Loading...
HomeMy Public PortalAboutORD12032 l BILL NO. 93-156 SPONSORED BY COUNCILMAN Nilaes ORDINANCE NO. 12032 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH THE MISSOURI NATIONAL GUARD FOR USE AND OPERATION OF LAGOONS. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: ection 1. The Mayor and City Clerk are hereby authorized and directed to execute a contract with the Missouri National Guard for the use and operation of lagoons. ection 2. The contract shall be substantially the same in form and content as that contract 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:_ "a - r � Presiding icer May R ATTEST: ity C%rk . •I.a yy..' i \idY,".,y t .y • erg ... 's . p ,p,v '?i z+Cb.,>, •:4V ;.v� ri .��y .r z, i s crS y� }G� 1.R, h"... i la t.++1 vw "s id�' xn tf` .,V,�p?� ✓ . . .a..., c ,:C...u.6:.....,... ..;d_ ._ .. :lr't'.,L U .'s...f �.5. . .. ._-:.•��4. '.t'�G:... .,._ ._. '"I. _�.L.i_ .R�� ., _.. F..i%i,_ 1 HGO '.RNMENIAL REEMINT ; 1 l THIS CONTRACT made and entered into this Ul- 1 ..,�_ da Y of V 994, regardless when signed by the parties hereto, by and between the City of Jefferson, Missouri, a constitutional charter city, and the Missouri National Guard; WITNESSETH: WHEREAS,the Missouri National Guard currently owns and operates certain lagoons on its property located east of the City of Jefferson, Missouri; and WHEREAS, the Missouri National Guard is not traditionally in the sewer and wastewater business and would desire to turn the responsibility for operation and maintenance over to the City of Jefferson; and WHEREAS,the City of Jefferson has traditionally been a provider of sewer and wastewater services and desires to utilize the lagoons to provide service to industries who may choose to locate in the vicinity of the Missouri National Guard; and WHEREAS, it is in the best interest of the City of Jefferson to utilize the Missouri National Guard facilities to provide the service on a cost effective method at this time rather than to extend. trunk lines from its main system; and WHEREAS, both parties agree to their mutual benefit to the arrangement as set out in this Agreement. NOW,THEREFORE;for and in consideration of the mutual covenants and agreements herein contained, it is agreed by and between the City of Jefferson, Missouri, and the Missouri National Guard as follows: Section 1. Definitions All terms which are defined herein shall have the same meanings for all purposes of this Contract as amended and supplemented, except where the context by clear implication otherwise requires. "Domestic Waste" -shall mean liquid waste (a) from the non-commercial preparation, cooking and handling of food or (b) containing human excrement and similar matter from the sanitary conveniences of dwellings, commercial buildings, industrial facilities and institutions. ' "Hereby, herein, hereinabove, hereinafter, hereinbefore, hereto, hereunder" - and any similar term referred to in this Contract and not solely to the particular portion thereof in which such word is used; :'heretofore" shall mean before the stated date of this Contract; and "hereinafter" shall mean after the stated date of this Contract. r •� , ,w. a y ��1t. x' �+zti+ Vii+% ' 'r� .+k,." o ..4:t �, +�,' sv` "Industrial Wastewater' - shall mean the liquid waste resulting from the processes employed in industrial,manufacturing,trade or business establishments,as distinct from domestic waste. Industrial ` = Pretreatment System shall mean any treatment plant, device, equipment or facility used or intended n to be used for the specific treatment of industrial waste to comply with Federal., State or Local pretreatment regulations and standards in which other wastes may or may not be present. Y. "Local Pro,)ect Cost" - shall mean that part of the project cost that is not paid for by either state or federal funding. "National Pollutant Discharge Elimination System(NPDES)" - shall mean the program for issuing, ' . conditioning and denying permits for the discharge of pollutants from point sources into the navigable waters, pursuant to Section 402 of the Federal Water Pollution Control Act. a "Operation and Maintenance Costs"" -shall mean the cost of operation,replacement,maintenance and } . administration of the City Wastewater System, including development and implementation of any regulatory programs which maybe required by grant conditions but not including project costs. "Project Costs" - shall mean all reasonable and necessary costs and expenses incurred in designing, financing and constructing the project, including but not limited to, costs and expense for obtaining necessary permits,licenses, approvals and grants for design and