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HomeMy Public PortalAboutORD12085 r M �s+AnlNlr tot rft .. � r lnr-.n T'c 7`7 J 1 �f�J .�� 4' •'�j,'�k+y�h�,I�!'''1=:1� e� 't",. �! tf�vv 1t.3tJ � s t+r+`i;i+'Mt.}.qtr F••@' U's ry+ }1� :i•u ,Y, ��1'¢� L.. .t "F <"• J . 1 �1:y ,7 � f ` -Y ,d Mr .{�',J M,l+a< "*""�:", �'• gg,. :S"¢L'r'r(.,y*�'">.JCk;#:i r r Sl t t >:! �; 1 ,7p' F' ,t t f l t.r r.�S: ,7 .a,.+?t•;Y„ r v' ,J.' ,r., ..`�>K '?F' f:�`� t;,yl,. r r M.f, u4'rx.Oc trr J .i'.. ! J ; i..i .t. � rtt .��' :7"�.t''`ili'Y .« t4?t.,,7'°.r.;k '�' g.;,Fc�.- ;y...1J',� r .r$ "b•� ,�{9� ,� c .,t`.�' t-' ':• t t .7 'r .,�, r�, .t3','r?�,`, .3.�'a�.: q,r• ...�5 .ti,•�3�v,,.�.> r mot. e^ �.+� i.., 1.a; � ?`tt><.a 1a<3,�,"nG .:.�4��i,F.;,�'�:r,?-�;,1,z>i..:{tsrai-l... A s y.v;..r,�,, ;:r,, .,1.;1 .,ts,} r1' n!r£.;MaY:� 1�'�1 J7°��+)�t�7� ..� � �, .5>� Rac. i={<rry� 7'i 7��t :/�?" a+3 (X•: .�..t i � ii t, , .S } r '^4. .r.,t; f. f .J3., r [. t..ig ,i f�la f 1 i �r1A>t•`FiJ3�d,�ttr'rl�h� �i����'J� ..a:.J`5M1. ?] .5 7 ¢t 7!', f� Y ///J�.,A, .f � '• 4 .y n�f`�.t i�fl �t� r.v!r aA'h�it ? ,1 s r:f , r f / 61 C ..�..� ;:d: .i1S. ',i• ;t i, .s ,41rt t .1, BILL NO. 24-12 ' yfr A v, SPONSORED : • ' Haake ORDINANCE le` ' AN ORDINANCE OF OF • MISSOURI, • - ir; MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH COMMAND WEB OFFSET COMPANY • - WASTEWATER TREATMENT. BE IT ENACTED,Y BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, FOLLOWS: r' �ection Mayor • hereby • • to execute a contract with Command Web Offset Company for wastewater treatment. Section 2. The�N contract • Yf a attached hereto a • Section 3. This Ordinance shall be in full force and effect from and after the �J1 date of passage and approval. 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A,,,, Three lUvers Electric Cooperative 1324 E.� Yirf -# L Main, • Box 918 • 65051 Telephone: (314) 897-2251 FAX: (314) 897-3511 February 27,t '(• is:; 4ptit s r• a; 5a�t s , {!; -t i z l'?;;•nib`. 3 City of • Pliyllis kj Y Powell, �. 320 East McCarty St. Jefferson Cit fix; ;ri Missouri 1 AGREEMENT FOR PURCHASE OF POWER f. t• r�t � Fh Enclosed YOU • / of the ffilly executed "Agreement • Purchase of + r°y • for •U location 12 03 005. One • being retained for our We look forward to providing you witli your electric service needs. WALTER R. RYAN,.t 1 i General Manager k+ ri :{ • a s�Nf w +{ Endlosm pqpy, Ta, �Y } �.� ,4 r, i t.S scat :Y,-t',rf�a,,,j];'�{ {5,i'.:�7-ri.t G�)ya�i fir•r�i�c.s"'v 'af,tCrr•r;k:af+ts.r e a,. ..+ 2 aac" i :•{: , r ; i r i�`'.F.s c� rr ii l.L �a�% r{}Jr i.• ; '.}< 41: t. i�y,a�Ji JL P .Ss ar.y. .yi) a.` �?` )' x. .i f ;:i.�' .A rf �' frk•vr it' :15, 1 r' JYr„'+� ��<�%��µ•r: +i { y � t { r. I �r t s. k r .t�'4 �✓tti t 1r`y'i 1r i s s 4t +{7t t r r �. 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' . f �! � �•� } .off 6 Itz,�t4""t fir �`'?a � 5'jt.l.pi.;'VAN k`�h't�. �G r kG q <�t�� r �CriL '3�"1 d i.{ J 1 P ! IF { � }x.M1•' '}� ��t a .p, s Y 'rk4 AGREEMENT FOR PURCHASE Of POWER � (RATE SCHEDULE A) �t t S AGREEMENT made December 14, 1995 between THREE RIVERS ELECTRIC COOPERATIVE - LINN, MISSOURI, (hereinafter called the "Seller") , and CITY OF JEFFERSON (hereinafter called the "Consumer") , a municipality. �a The Seller agrees to sell and to deliver to the Consumer, and the Consumer agrees to purchase and receive from the Seller all of #� .y the electric power and energy gy which the Consumer may need at 12 03 005 up to 75 KVA, upon the following terms: ".r 1, 'SERVICE CHARACTERISTICS Service hereunder shall be alternating current, sixty cycles, 480 volts, for three phase service, and alternating current, sixty cyles, for single phase service. 2 . PAYMENT a. The Consumer shall pay the Seller for service hereunder at the rates and upon the terms and conditions set forth in Rate Schedule A attached to and made a part of this Agreement . Notwith- standing any provision of the Schedule, however, and irrespective of the Consumer's requirements, the Consumer shall pay to the Seller not less than $16 . 