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PASSED AS AMENDED
r BILL NO:, 98-111
as SPONSORED BY COUNCILMAN Landwehr & Nil es `
'.�. ORDINANCE NO.---
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
! MAYOR AND CI'T'Y CLERK TO EXECUTE AN AGREEMENT WITH THE STATE OF
MISSOURI FOR PRISON RELOCATION.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURi, AS
FOLLOWS:
J{► Section 1. The Mayor and City Clerk are hereby authorized and directed to execute
an agreement with the State of Missouri for Prison Relocation. �
Section 2. The agreement shall be substantially the same in form and content as
"chat agreement attached hereto as Exhibit A.
Secftign 3. This Ordinance shall be in full force and effect from and after the date of
its passage and approval.
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Passed: �G r / _ Approved:
Presiding Officer mayor
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ATTEST: APPROVED AS TO F M:
ACIIE Clel City C selor i
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AGREEJ:fENT
;�. BY AND DE7 WEEN
TIIE'STATE OF MISSOURI, BYAND
TTIROUGH T11E.oEPARTMENT OF CORRECTIONS AND
THE OFFICE OF ADMINISTRATION, DIVISION OF DESIGN
AND CONSTRUCTION AND THE CITY OF JEFFERSON, MISSOURI
THIS AGREEMENT entered into this 21" day of October, 1998, by and between the State of Missouri,
acting by and through the Department of Corrections and the Office of Administration, (hereinafter"State')
and the City of Jefferson, Missouri.(hereinafter"City").
V'nJERI�'-� .S,the State has determined that it is necessary to replace the Jefferson City Correctional Center
(hereinafter"JCCC"); and
WBEREkS,the State will incur substantial costs in the process of replacing JCCC, not only in construction,
` but in site acquisition and improvement; and
VVH ;RFAs, JCCC is a major employer in the Jefferson City/Cole County area; and
V€TIiiF;l�..FAS,a State decision to site the replacement for JCCC outside the Jefferson City/Cole County area
would have a major, negative impact on the economy of Jefferson City and Cole County; and
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WHEREAS, other communities have expressed an interest in offering the State incentives to locate the
replacement for JCCC smtside the Jefferson City/Cole County area; and
1 .„ WHEREAS,the City desired for the above reasons to induce the State to replace JCCC with a facility in
the Jefferson City area; and
J VVHEEEAS,expenditure of City funds for local job preservation and economic development purposes is a
proper municipal purpose; and
WHEREAS,the Joint Committee on Corrections of the Missouri.Legislature recommended to the Governor
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that JCCC be designed and constructed to house not less than one thousand eight hundred (1800) inmates
be located in or.near Jefferson.City, Missouri; and
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WHEREAS, the Stato has requested that the City assist the State in obtaining real property in or near
Jefferson City on which JCCC will be located (the "Site"); and
'ryVHEREAS,because of the jobs and other economic benefits to the City and the region that are expected
to result from the location of JCCC in or near Jefferson City, the City has agreed to assist in the provision
of the Site to the State ou the terms and conditions hereinafter set forth.
X30 , THERE FORE,the parties hereto agree as follows:
The State will make reasonable efforts to acquire a site for prison development in the
Jefferson City/Cole County area, through purchase, eminent domain, or other methods.
2. The City agrees to bear financial responsibility for the State's acquisition costs, up to a
Inaxinnum cash amount of Five Hundred Thousand Dollars($500,000.00)so long as the property is acquired
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through negotiation and not as a result of a commissioner's award or a jury's verdict in a condemnation
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proceeding. The City agrees that such payment shall be made from its sources or from the City directly to
the sellers of the site property, but shall not be made to or from the State. Title to the real property shall
October 21,199e
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vest at closing or at the conclusion of any judicial proceedings in the Governor of the State of Missouri. In
,..� the event the State proceeds to take title to the property by means of condemnation proceedings, the City's
contribution shall be used to defray the State's cost of construction and shall be paid as directed by the
State.
3. To the extent that the State's site acquisition costs exceed Five Hundred Thousand Dollars
($500,000.00), the City agrees to contribute up to an additional rive Hundred Thousand Dollars
($500,000.00), for a inaximum contribution of One Million Dollars($1,000,000.00), to reimburse the State
for such costs, by: (1)improving or bearing the cost for improving the site, for example with water, sewer,
utility, of other infrastructure improvements; (2) contributing toward the redevelopment of the present
JCCC site, either through improvement, environmental remediation, or other methods the parties agree to;
(3)netting such excess cost against charges for City-supplied utilities over a period of time ending five years
from the date construction is commenced at the site the State finally acquires; or (4) any combination of
items 1-3. I'he value of such improvements or rate offsets shall be agreed to by the parties based on
information from the City.
