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Home My Public Portal AboutORD13640 BILL NO. 2003-118 _ SPONSORED BY COUNCILMAN _ Anale ORDINANCE NO.�_ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN ADJUSTMENT TO THE 2002-2003 BUDGET BY ADDING $500,000 INTO THE GENERAL FUND, AND REDUCING THE ROAD AND BRIDGE FUND BY $500,000. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The 2002-2003 budget of the City of Jefferson, Missouri, is hereby adjusted by adding the net amount of $500,000 into the General Fund, and reducing the Road and Bridge Fund by the net amount of $500,000, as outlined in Exhibit A attzchod hereto. Section 2. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Pass e d:/C�" f'-mil % !' --T Approved: % f Pre ds nii g Officer Mayor ATTEST: APPROVED AS O FORM: City C erk City Counselor SErrLENIENT THIS SETTLEMEN'r, made and entered into this day ofj_/ 200'.1 by and . between the City of Jefferson, (the "City") with offices at 320 East McCarty, Jefferson City, a municipal corporation in the County of Cole and the State of Missouri, and the County of Cole ("County"), a first-class County without a charter form of government, with offices at 311 E. High, Jefferson City, Missouri. WHEREAS,the Cityhas a claim against the County arising from and as a result of§137.556 RSMo, for the years spanning 1997 to 2002, and the County has asserted certain legal defenses to those claims; and WHEREAS,there is a bona fide dispute as to the validity of the claims and defenses of either party and as to the amount thereof-, and WHEREAS, the parties hereto desire to compromise, adjust and settle said dispute upon the terms and in the manner herein provided; and NOW THEREFORE,in consideration of the premises and ofthe compromise of said disputes and the full and complete settlement of the matters and things recited herein. the parties hereto have agreed and do hereby agree as follows: I Resolution of Past Years. The County agrees to pay to the City the sum of One Million Dollars ($1,000,000) in complete settlement of all claims arising Linder §137.556 RSMo. arising prior to January 1, 2003, said sum to be payable as follows: a. An initial sum of One Hundred Thousand and no/100 Dollars ($100,000.00) the receipt of which is evidenced by the execution of this Agreement and Settlement,and is acknowledged herein by the City. b. Payments of One Hundred Thousand and no/100 Dollars (S 100,000.00) per year for the next nine(9) years, subject to appropriations,payable on February I" and on the same date for each successive year, provided however that should the County fail to appropriate said sums in any given year, the entire remaining balance shall become immediately due and payable with interest at the rate of 9% per year beginning as of February 1'`of that year and further that in exchange for the City's acceptance of this payment schedule the County does hereby waive any defense based upon any statute of limitations or]aches, 2. Resolution of Cut-rent Year. The parties agree that in complete satisfaction of the County's responsibilities under §137.556 RSMo. for the current year, the County will pay the City the surri of Four Hundred One Thousand Nine Hundred Thirty-Eight and no/100 Dollars ($401,938.00) which has already been tendered by the County, the receipt of which is evidenced by the execution of this Agreement and Settlement, and is acknowledged herein by the City together with any additional sums that may be required based upon final assessment Figures on or before December 1, 2003, 3. '['lie City (toes, for itself, its predecessors, successors and assigns and any one claiming through or under it or them, remise, release and forever discharge the County, and its predecessors, successors and assigns, and all its past, present aIld future officers, directors, agents and employees,and/or each of the aforesaid(all hereinafter ref en•cd to as"Ike]cases") fi•onl all claims, actions, causes of action, suits, debts, dues. Sums of money, accounts, reckonings, covenants, contracts, controversies, agreements, promises, representations, restitutions, damages and demands whatsoever ill law or in equity, which against Releases it or its predecessors, successors cvcr had, now has, or which it or its predecessors, SuCCCSSON and assigns hereafter can, shall or may have in its or then'own name or nallles or Jointly with Or through any other person,a natural or corporate, for,upon, or by reason of any act,natter,transaction,cause or thing;whatsoever fironl the beginning of the world to the date of these presents by reason of any act, matter, transaction, cause or thing whatsoever connected with, referred to or in any mariner asserted or involved in Said dispute arising under ` 137.556 RSMo for the years spanning i 9O7 to 2002. 