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 -
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Presiding icer May
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ATTEST:
ity C%rk .
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HGO '.RNMENIAL REEMINT
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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.
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"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.
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"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
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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
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amount of pollutants in or alter the nature of the pollutant properties in a wastewater pnor to
discharging such wastewater into the Collection System.
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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.
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"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.
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"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
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the Missouri National Guard's Sewer System.
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"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.
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" 4 Section 2. Provision of Sewer Services
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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.
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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
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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
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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.
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(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).
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' (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.
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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.
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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:
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(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.
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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
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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.
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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.
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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
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