4. A part of the property(amounting to ten (10) acres more or less) acquired or existing shall
be provided to the City for a waste water treatment plant and for a roadway to access such plant. The
parties shall agree as to which ten (10) acres shall be retained by the City.
5. City and State shall enter into a separate agreement for the provision of City utilities and
services to bath the new facility and the presently existing facility in the Algoa area. The cost to the State
for the provision of sewer and water service shall be the State's share of the City's cost of construction, debt
service,operational costs (including overhead), a reasonable reserve for future anticipated capital costs and
any other related costs all of which shall be agreed to by the City and the State in the course of the
negotiations. In no event shrill the cost to the State expressed in a rate per thousand gallons for such sewer
and water service be less than the rate charged to City residents. The State shah' also pay the City a
.: connection fee for such sewer and water service as shall be agreed to by the City and the he State. Sewer and
water service to JCCC shall be made available to JCCC on a elate to be specified in the agreement to be
i entered into by the City and. the State for sewer and water services. The State shall be obligated to
t commence payment of sewer and water fees to the City as of such date whether or not JCCC is operational.
City shall bear all cost of the facilities above the State's share, estimated to be Three Hundred Thousand
Dollars to rive Hundred Thousand Dollars($300,000,00-$500,000.00).
s� 6. The State intends to contract with a private developer for the construction and lease back
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of JCCC. If,for any reason other than a failure of the City to convey or cause to be conveyed the Site to the
State in accordance with this Agreement, the State fails to enter into a lease/purchase agreement or a
construction contract for the:construction of the prison at a site within Cole County, Missouri, on or before
June 30, 2002, the State, on demand from the City, shall reimburse the City for the purchase price of the
Site paid. by the City. If the sole reason for the State failing to move forward with a lease/purchase
agreement or a construction contract is the result of a valid court order from a court of competent
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urisdiction or litigation which prevents either party from performing their obligations under this
' agreement, the date set out,shall be extended to the termination of said court order or litigation plus ninety
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(90)days.
7. The City intends for the completed facility to be within the City and anticipates annexation
of the appropriate area. The State agrees not to contest any annexation attempt by the City involving the
j.. Site. }
S. This instrument contains the entire agreement between the City and the State concerning
the transfer of title to the .real property and may not be changed or terminated orally. Any documents
rcforred to herein are not incot porated herein and are not a part of this agreement except to the extent the
terms thereof are specifically restated herein or in an exhibit.
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If for any Peason the Site is not acquired within tole County, all obligations of the City shall
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cease.,
10, Time shall be of the essence in the performance of each and every obligation and undertaking
by the parties in this Agreeament.
' 11, This Agreement shall bye interpreted and governed in accordance with the laws of the State
of Missouri.
IN WITNESS WHEREOF, the parties hereto have put their hands on the date first above written.
STATE OF MISSOURI CITY OF JEFFERSON, MISSOURI
OFFICE OF ADMINISTRATION
n, Commissioner 13uane Schreimann, Mayo,
f'1 STATE OF MISSOURI f�T'd'EST:
DEPARTMENT OF ^ORRECTIONS
ra S b.riro, Director --
t, k'hyili cell
City Clerk
APPR VE t
TO ORM:
B. en arner
?`t j City Counselor
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44,0P x�.xr}Stir t Yi at �'. t ti7w4.t to 1}�j`y der
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i move to amend the contract by substituting the following paragraph 2 for the current
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paragraph 2 as €ol.lows: �
Proposed paragraph 2
{ The City agrees to bear financial responsibility for the State's acquisition costs,up to a maximum
cash amount of Five Hundred Thousand Dollars ($500,000.00) SO lon 5L1h"WWzWjLRMUiMd
�hro�ig ,�egjion ar�12t as a result of a commissianec' awra�d�r
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The City agrees that such payment shall be made from its sources or 4 ..
from the City directly to the sellers of the site property,but shall not be made to or from the State. 7
Title to the real ro erty shall vest at closing or at the conclusion of any judicial proceedings in the
:I Coveror of the State of Missouri. In the event the State proceeds to take title to the property by i
means,of condenin.ation proceedings,the City's contribution shall be used to defray the State's cost
t of construction and shall be paid as directed by the State.
: Current prar ph 2
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The City agrees to bear financial responsibility for the State's site acquisition costs, up to a
maximum cash arnow .cif Five Hundred Thousand Dollars($500,000.00). The City agrees that such
payment shall be made front its sources or from the City directly to the sellers of the site property,
' . or to such escrow account as may be ordered by the court,but shall not be made to or from the State. ,
1, Title to the real property shall vest at closing or at the conclusion of any judicial proceedings in the
Governor of the State of Missouri.
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