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Home My Public Portal AboutORD15166BILL NO. 2013-67 SPONSORED BY COUNCILMAN_----=P'---'r-=at:..:....:ch=.:er ___ _ ORDINANCE NO. __ ---+-'/ J:~ _ _,_,( G+=-/J ~o..p-4 _____ _ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECU T E AN AGREEMENT WITH COLE COUNTY TO COST SHARE FOR THE MORRIS DEVELOPMENT PROJECT. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute a Cost Share Agreement with Cole County for the Morris Development Project. Section ~-The agreement shall be substantially the same in form and content as the agreement attached hereto as Exhibit 1. Section ~-This Ordinance shall be in full force and effect from and after the date of its passage and approval. Mayor ATTEST: APPROVED AS TO FORM: ~(}11ud{ tz~~ City Counselor ECONOMIC DEVELOPMENT PROJECT MORRIS DEVELOPMENT PROJECT THIS CONTRACT, made and entered into, by and between the City of Jefferson, hereinafter called "City" and the County of Cole, Missouri hereinafter called "County." 1. Morris Development Project. This project is identified as a cooperative City /County project for the purpose of economic development. 2. Development Agreement. Attached herewith and incorporated by reference is the development agreement between the City, County, ROAR Real Estate 2, LLC and Morris Converting, LLC which provides the obligations to be divided by this agreement (hereinafter "the development agreement "). 3. Sewer Extension. For purposes of extending the sewer line as provided in the development agreement. a. The City Director of Public Works and the County Director of Public Works, hereinafter called the Project Administrators, shall administer the project. b. The City of Jefferson shall establish a separate special Joint City & County Cooperative Project Fund Account for the administration of this project and extension of the sewer line. c. All project costs shall be paid from the fund, except any "in house" services provided by the City or County. d. The Project Administrators shall follow normal City governmental purchasing and contracting procedures as adopted by the City. e. The Project Administrators shall jointly review the bids and recommend the lowest and best contracts to the Jefferson City Council and Cole County Commission for approval. The recommended bid shall be approved by the Cole County Commission prior to execution of a contract by the Jefferson City Council. f. Financial Contribution: The County shall contribute one -half the estimated cost of the project on or before construction begins. At the conclusion of the project the City shall provide the actual cost to the County. The County shall either pay to the City additional amounts to pay their share or be refunded any unexpended funds remaining in the Joint City & County Cooperative Project Account, as well as any interest accrued by the funds in Joint City & County Cooperative Accounts shall be apportioned to the City and County in direct proportion to the amount of funds deposited. g. Timing: This project shall be constructed within the time frames provided in the development 4. Rail Spur Extension. For purposes of possibly extending the Rail Spur in the future, as provided in the development agreement. a. The City Director of Public Works and the County Director of Public Works, hereinafter called the Project Administrators, shall administer the project. b. The County of Cole shall establish a separate special Joint City & County Cooperative Project Fund Account for the administration of this project and extension of the sewer line. c. All project costs shall be paid by from the fund, except any "in house" services provided by the City or County. d. The Project Administrators shall follow normal County purchasing and contracting procedures as adopted by the County. e. The Project Administrators shall jointly review the bids and recommend the lowest and best contracts to the Jefferson City Council and Cole County Commission for approval. The recommended bid shall be approved by the Jefferson City Council prior to execution of a contract by the Cole County Commission. f. Financial Contribution. Per the attached development agreement, the Developer will contribute to the cost of the rail spur extension an amount that is equal to Twenty Cents ($.20) times the number of square feet contained in the Property. This contribution will be deposited into the Joint City & County Cooperative Project Fund Account. The City shall contribute one -half the estimated cost of the project after deduction of the Developer's contribution, on or before construction begins. At the conclusion of the project the County shall provide the actual cost to the City. The City shall either pay to the County additional amounts to pay their share or be refunded any unexpended funds remaining in the Joint City & County Account as well as interest accrued by the funds in Joint City & County Accounts shall be apportioned to the City and County in direct proportion to the amount of funds deposited. g. Timing. This project is a potential future project contingent upon the Developer's desire to have the rail spur extended on his property and upon the Developer meeting requirements as outlined in the development agreement. 5. Notices. All notices required or permitted hereunder and required to be in writing may be given by first class mail. If to City, notice shall be sent to the City Administrator at 320 East McCarty, Jefferson City, Missouri 65101. If to the County, notice shall be sent to the Cole County Commission at the Cole County Courthouse Annex, 311 East High Street, Room 200, Jefferson City, Missouri 65101. The date of delivery of any notice shall by the date falling on the second full day after the day of its mailing. 6. Agreement Binding. This agreement is to be binding on the successors and assigns of the parties hereto and is not to be assigned by either party without first obtaining the written consent of the other. 7. Applicable Law. The Laws of the State of Missouri shall govern the validity, performance, and enforcement of this agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year indicated below. Executed this ay of A74_, 2013 on behalf of the City of Jefferson,Mtssourt Eric Struemp Attest: Phylh Powell, City Clerk /.I41t 7/ Approved as to Form w Hilpert, . ity Counselor Executed this 5+ day of .5}.g.1).w1 , 2013 on behalf of the Commissio u of Cole Cou Puri Marc El anger, Presidin:" ommissioner Attest: —ryl(A.Le" 61")21-46 -1/)-A) « County Clerk "Ifftehal.■. 11114ii AO ,./14 Cole Co my Auditor I certify that there is a balance otherwise unencumbered to the credit of the appropriation to which it is to be charged and a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be incurred. This funding is subject to accounting officer certification in the future for the rail spur project, after appropriation and encumbrance of the funds. ECONOMIC DEVELOPMENT PROJECT MORRIS DEVELOPMENT PROJECT ADDENDUM This agreement is an addendum to the contract, by and between the City of Jefferson, hereinafter called "City" and the County of Cole, Missouri hereinafter called "County," for the cooperative City /County project identified as the Morris Development Project. The following additions /amendments are made to the original agreement: 1. The following addition is made to Section 3. Sewer Extension: h. Contribution Limits. The total financial contribution from each party shall not exceed $5,000, or $10,000 for the entire sewer project. 2. The following addition is made to Section 4. Rail Spur Extension. h. Contribution Limits. The total financial contribution from each party shall not exceed $125,000, or $250,000 for the entire rail spur extension project. 3. The City may obtain the right of way for the Rail Spur easement and/or the sewer easement by separate agreement with ALPLA, but if they do so the County shall not be responsible for payment of any portion thereof unless prior approval is granted by the County Commission. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year indicated below. Executed this yT i/ day of 2013, on behalf of the City of Jefferson, Missouri Eric Strue Attes Phylh Powell, City`Clerk Approve. . to Form ew Hilpert, City Counselor Executed this . r, day of , 2013, on be of the C • unty o Co Aim/ ■...1.2211, ommissioner Marvin ' egister, County C e" I certify that there is a balance otherwise unencumbered to the credit of the appropriation to which it is to be charged and a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be incurred. This funding is subject to accounting officer certification in the future for the rail spur project, after appropriation and encumbrance of the funds.