50 per month for three phase service for having service available hereunder. b. The initial billing period shall start when Consumer begins using electric power and energy, or thirty (30) days after the Seller notifies the Consumer in writing that service is available hereunder, whichever shall occur first. t' fir- r��.. ���`"-;�€w�§"y,�^'"".�,z,;�sz�,t•h,."i`�`w ,;;. , � t F Y .p t u.,z .,, '.•. ,t.i' { p`S •.tY7e r:: '� z `}n". �q,� ' x. �� "11 ...r.'?e C�.1,.� f+. t'..�•y i �..t��t,f.S AfY. e ± rs,r �.. �,•r-at ?. .r��.�..-..t/. jr 'r7� Tt}n,�. 'M SY,t+,t 4• {I ;I i c i ,.. "��}.It��+}.. t.8:: �j�,� q x�F`j�'�`t y�Y i ��r�"�A r �fr�` ;x� ! }t• .` 1 1 i. ,:t'� -t'`�id ad�r* '+�",� '" yE.,, 7•, � T (+,�� qkj �tr� 44 t"t 5T�¢r;t a. i�r t l r �E ti 2 s��•,?'yy!yir ",fi 'H� S t�',t{�1.i>xka {i�yr�+�'�.11t yP �t a ;;A � ..sr {tl i •'7: '��ftt ik 1 ,5 t+7.r. �„�s kw f r.)�°i,�' •7 t„ 4 c . Bills for service hereunder shall be paid at the office of a the Seller in Linn, State of Missouri, monthly within fifteen (15) X days after the bill is mailed to the Consumer. If the Consumer shall fail to pay any such bill within such fifteen (15) day period, the ='y Seller may discontinue service hereunder by giving fifteen (15) days '-+,Mt notice in writing to the Consumer. 'Y, t`: d. The Consumer agrees that if, at any time, the rate under ?j V which the Seller purchases electric energy at wholesale is modified, ` the Seller may make a corresponding modification in the rate for .� Y P g •�,' service hereunder. 4� . 3 . CONTINUITY OF SERVICE _ �r The Seller shall use reasonable diligence to provide a ” ' > constant and uninterrupted supply of electric power and energy, but if such supply shall fail or be interrupted, or become defective Ky`Y through act of God, or the public enemy, or by accident, strikes, labor troubles, or by action of the elements, or inability to secure Yy rights-of-way, or the permits needed, or for any other cause beyond the reasonable control of the Seller, the Seller shall not be liable therefor. °a 4 . MEMBERSHIP The Consumer shall become a member of the Seller, shall pay ' the membership fee and be bound by the provisions of the articles of incorporation and bylaws of the Seller and by such rules and t regulations as may from time to time be adopted by the Seller. �v ' 5 . TERM This agreement shall become effective on the date first };t above written and shall remain in effect until three (3) years uw .a Ar �� r r .z aia,t a+�. {fP ? j lr !^'.�'�y �"""""^^'.i� b. z'J,f;.Cr i 4• , y 1, of Yr4+y+�'�T { t r X{ b � r •.�, t �F �.l f t r r Y o r 'R>;k• < � k. �Vi t D )v.t1. C)r' x t•y }�r 7{,S.>i, yy r$j ayr!/t��t 'P ar"X�h>R'�3#��.1 y i .ter •• �;�" '•t'��,�,tx,.��A X��+ift i 1�+3 tt��g.�� 'fir i Y'��' �i�.��'S� �.�1 �'�fl`4 � y,�xa „i ?r t .} t .. ) v�t r rtkF e...�� i. s�Jv.... F•'i� 't�." t +su. �i I�� ,jam- ,e, !f,` r c'! ry ! ! '�.. v L :i s 4 t H it,A.S+�t 4 f Y ,w + (' 5! turd r",(y$L11 �k..a. ✓ },y'i 41�.'m if+ lL +fie. riV r 3-#a.("fF` CY55'.'n A�'{O r.k S%" �� S^' �7 ,^ �t {�• ''7AYi5r di.�t `Qt"� ' ',�;'SS.r"Ki� j k:!,V following the start of the initial billing period and thereafter q,,, until terminated by either party giving to the other three (3) months notice in writing. 6 . SUCCESSION ,a This agreement shall be binding upon and inure to the r benefit of the successors, legal representatives and assigns of the t " respective parties hereto. 7. ➢DEPOSIT dH 'h�laSJ�. The Consumer shall deposit with the Seller the sum of kiin•,ti lea $na on account of the cost of facilities required to make service available to the Consumer on or before commencement of construction ,. T.hS> of such facilities. Such deposit shall be returnable to the Consumer x„r+r after three (3) years of continuous service with no more than one delinquent payment. It shall be the responsibility of the Consumer to notify the Seller of their desire to have the deposit refunded. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives all ` 4 as of the day and year first above written. THREE RIVERS ELECTRIC COOPERATIVE r.� Seller By Pr sident Jos. C. Brune ATTEST: Secretary Paul W. LePage ✓ • to ! , 1 :}i! ?�f'�� �F '}.A+Id:• T' y' S ,r 4.,z 1 ` �H>. �21�' 4 N�.;. ('� ti '� ds.r�ylrl i s � ��f' 2,J,y���{,•. `fit s AR. r Ca "4� .... — �asw �rxvN�w,31r —.rw�regsls�t.s�l,�i�r��r���ca§3*iwFi�is fib' a.: :tit 9' f E • +L t �rF Y£,r:,;, l� t# f � i �,,, �!F F � 1 p.c. , t r', i t r (• _,t y� r .: m�'s c 3t, �'.; r. t 1 f t ( v f sir r t r r N � lic t�( i1 i' ..>,, �, •r' u. � v .t it t !t s '�1';�*V,' ;t4"r" l• 'r F ��,� �: .. .. R M151f J. _ _ ..j.�r1l/�..N l���i{M��..�INM�Mti.tl•IU'v . • Ml t , THREE RIVERS ELECTRIC COOPERATIVE MISSOURI-45-OSAGE EFFECTIVE NOVEMBER, 1992 RATE_ SCHEDULE.A SINGLE-PHASE SERVICE AND THREE-MA-SLSERVI E�'__ 75 KVA AND LESS Availability Available to all consumers requiring single-phase service, or three- phase service requir.ing 75 KVA or less of transformer capacity, subject to the established rules and regulations of the Cooperative. Type.of Service Single or three-phase, 60 cycles at available secondary voltages. Service Availability Charge $7.50 per month (10 c Service Availability Charge $16.50 per month (30� First 500• KWH per month _ @$.067 per KWH 501-21000 KWH per month @$.056 per KWH ' All over 2,000 KWH per month @$.055 per KWH ,ct Minimum Monthly Charges The minimum monthly charge under the above rate shall be $7.50 for single-phase service and $16.50 for three-phase service plus adjustment for power costs and taxes. For service for periods less than one month, the minimum charge shall be $.25 per day for single-phase service and $.55 per day for three-phase service. Ad iustments When the rate under which the Cooperative purchases electric service at wholesale -is increased, the Cooperative may make a corresponding increase in the above rate for electric service. Taxes The above rate shall be subject to an increase in proportion to the amount of new taxes or 'increased taxes which the Cooperative may hereafter have to pay, which are levied or imposed or increased by laws or ordinances which are not in effect on the effective date of this schedule. Terms of Payment The above rate is net, the gross rate being ten percent (10%) higher. In the event the current monthly bill is not paid within the net period, the gross rate shall apply. . The end of the net period for those reading on the 5th of the month is the 15th of the same month; those reading on the 20th is the last day -of the same month. t t .r. b �.t ,. •, +� k ;:' . � �' fir" a ; ' � � ,�'�;' .f ,•.�.f ,,b7y t,,. I a� ,:. �,•y; y i .tt� + G. .a � , ��i�,i+ 7 xy.S r,rt ,t+iU•, a +U pp__ 5• R p cP lr�a.y / 4 LAW OFFICES SRYDON, SWEARENGEN & ENGLAND DAVID V.O.SRYDON PROFESSIONAL CORPORATION JAMES C.SWEARENOEN alas UST CAPITOL AVENUE AREA CODE alb WILLIAM A.ENGLAND,III P.O.SO%450 TELEPHONE 25.0427 FACSIMILE Oa0.OAl7 JOHNNY 14,RICHARDSON JEFFERSON CITY, MISSOURI 65102.0456 GARY W.DUFFY PAUL A.SOUDREAU SONDRA S.MORGAN SARAH J.MAXWELL. CHARLES L SMARR MARK O.ANDERSON DEAN L COOPER July 20, 1994 HAND DELIVERED Mr. Allen Garner City Hall 320 East McCarty Street Jefferson City, MO 65101 Re: Command Web Offset Company, Inc. Dear Allen: Enclosed is a fully executed copy of the Sewer Service Agreement. S cerely ours, € BRYD N, S NGEN l� ENGLAND P.C. B : D B n DB:jf Enclosure �tECl�0 JUL 2 � .',"9v.. y. ... e.. 3. •� .� /�l:,r•.r�"_ .YY ..1. !��.> 'r=., A r.',�r;c�� •�!�1y3+?4" ;t�r`��fa'Jr"t t 5�'k;;" +�., �,,s;.�t�� �.e ear I I � 6 .p 'v. 