construction; architects',contractors, and 'engineers' fees; the cost of labor, material, supplies and services actually used in design and • fees for legal and consulting services; property acquisition; debt service; interest on construction; g bonds or other obligations to finance the Project Costs which shall be credited at the time bonds are ;x retired; and principal interest on bonds or other obligations to pay the cost of prior improvements of the project. k>n "Pretreatment" -shall mean application of physical, chemical, and biological processes to reduce the i amount of pollutants in or alter the nature of the pollutant properties in a wastewater pnor to discharging such wastewater into the Collection System. E!, xe' "Pretreatment Standards" - shall mean all applicable Federal rules and regulations implementing Section 307 of the Act,as well as any nonconflicting State or local standards. In cases of conflicting ' standards or regulations,the more stringent thereof shall be applied. n "Sewage" - shall mean the same as the word"wastewater" and is used interchangeably herein. 7 "201 Plan" - shall mean the document entitled 201 Facilities Plan. "User" - shall mean (any person, firms, corporation, private utility, public utility or other entity,, whether municipal or otherwise, discharging sewage to the City of Jefferson Wastewater System or the Missouri National Guard's Sewer System. ;f 2 j ' II i ti .y '' x .•�U• ,z r•8, +,, s ° tj � :> t } •}. i • 5 "Wastewater"- shall mean the same as the word"sewage" and is used interchangeably herein and has 4� the following meaning: all liquid or water-carried waste products from whatever source derived, together with such ground water infiltration and surface water as may be present, whether treated or untreated,which is discharged into or permitted to enter the City of Jefferson Wastewater System or g P t3' Y the Missouri National Guard's Sewer System. AM "Wastewater System" -shall mean any device, facility, structure,equipment or works owned or used by the City for the purpose of the transmission, storage, treatment, recycling and reclamation of industrial and domestic wastes,or necessary to recycle or reuse water at the most economical cost over the estimated life of the system, including outfall sewers,pumping,power and other equipment, and their appurtenances,extensions, improvements,remodeling,additions and alterations thereof, and any >, works, including site acquisition of the land that will be an integral part of the treatment process or � = is used for ultimate disposal or residues resulting from such treatment. ` ttn " 4 Section 2. Provision of Sewer Services �{ a. The City of Jefferson agrees to accept the wastewater from the Missouri National Guard area and to convey and treat same, except as hereinafter excluded. b. The wastewater from the Missouri National Guard shall be received by the City of Jefferson at a location indicated on the facilities plan, hereinabove described, and in new facilities hereinafter to be constructed,and treated in either the current Missouri National Guard lagoons or in the City of Jefferson's heretofore existing treatment plant for discharge to the Missouri ' River, in accordance with the requirements of any valid NPDES permit in effect during the a term of this Contract. ._ C. The City of Jefferson agrees to accept all users who desire to connect to the system hereinafter operated by the City, provided all commercial and industrial users desiring to connect to the °> system shall be reviewed by the City of Jefferson to assure the nature of the effluent meets all fi regulations and requirements and can be served within the capacity made available to the Missouri National Guard. In the event that during the term of this contract the Missouri National Guard desires or needs additional capacity it shall have priority over all other users for such capacity up to the current capacity. Any need for additional capacity above current capacity shall require the parties to negotiate appropriate changes in the contract regarding capacity and appropriate charges therefore. d. The characteristic of the wastewater discharged to the City of Jefferson shall be in conformity with the Ordinances and Regulations pertaining to the use of the wastewater system of the City of Jefferson and in accordance with all State and Federal Laws, Rules and Regulations including the requirements for pretreatment,whichever is the most restrictive. Wastewater not r in conformity with such Rules and Regulations shall not be permitted to flow through the 3 SEEM r t�4 •.s ` a!�'rP `"'pps , .V, <i.1 s ..t.. t� r 7 y '" --•,,+•�-^ .L -4 :y•.- ,..c,a,.,-.S •.,�,,gb�,ti9T"� z. ` .