUCTION OF SANITARY
SEWERS IN THE TOWN OF AGAWAM
Whereas, the Town of Agawam began construction of the Southwest Area Sewer
Expansion Project in September 2009 and expects the completion of Phase I by the end
of 2010;
Whereas, the Town of Agawam will not fully utilize $3,730,000 for Phase [ as
appropriated by City Council Resolution TR-2008-48,-
Whereas, the Town of Agawam desires to apply the remainder of the $3,730,000 Bond
toward engineering and design of Phase Il and III of the Southwest Area Sewer
Expansion Project;
NOW THEREFORE, The Agawam City Council hereby resolves to authorize the
following: That in order to add Phases 2 and 3 to the appropriation and loan order for the
Feeding Hills, Southwest Sewer expansion project, Resolution No. TR-2008-48 of the
City Council approved on September 17, 2008 is hereby amended to read as follows:
that $3,730,000 is appropriated for the purpose of financing Phases 1, 2 and 3 of the
Feeding Hill, Southwest Sewer expansion project, consisting of the construction of sewer,
sewerage systems and sewage treatment and disposal facilities, including without
limitation ail costs thereof as defined in Section I of Chapter 29C of the General Laws;
that to meet this appropriation the Treasurer with the approval of the Mayor is authorized
to borrow $3,730,000 and issue bonds or notes therefore under Chapter 44 and/or Chapter
29C of the General Laws; that such bonds or notes shall be general obligations of the City
unless the Treasurer with the approval of the Mayor determines that they should be issued
as limited obligations and may be secured by local system revenues as defined in Section
I of Chapter 29C; that the Treasurer with the approval of the Mayor is authorized to
borrow all or a portion of such amount from the Massachusetts Water Pollution
Abatement Trust established pursuant to Chapter 29C and in connection therewith to
enter into a loan agreement and/or a security agreement with the Trust and otherwise to
contract with the Trust and the Department of Environmental Protection with respect to
such loan and for any federal or state aid available for the project or for the financing
thereof-, and that the Mayor is authorized to enter into a project regulatory agreement with
the Department of Environmental Protection, to expend all funds available for the project
and to take any other action necessary to carry out the project.
DATED THIS DAY OF JANUARY, 2010
PER ORDER OF THE CITY COUNCIL
Donald Rheault, President
APPROVED AS TO FOR AND LEGALITY
4 t I-- I -
1 L TN
Vincent F. Gioscia, Solicitor
EDWARDsANGELL PALMER&DODGELLP
I I I HtultiAgEOIlAvenue Boston,IMA 02199 617.239.0100 fa.%'617.227.4420 capdIamcom
Brenda TYL McDO110tigh
617.239.0684
bmcd000ugh@capdIaw.cum
January 13, 20 10
Ms. Laurel A. Placzek
Treasurer-CollWor
Town of Agawmn
36 Main Street
Agawam, Massachusetts 0 100 1-1837
Dear Laurel: (Agawarn Sewer Bonds)
As requested, I suggest the following form of order to amend the loan orderauthorizing a
borrowing for Phase I of the proposed Feeding Hills, Southwest Sewer expansion project to also
include Phases 2 and 3 of such project:
The Agawam City Council hereby resolves to authorize tile following. that in
order to add Phases 2 aud 3 to the appropriation and loan order for the Feeding Hills,
Southwest Sewer expansion project, Resolution No. TR-2008-48 of the City Counci I
approved on September 17, 2008, is hereby amended to read as follows:
"that $3,730,000 is appropriated for the purpose of financing
Phases 1, 2and 3 of the Feeding Hills, Southwest Sewer expansion
project, consisting of the COrIStL-UCtiOlI of sewei-, sewer8ge systems and
sewage treatment and disposal facilities, including without limitation ail
costs thereo-fas defined in Section I of Chapter 29C of(lie General Laws;
that to meet this appropriation the Treasurer with the approval of the
Mayor is authorized to borrow $3,730,000 and issue bonds or notes
therefor under Chapter 44 and/or Chapter 29C of the General Laws; that
such bonds or notes shall be general obligations of(lie City unless the
Treasurer with the approval of the Mayor determines that they should be
issued as limited obligations and may be secured by local system revenues
as defined in Section I of Chapter 29C; that the Treasurer with the
approval of the Mayor is authorized to borrow all or a portion of such
amount from the Massachusetts Water Pollution Abatement'rrust
established pursuant to Chapter 29C and in connection therewith to enter
into a loan agreement and/or a security agreernem with the Trtist and
otherwise to contract with the Trust and the Department of Environmental
Protection with respect to such loan and for any federal or state aid
avai[able for (lie project or for the financing thereof, and that tile Mayor is
authorized to enter into a project rogtdatory agreement with the
EDWARDs ANGELL PkLMER&DODGELLP
Ms. Laurel A. Placzek
January 13, 2010
Page 2
Department of Environmental Protection, to expend all funds available for
d.ic project and to take ally otier action necessary to carry out the project."
The order requires two readings and at least a two-thirds vote, as in file case of MY Odle"l0all
order for bonds.
P[case ca I I me i f there are lily qLICStions about the suggested proceedings.