't SEWER ERVICE AGREEMENT THIS CONTRACT is made and entered into this day of _, 1994, by and between the City of Jefferson, Missouri, a constitutional charter city reina .er referred to as "City"), and Command Web Offset Company, Inc., a missauri_corporation(hereinafter referred to as "Company"); .h WITNESSETH: WHEREAS, Company intends to build and operate a printing facility, located in Cole ' County, Missouri; and WHEREAS,the City wishes to provide and the Company wishes to utilize sewer services to be provided by City; and WHEREAS, Company's printing facility will provide jobs and economic impact within the City; NOW, THEREFORE, for and in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, the parties hereto agree as follows: k 1. Definition. 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. (a) "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 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. (b) "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. (c) "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 may be required by grant conditions but not including project costs. cAcontmct\com-web5.fin r 5 1 I t a r t' "-d•, t r .�d rd.,.. i p .1 n... rt. sr .a t •.� r! . rt 11 i x ' baEr4 l .S .e�.,k, ,I G�j r ' v (d) "Pretreatment" shall mean application of physical, chemical and biological processes to reduce the amount of pollutants in or alter the nature of the pollutant properties in a wastewater prior to discharging such wastewater into the Collection System. (e) "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. f 4. •. (f) "Sewage" shall mean the same as the word "wastewater" and is used s ` interchangeably herein. k (g) "Wastewater" shall mean the same as the word "sewage" and is used interchangeably herein and has 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 the City of Jefferson, Missouri's Sewer System. (h) "Wastewater System" shall mean any device, facility, structure, equipment or ,*t 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 Xa4 of the treatment process or is used for ultimate disposal or residues resulting from such treatment. 2. Provision of Sewer Service. (a) The City agrees to accept the wastewater from Company and to convey and treat same, except as hereinafter excluded. 4; (b) The wastewater from Company shall be received, conveyed and treated by City per the attached facilities plan(Attachment "A"). r (c) The characteristic of the wastewater discharged to the City shall be in conformity with the ordinances and regulations pertaining to the use of the wastewater system of the City and in accordance with all state and federal laws, rules and regulations, including the requirements for pre-treatment,whichever is the most restrictive. Wastewater not in conformity with such rules and ;F regulations shall not be accepted. i 3. Design, Construction, Maintenance and Operation of Facilities. } (a) Company shall have fiill responsibility for the sewer system upstream of the point at which it connects to the City's line and shall assure that its part of the sewer system is properly cAcontractkom-weB.fin 2 "s x 7' .. wr T� 5�'A d R„t •�i t r�`�, erCY t t ,A n '3S • .s.• it, E�,�!J l�'!'r id � } i #.k 1... `;.f k� d'"x 9� ,f�Y.}�' r:i t�'t�t'&'`�� f '� n. .• ..).. ft1\\t0�� la f .F �.. ,,„•. �. >". R711 r 9 ' ,tt ,+mac��q�r�Wrr�s�(r+.+w.�:eqt--�.+r.w,.rr+v--�`+-i-.ow+� �T�"'^^�Ir�PMT7r'°•—x 1} 'y 1 V 3 . t.,. ,t�� >• + �. 4�' t.it - ^y ,r w a t S't 3� t 4 I`- , n +t to �t i � IMi 1 r i ', 1. i 'i. �3 ka operated, maintained and repaired at no cost to City. While the cost of operating and maintaining Company's sewer system shall be borne by Company through the payment of the monthly charges Y' imposed by paragraph 6 of this Agreement, it is understood that City will perform or secure the r actual work of operating and maintaining Company's sewer system. } (b) City shall have responsibility for all of its facilities and shall properly operate, b.t maintain and repair them. The City agrees to proceed promptly with the construction and cquisition :t of the facilities necessary to the performance of its obligations hereunder, including a wastewater lift station to