�„',a¢R. a.__i ;vL'rS 7° t ' sewer system of the Missouri National Guard into the City of Jefferson's wastewater system. Sect, ion 3 in2truction Maintmance and Operation of Facilities 1. Grantor shall grant to City the right over and across the land described for the purpose of clearing, trenching, laying, constructing, maintaining and repairing sewers or pipelines necessary ` convenient to City's general plan of sewage disposal in the area, with all of the necessary apparatus and appurtenances. 2. Grantor has caused to be constructed certain lagoons on its property which the City agrees to assume all responsibility for operating. 3. Grantor hereby covenants and agrees that it will permit City, by and through its proper officers,agents or employees, at any and all times, when necessary convenience so to do,to go over and upon the described land in order to perform any and all acts necessary or convenient for City in order to maintain or repair the sewer or sewers or pipelines or lagoons and properly to carry into effect the purposes of this Agreement. 4. The land described in Attachment "A" shall be kept by Grantor in such condition at all times that City, by and through its proper officers, agents or employees can enter upon the land without any hinderance or obstruction in connection with the construction, maintenance, repair or operation of the lagoons, sewers or pipelines. 5. City shall not be liable for any fences about the land. 6. City agrees as follows: (a) Grantor shall comply with the provisions of City ordinances relative to discharge of sewage into the City system, including, but not limited to, any requirements for pretreatment. (b) The City will hold the NPDES operating permit for the lagoon facility. The Missouri National Guard will maintain ownership of the facility. All land rights will be by license or permit and will be temporary. (c) The City will process an NPDES operation permit application with the Missouri Department of Natural Resources. Grantor will provide any required paperwork showing consent with the application as the owner of the lagoon facility. (d) The City will operate the facility. Grantor will pay no costs over and above the costs incurred if the Grantor operated the lagoon facility. 4 i l.�A tv, _.,.. `. �;.. .j •.:i...�s,.� _ c ' '�. t£ ,f .«F',. Y 7 1.-i+CSl.,:1F,N t tiV ' . .'.',`t4 '4,y �'Yom' LL✓ .,tom .. - • r . � A (e) The City will modify the lagoon facility to function as a direct discharge lagoon, at no cost to Grantor. (f) The City is held responsible for the NPDES permit compliance, the Grantor will be regulated and permitted by the City of Jefferson to assure compliance with the City pretreatment and sewer use ordinances. (g) In the event the City extends a sewer service to the area, Grantor will only be charged sewer fees in accordance with standard sewer rates found in the City Code and will not be charged a"hook up" fee. The Grantor maintains the option to continue use of the lagoon system and not connect to a future City service. In this arrangement, the City would not close the lagoon and would return operation of the lagoon back to the Grantor. The City would be responsible to assure the lagoon shall be in satisfactory condition with no impairments due to usage by sources other than the Grantor. (h) The City will bear the costs and the responsibility of closing the lagoons according i to the Missouri Department of Natural Resources' standards at such time that the City provides an alternate method of disposal. 7. Grantor agrees as follows: f. (a) Grantor will make the following one time improvements to the lagoon at no cost s to the City: (1) Removal of cattails. (2) Establishing a suitable all weather road to provide access to the lagoon facility. (3) Construct fencing modification around the lagoon facility. (4) Assure adequate berming (berm repairs and grading deficiencies are corrected). (b) Grantor will pro vide the necessary authority and means for the City to access the lagoon facility any any time. (c) Grantor will pay for analysis of three(3) lagoon sediment samples for BTEX and the following heavy metals: cadmium,chromium, copper,lead,nickel,zinc and silver. The City will be responsible for collecting the samples and submitting them to a contracted laboratory. The . estimated total cost for analysis of the three(3) samples is Five Hundred Seventy Dollars($570.00). 5 i hw ' (d) Grantor will additionally license to the City operation of the collection system. n' Grantor will allow access required for operation, maintenance and inspection to include flushing, testing and sampling of all sanitary sewer facilities. 