Yours faithfully,
Brenda M. McDonough
cc: Stephen G. Knight
130SI I 1 12450962.2
-2-
RESOLUTION TR-2008-48
A RESOLUTION AUTHORIZING AN APPROPRIATION AND LOAN ORDER
IN THE AMOUNT OF$33,730,000 FOR THE CONSTRUCTION OF SANITARY
SEWERS IN THE TOWN OF AGAWAM
WHEREAS,the Town of Agawam has completed a wastewater disposal evaluation for the
southwest area of Agawam; and
WHEREAS, it was determined that the best course of action is to extend the municipal
sewer system to serve the southwest area of Agawam; and
WHEREAS, an environmental impact report for the Southwest Area Wastewater
Treatment Improvements has been filed with the Massachusetts Environmental Protection
Agency; and
WHEREAS, the Secretary of Environmental Affairs has issued a certificate on April 14,
2006, finding that the environmental impact report adequately and properly complies with
Massachusetts requirements; and
WHEREAS, the Town of Agawam must proceed with the sewer improvements within
three years of the certificate's issuance to avoid filing further environmental notices; and
WHEREAS, it has been determined to be in the best interests of the Town and the
residents within the Southwest Area to proceed with the construction of the required wastewater
facilities in a series of phases under current sewer assessment ordinances commencing with Phase
I;
NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves to authorize the
following:
That$3,730,000 is appropriated for the purpose of financing Phase I of the Feeding Hills,
Southwest Area Sewer Expansion project, consisting of the construction of sewers,
sewerage systems, and sewage treatment and disposal facilities, including without
limitation all costs thereof as defined in Section I of Chapter 29C of the General Laws; that
to meet this appropriation the Treasurer with the approval of the Mayor is authorized to
borrow$3,730,000 and issue bonds or notes there for under Chapter 44 and/or Chapter 29C
of the General Laws; that such bonds or notes shall be general obligation of the City unless
the Treasurer with the approval of the Mayor determines that they should be issued as
limited obligations and may be secured by local system revenues as defined in Section I of
Chapter 29Q that the Treasurer with the approval of the Mayor is authorized to borrow all
or a portion of such amount from the Massachusetts Water Pollution Abatement Trust
established pursuant to Chapter 29C and in connection therewith to enter into a loan
agreement and/or a security agreement with the trust and otherwise to contact with the
Trust and the Department of Environmental Protection with respect to such loan and for
any federal or state aid available for the project or for the financing thereof-, and that the
Mayor is authorized to enter into a project regulatory agreement with the Department of
Environmental Protection, to expend all funds available for the project and to take any
other action necessary to carry out the project.
DATED THIS -DAY OF 2008.
V
PER ORDER OF THE AGAWAM CITY COUNCIL
GipdV—�etellier, Pres-VeKt
APPROVED AS TO FORM AND LEGALITY
Christopher C. Johnsi Solicitor
MAYORAL ACTIO
Received this day of 2008 from Town Council Clerk.
Signed by Council President this day of 2008.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amnded, I hereby approve the passace of the above legislation on this
day of
10 2008.
Susan R. Dawson, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter', as
amended, I hereby veto the passage of the above legislation on this day of
2008 for the following reason(s):
Susan R. Dawson, Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this day of p-L,1 ---' 2008.
-C)0/0 -5
TOWN OF AGAWAM
Department of Public Works
1000 Suffield Street - Agawam MA 01001
Tel (413) 821-0600 - Fax (413) 821-0631
Anthony M. Sylvia, PE — Superintendent
January 28, 2010
PHASE 2 — SOUTHWEST AREA SEWER
PROJEE[ DE5CRIPTION
The Town has decided to proceed with the design of a Phase 2 project that continues previous
efforts to extend sewers to the southwest area. The Phase 2 project includes:
• A large, built-in-place pump station on Pine Street
• A small, package pump station on Barry Street
• New gravity sewers at the southern end of South Westfield Street, from the former
police academy building to Barry Street; on Pine Street; on Spruce Circle; on
Oakmont Place; and on Barry Street, between Pine Street and South Westfield Street
• New gravity and low'pressure sewers in the Bradford Drive development (Bradford
Drive, Meyers Drive, and Tannery Road)
• Two brook crossings; one on Pine Street and the other on Barry Street. Still Brook is spanned
by a bridge at these locations. As such, the preliminary design concept is that the proposed
sewer at these locations would be installed off the road, below the brook bed, and away from
the bridges to avoid undermining the bridge foundations during construction.
• Easements may be needed throughout the project and the department will make every effort
to minimize the impact on private property
• The final engineering design will need approval from the Department of Environmental
Protection
The Phase 1 sewers that are currently being constructed and the proposed Phase 2 sewers are
shown on Figure 1, attached.
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PHASE 1 SEWERS
PROPOSED EXISTING SANITARY ---- PROPOSED LOW
PHASE 2 SEWERS SEWERS (8- UNLESS PRESSURE SEWERS
NOTED OTHERWISE) PRELIMINARY WETLAND PROPOSED PHASE 2
SUB-AREA BOUNDARIES EXlSTtNC FORCE MAIN DELINEATION SEWER EXTENSION_
PROPOSED S NItARY FLOOD PLAIN SOUTHWESTARFA
(a"A SEWER EXTENSION PROJECT
PROPOSED PUMP STATION SEWERS UNLESS AGAWAM,MASSACHUSETTS
NOTED OTHERVASE)
Q EXISTING PUMP STAT10N ---- PROPOSED FORCE MAIN TK3jlE A pope*41 commTING Emomma
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