pump and treat the wastewater generated from the Company's facility. City shall purchase 4 ej y, kr all required equipment needed to provide service as set out in this Agreement. The City will make 2 a diligent effort to have its facilities constructed and/or acquired so as to furnish services to Company when Company read p y 'is y to discharge sewage to the Ciro. City shall not be liable to Company for any damages occasioned by delay in the commencement of such services to Company. After service is first tendered to Company by City, the City shall, subject to other terms and conditions of the F c Contract, continually hold itself ready, willing and able to supply sewer services to Company during '" r :' the term of this Contract. f . (c) City agrees to use its best efforts to obtain the necessary permits, materials, labor ' �- and supplies, and to obtain state and federal grants or to borrow funds and issue revenue bonds ' therefor. It is expressly understood and ' P Y agreed, however,that any obligations on the part of the City to complete the facilities and provide the services to Company shall be conditioned upon the following: ` (1) Receiving the necessary permits from the Missouri Department of Natural Resources and the United States Environmental Protection Agency; t{;I (2) Obtaining state and federal EPA grant funds and/or sale and delivery bonds in an amount to assure construction and acquisition of the additions, extensions and improvements to City's sewer system which are required to provide service hereunder; (3) The ability to obtain all necessary materials, labor and equipment necessary for completion of the facilities. (d) Company agrees to use its best efforts to obtain the necessary permits, materials, labor and supplies in order to construct its part of the sewer system. It is expressly understood and agreed, however, that any obligations on the part of the Company shall be conditioned upon the following: h (1) Receiving the necessary permits from the Missouri Department i , of Natural Resources and the United States Environmental Protection Agency; � f Ocontractkom-web5.fin 3 INN 1� "� '7f� '�e,',5±,'er:� r, t;;'.t:�t �•.t> s �, rn�t'�€. r Y'j �� �-rz ;rx * �i+y.)' l �' r'::y#Y'f}�rI t�'� t• t' 4' ,z. I „M",1yy10 1y.; F .' 't `{P�tiy°r .,� fr ,`Y' i .Y�4�e4� d, cl� tti?'St:;__ _. _____ _ _.w'�-- ._._., _ _ .� .,.n�. �� —__.__ - , ran -♦ S .��_�.�..._sG:._a.�4:..e fm (2) Obtaining state and federal EPA grant funds and/or sale and delivery bonds in an amount to assure construction and acquisition of the additions, extensions and improvements to City's sewer system which are required to provide service hereunder; (3) The ability to obtain all necessary materials, labor and equipment necessary for completion of the facilities. 4. Exclusive and Irrevocable Easements. Company will, upon the request of the City, grant to it an exclusive and irrevocable easement, at no cost to City, for the installation, maintenance, operation,repair and replacement of said collecting sewer extension and appurtenances within the limits of any existing or proposed street, roadway or easement area, together with right of ingress and egress thereto, in form.satisfactory to the City and duly executed and acknowledged in proper form. The City shall also have the right to request additional easement area over property owned by Nt the Company for the pin-pose of future extension of system to provide service or maintenance to Company or adjacent property. If Company grants an additional easement to the City, then the location arid duration of the easement and conditions of use of the easement shall be agreed upon by the parties and such easement shall not interfere with Company's intended use of its property. The initial easements needed for the provision of service under this Agreement are set out in Attachment "B" hereto and shall be executed at the time of entering into this Agreement. 