3; 8. If additional discharging facilities are connected to the lagoon facility and the lagoon 'Y facility reaches its capacity, Grantor will have first priority to use the lagoon and will not be disallowed service in favor of another discharger. Section 4 Damaaes• If any damage is done by the use of the facilities to the lands of Grantor, other than the land included within the lagoon area or the access thereto,then the City shall reimburse Grantor for any ` and all damages incurred by Grantor. Grantor, by signing this Contract, does not waive any righ t to recover for damages, but any recovery shall be limited to those damages that arise from the use of the facilities solely and independently of any and all other causes. f ; Section 5. Permits. The City of Jefferson agrees to use its best efforts to obtain the necessary permits,materials, labor and supplies,and to obtain State and Federal grants and to borrow fiuids and issue revenue bonds therefor. It is expressly understood and agreed,however,that any obligations on the part of the City ;.. of Jefferson to complete the facilities and provide the services to the Missouri National Guard shall . be conditioned upon the following: ,f (a) Receiving the necessary permits from the Missouri Department of Natural F` Resources and the United States Environmental Protection Agency. (b) The ability to obtain all necessary materials, labor and equipment necessary for completion of the facilities. Section 6 Charggs and Rates. s In consideration of the transfer to the City of the right to utilize the facilities of the Missouri National Guard to provide other customers sewer service for which the City may charge whatever rates r it negotiates and the maintenance and operation to be provided by the City, the Missouri National Guard shall not be charged any monthly fees for its wastewater directed towards the lagoon facilities. The Missouri National Guard shall bear all costs for collection system extensions and connections to service Missouri National Guard establishments and activities. The approved time for which no charge shall be made by the City shall be that period of time during which the City continues to operate the lagoons as described above, At such time as the City extends a trunk line and eliminates the need for the lagoons,the Missouri National Guard shall be 6 I, , connected and thereafter shall pay to City its nonnal charge for similarly situated customers. No connection charge shall be paid by the Missouri National Guard to the City. Upon the elimination of the lagoons, all right and title to the lagoon areas shall revert to the Missouri National Guard. Section 7, Industri-d Pretreatment. The Missouri National Guard agrees to establish an industrial pretreatment system and to monitor the Missouri National Guard's sewer system in accordance with the requirements and regulations of the United States Environrnental Protection Agency as they apply to either the Missouri National Guard or the City of Jefferson. Any and all reports required to be filed with either the Department of Natural Resources or the U. S.EPA on behalf of the Missouri National Guard shall also be sent to the City of Jefferson. The City of Jefferson reserves and is hereby given the right to inspect any and all facilities within the Missouri National Guard as they relate to industrial pretreatment and other discharges which affect treatment and operation of facilities in connection with this Contract. Section$ Expansion of City of Jefferson Facilities. If the capacity of any part of the wastewater facilities covered by this agreement is exceeded, ' the Missouri National Guard and City of Jefferson representatives shall authorize a study of the Missouri National Guard system to determine the sources of present and anticipated future flows. The study shall be completed by an entity mutually agreeable to both parties and funded by the City. The study shall address cost-effective alternatives for the efficient elimination, control or pretreatment of all wastewater affecting the system. These should include but shall not be limited to: system rehabilitation, inflows, control, in-line equalization, water conservation measures, pretreatment, alternative treatment locations and expansion of City of Jefferson facilities. Upon mutual consent to the necessity to upgrade the Missouri National Guard Lagoon system to accommodate additional flows from the Missouri National Guard in excess of five hundred(500) population equivalent,it is agreed that the City of Jefferson shall proceed with the required design and f construction to provide the needed capacity in a reasonable time period. It is understood that the terms for this expansion will provide