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Home My Public Portal AboutORD13556 BILL NO.__ 2003-2Q SPONSORED BY COUNCILMAN iron r ORDINANCE NO._ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH PUBLIC WATER SUPPLY DISTRICT NO. 4 FOR FIRE PROTECTION FACILITIES AND SUPPLIES, 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 an agreement with Public Water Supply District No. 4 for Fire Protection Facilities and Supplies. Section 2• fhe agreerent shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: (� /,� ,,..�-,.� /�� %'> Approved:(_ .P siding Officer ' Mayor A EST, APPROVED AS 'f0 FORM: y% City Clef` _ City Counselor / AGREEMENT RELATED TO FIRE PROTECTION FACILITIES AND SUPPLIES WHEREAS, Public Water Supply District No. 4 of Cole County(hereinafter"PWSDD No. 4") and City of Jefferson, Missouri (hereinafter"City"), are political subdivisions of the State of Missouri charged by Constitution and Statute to serve the citizens of their respective jurisdictions according to the statutory division of responsibility: and, WHEREAS, various projects involving construction on public right-of-ways owned or controlled by PWSD No. 4 or City are being planned and contemplated by both the PWSD No. 4 and City: and, WHEREAS, it is desirable to have an agreement regarding relocation costs of existing facilities between PWSD No. 4 and City: and, WHEREAS, the City recognizes that fire protection services can be enhanced with additional fire hydrants in certain areas of PWSD No. 4's jurisdiction. NOW WHEREAS, in consideration of the terms, conditions, obligations, and covenants hereinafter set forth, the parties agree: 1. Use of Fire Hydrants. City shall have full use of all fire hydrants owned or controlled by PWSD No.4, both presently existing and hereinafter constructed,forthe term of this agreement for the sole purpose of firefighting only 2. Installation of Fire,Hydrants. PWSD No. 4 and City adopt a standard for construction and placement of fire hydrants at a distance no further than every six hundred (600) feet in residential areas, and no further than every three hundred (300) feet in commercial or industrial areas. PWSD No. 4 agrees to aid City in the enforcement of its ordinances regarding the development of unimproved areas inside the City. For improved 11:10aiucl fil mist Vs,Walcr District 1614 Ire II1lImm%I'INAI.UIHIdI d 5 I6.0311P�1 areas riot meeting the criteria as set out herein and in the Ordinances of the City, the following shall apply: a. Public Policy. It is the policy of both PWSD No. 4 and the City to support development and growth of the community, and the extension of water service, municipal services and utilities. b. PWSD No. 4's Responsibilities. PWSD No. 4 shall install five (5) fire hydrants per calendar year at places and locations determined by the City and PWSD along and adjacent to PWSD's present water lines serving the City. The City shall compensate PWSD No. 4 one hundred percent(100°/x) of material cost forthe five (5) fire hydrants per calendar year. The cost of installation shall be the responsibility of PWSD No. 4. This shall continue for the term of this agreement or until the criteria of one (1) hydrant per every six hundred (600)feet in residential areas and every three hundred(300) feet in commercial and industrial areas, is satisfied. c. Discretionary Hydrants. PWSD may install additional fire hydrants as it deems appropriate. Reimbursement for part of the costs of any fire hydrants installed in addition to the five(5) possible per calendar year, (under b. above) shall only occur if the installation is agreed to by PWSD No. 4 and City in advance. Installation of agreed upon additional hydrants shall be done with the cost of materials shared on a 50/50 basis. d. Hydrant Color. The color of the fire hydrants maintained by PWSD No. 4 will be light blue in color within the City. The City may add a reflective coating to the bonnet of the hydrant or place a reflective flag attachment on or near the hydrant to aid in visibility of the hydrant as needed. e. Hydrant Maintenance. PWSD No. 4 shall maintain or cause to be maintained all fire hydrants attached or supplied by their system. The hydrants will be II"Conhacl l'dn.iuu k's Waler I)ottici d4'1 ire II>dranls ANAL i1xh(rd 3J6.Ot%;d 7 repaired on a timely basis and the Fire Department will be notified when a fire hydrant will be out of service for repairs. All fire hydrants will be Inspected and flushed annually by PWSD No. 4. f. Replacement of Water Pipe, PWSD No. 4 agrees that a minimum standard of six (6) inch pipe shall be used for any replacement or new construction in residential areas. All new construction and reconstruction in commercial and industrial areas shall be done utilizing American Water Works Association Standards, but shall not use less than eight (8) inch pipe. g. Street and Curb Cuts. All street and curb cuts for construction of fire hydrants will be at no City permit cost to PWSD No. 4. h. System Mapping. PWSD No. 4 shall provide the City annual updates showing water mains and fire hydrants maintained by the PWSD in the City Limits of Jefferson City. An initial map of the system shall be provided by September 1, 2003. PWSD further will provide an other maps showing water mains and fire hydrants in their p Y p possession for their District. 3. Relocation Policy: City shall pay 100% of costs for relocating existing equipment and facilities of PWSD No. 4 in conjunction with roadway improvements or roadway extension if said equipment and facilities are located on a private right-of-way or private easement when necessary for a City project. PWSD shall pay 100% of costs of relocating existing equipment and facilities in conjunction with roadway improvements or roadway extensions if said equipment and facilities are located on a public right-of-way or public easement when necessary for a City project. 4. City Access to Records of PWSD. PWSD No. 4 agrees to provide the City customers account water usage and access as City deems necessary for City sewage users. II:Tanuact Files mist VsMatcr Utstr'ct H-ITire II dr ws HNAI.u mated 5-I(0)l .st 3 Y I I 5. Term. The term of this agreement shall be for five (5) years with five, five year renewals from the date of execution except, that it shall be subject to cancellation by either party upon ninety day (90) days written notice prior to each anniversary date of the execution of the agreement and at any other times upon good cause shown. 6. Section 10. Assi nment The City of Jefferson and PWSD No. 4 shall not assign any interest in this Agreement, and shall not transfer any interest in the same whether by assignment or novation. 7. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. 8. Notices. All notices, consents, authorizations, requests and statements hereunder shall be deemed to have been properly given if delivered and/or mailed by first class United States mail, postage prepaid, to: City Administrator and Fire Chief City of Jefferson, 320 East McCarty, Jeffrerson City, Missouri, 65101 and PWSD No. 4, TI Jefferson City, Missouri IN WITNESS WHEREOF, this Agreement has been executed by the parties on the dates so indicated. The last date appearing below shall be the date of execution. This Agreement shall be binding upon and shall inure to the benefit of the parties thereto and their successors and assigns. PUBLIC WATER SUPPLY DISTRICT NO. 4 CITY OF JEFFERSON President Mayor ATTEST: �� ,� �` ATTEST: , Wat r District Clerk / Cityy C' k DATE: ~�- �l__ ,�j DATE:__(`{ APPROVED AS Q CORM.; ,� ® �- City CounsP, or II:Contract Filea`ntisc VVWnlcr District tW':Fire Ilydrnnts FINAL updated S.16.03.wpd 4