4. The County does, for itself'. its predecessors, successors and assigns and any one claiming through or under it or them, remise, release and forcver discharge the City, and its pre(ICCCSSOrS, successors and assigns, and all its past, present and fUturc officers, directors, af;ents an(i employees,aruf for each ot•the aforesaid(all hereinafter referred to as"Rel cases") Front all clailllS, aC110115, cauSCS 01' action, suits, debts, dues, sums of money, accounts, reckonings, covenants, contracts, controversies, agreements, promises, representations, restitutions, damages and demands whatsoever in last= or in equity, which against Releases it or its predecessors. Successors ever had, now has, or which it or its predecessors, Successors and assigns hereafter call, shall or may have 111 its or their own name or names or .jointly with or through any other person,a natural or corporate, 1o1•, upon,or by reason of any act, matter,transaction.Call:iC 0J'thlllg whatsoever from the beginning of the world to the(late of these presents by reason of any act, matter, transaction, cause or thing whatsoever connected with, referred to car' in July manner asserted or involved in said dispute over the Road and Bridge "fax dispute: lilt' the years spatitlitit, 1917 to 2002. 5. Non-Admission. No actions taken by any of the parties hereto shall be deenled or construed to he all LdllliSSi0ll (1l'the truth or I,Ilsity of any matter pertaining to any claim or defense alleged by or on beflal f of the parties in the (dispute, or an acknowledgment by any of the parties llcl'clo of any llabilltl' to the other parties or to any person oil '.Illy other claim, demand, or action, all liability being expressly denied by the parties. It is understood and agreed that this Agreement is the compromise cif a disputed claim, and that the payment made is not to he construed as an admission of liability on the part of any party or parties hereby released. 6. Costs of Enlorcenlent. 'I he parties agree that, ifany party to this Agreement is the prevailing party in any action to set aside this Agreement or involving another•party's or parties' breach Ofoblig00011s under this Agreement, tllCtl such prevailing party shall be entitled to recover From the other party or parties the costs and 1•CaSOMI lC attorney fees incurred ill the defense or pursuit of such action. Fiscal Year 2003 Budget Adjustments Exhibit A GENERAL FUND: Revenue 1000-0000-0335-0080 $500,000 Road&Bridle"Tax Expenditure: Engineering Department: 1000-4100-1010-0100 Salaries $ 46,980 1000-4100-1030-0000 FICA 3,590 1000-4100-1040-0000 Health Ins 5,100 1000-4100-1070-0000 Retirement 6,200 1000-4100-1090-0000 Workers Comp 100 1000-4100-1110-0000 Life Ins too 1000-4100-1120-0000 L"I'Disability 110 1000-4100-1150-0000 EAI' 20 Street Department: 1000-4200-1010-0100 Salaries 178,100 1000-4200-1030-0000 FICA 13,630 1000-4200-1040-0000 Health Ins 24,250 1000-4200-1070-0000 Retirement 23,510 1000-4200-1090-0000 Workers Camp 8,410 1000-4200-1110-0000 Life Ins 360 1000-4200-1120-0000 LT Disability 440 1000-4200-1150-0000 E:AP 100 1000-4200-1550-0000 Chemicals 70,000 1000-4200-1565-0000 Drainage Material 9,000 1000-4200-1570-0000 Street Material 110,000 ROAD& BRIDGE FUND: Revenue: 3400-0000-0335-0040 Local Grants 4(500,000) Expenditures: 3400-3400-1010-0100 Salaries $ (225,080) 3400-3400-1030-0000 Social Security (17,220) 3400-3400-1040-0000 health (29,350) 3400-3400-1070-0000 Retirement (29,710) 3400-3400-1090-0000 Workers Comp (8,510) 3400-3400-1110-0000 Life Ins (460) 3400-3400-1120-0000 LT Disability (550) 3400-3400-1150-0000 EAP (120) 3400-3400-1550-0000 Chemicals (70,000) 3400-3400-1565-0000 Drainage Material (9,()00) 3400-3400-1570-0000 Street Materials (110,000)