that the Missouri National Guard participate in the total construction cost of the upgrade in proportion to the capacity to be apportioned to the Missouri National Guard as compared with the total capacity of the expanded treatment plant. The Agreement for the Missouri National Guard to participate in future upgrade costs is contingent on approved appropriated funding for the improvement. No reference to future upgrade costs to be provided by Grantor are part of this Agreement. Any future upgrade costs provided by Grantor should be in a separate agreement. If the Missouri National Guard loading is less than five hundred(500 population equivalent,the Missouri National Guard shall not be required to bear any construction costs related to lagoon expansion. 7 l I r , � ) F a Y.,,i•..�. :. .. _ ?rA.ha� :_.r. nil .. ..,{:_i.rt. Y.5 < Y.7..,u. ,r,�l.a..s-\ ..t_.. tii.Tr'i°wr 1.'�.. ..(:•y.n.. .ttl.J: A � 110 -044 ,YN Section 9 Term of C-on r c . This contract shall be in effect from the date and year first written above through the 15th day .v of July, 2000 (the"Original Term"),unless terminated before such date under the terms herein. This contract shall be extended automatically beyond the Original Term for four(4) consecutive five(5) year terms (the "Extension Terms"), unless either party hereto notifies the other party in writing of such party's intent not to extend the contract for any such Extension Term no less than two (2)years prior to the beginning date of any such Extension Term. Section 10, Modificati o . .. Except as herein provided, this Contract may be changed or modified only upon mutual consent. Such change or modification may be requested by either party, in which event a meeting of the representatives of both parties shall be held within ninety(90) days after giving them a written 3 notice, at which meeting the requested changes or modifications shall be considered and discussed. Section 11 Severability Should any part,terms or provision of this Agreement be declared illegal by the courts or in conflict with any law,the validity of the remaining portions or provisions shall not be affected thereby. Section 12 Assignment 3 This Agreement shall inure to and be binding on the successors and assigns of the parties hereto provided that no assignment shall be made by either party without the express consent and approval of the other party. Section 13 Cancellation. Notwithstanding any other provision in this contract,this contract shall terminate prior to the expiration of any term if either party elects to terminate this contract by written notice to the other in the event that such arty has failed to cure a material breach of the contract within ninety(90) party p days of receipt of written notice from the party electing to terminate this contract describing any such breach of this contract. The Missouri National Guard shall have the right to terminate this contract for any reason upon giving no less than two(2)years'prior notice to the City of Jefferson. In the event of termination prior to the payment of all capital costs as contemplated under subpart 1 of Section 4 relating to the sewer extension, all principal balances and unpaid interest payable at the time of termination shall be paid in one lump sum at that time. 8 t> pdi •A L In . r.4. ,� .. �«-. _ ,:..roe`. ..� ..., ,�`. . .., ,. rory •G.: ._d..:' .!fie .1+.'�';,.� >r y1 ita.,,.:.y"R';y)rn_ �:� J'_ _ r�'.. LIT Section 14. ApplicablgLaw. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. x S_e_cItion 15, Notices All notices, consents, authorizations, requests and statements hereunder shall be deemed to have been properly given if delivered by and or mailed by first class United States mail, postage prepaid, if to the Director of Public Works and the City Counselor, City of Jefferson at 320 East k McCarty,Jefferson City, Missouri 65101, and if to the Missouri National Guard, c/o Col. Robert A. r Morgan, Chief of Staff, Missouri National Guard, 1717 Industrial Drive, Jefferson City, Missouri F 65109-1468. IN WITNESS WHEREOF,the City of Jefferson and the Missouri National Guard have caused this instrument to be executed, seals affixed hereunto where needed, and attested or witnessed where necessary, all as of the day and year first above written. MISS IO ARD B , Its RAM= L. PdMMMASS MAJCR GFSMM (MO), MMG The Adjutant General Secretary t CITY OF JEFFERSON, MISSOURI By: AD May ATFEST: City Clerk APP ED O FORM: City doQiZelor i 9 Ilk: E is> ,i}sq.�I� 4 Y � .x, w,��^S7,meta^jy �titn�::S-�J(1; ,a,,t;l:.is�,• c�,r .�`n�d`t{�{{S�L:�I b_. st+�5• i.��1u i?«, r -P.. . i � :mil'. S ✓` >di CSC. .d...R>..t ....ir. l a/.Y..... Af.. _1✓.... M'3 �.J.. _ Ac�.2:." i•