5. Discharge Permit. The City will issue an industrial wastewater discharge permit to Company. The standard conditions of said p ermit will conform to those of permits issued to existing industries. Wastewater discharge limits, as set out in said permit, will be based on the Department of Natural Resources NPDES discharge limits for the National Guard lagoon. Company will be responsible for the purchase, installation and operation of any pollutant removal systems needed to continually meet wastewater quality standards as set out in said permit. Company will be responsible for costs of damages due to any failure(s) to comply with said wastewater discharge permit. 6. Charges and Rates. Company agrees to pay to City a monthly charge for the right to utilize City's wastewater system. The City's wastewater system shall be deemed for purposes of this Agreement as commencing at the manhole located immediately prior to the section of the line passing under the railroad as shown on Attachment "A." The normal monthly charge shall be six hundred dollars($600.00) for the first eighteen (18)months. The rate shall be reviewed at the end of the initial eighteen(18) month period and every eighteen(18)months thereafter for purposes of adjusting the rate to reflect City's cost and to maintain comparability to comparable industries in the City,provided,that during the initial six years of this Agreement the normal monthly charge shall not exceed seven hundred fifty dollars ($750.00) unless the average daily flow for any month exceeds eight thousand(8,000) gallons per day. This charge shall be due and payable on the first day of each month following the date of commencement of service by the City. Commencement of service by the City shall be the date the system is functional and the City authorizes Company to discharge wastewater into the facility, Charges to the Company shall be computed from the first day cAcontractkom-weKfin 4 5 ' �r�� +�E. ,��1/� .ani i/.\• �i�l.'.al .i a*MSy 'a' �'17: 4j! ,!. t �'t'E e ,:V. Vii . ��tt. i �E�4:Vt;� �i I � 7 � rse v('t ,�.. r.1'...';," ;"t.•:t. . ,r; G '.�.r,N xe. r f .s=; }}.J.`d}'s° st:� J'ar��+r�''t' @ � l f r y�i I of the month following commencement of service by the City, whether or not Company utilizes the City's wastewater system. In the event Company chooses not to construct its printing facility or tt rI, closes its printing facility within sixty(60)months from commencement of service, Company agrees ,. t0. to reimburse City for all expenses incurred in connection with the provision of sewer service , ` pursuant to this Contract, less all previous payments made by Company to City pursuant to this ` Y a; x Agreement. The City's expenses incurred in connection with the provision of sewer service pursuant xr ' a,. s, k.y' to this Contract'shall be for the lesser of: the City's actual expenses incurred in connection with the "M} provision of sewer service pursuant to this Contract.or Thirty-six Thousand ($36,000.00) Dollars (Six Hundred Dollars ($600.00)per month X sixty months). Charges and rates set out above are based on the parties' anticipation that the average daily flow rate based on metered water usage will be five thousand(5,000) ' the anticipated � gallons per day or less. Should t` pated flows be higher than anticipated, the following fixed rate charges shall be used: p 0 to 7000 gallons/day average daily flow for the month _ $600/month 7000 to 8000 9 allons/day average daily flow for the month $700/month _ '+ x ` 8000 to 9000 gallons/day average daily flow for the month _$800/month i{ 9000 to 10,000 gallons/day average daily flow for the month _$900/month 4: Y Any flows above ten thousand 10 000 ( ) gallons per day shall require the renegotiation • Contract. g on of this In addition to the normal monthly charge which is based on volume, Company shall pay a an nor er t greater surcharge on wastewater which shall have thmal strength of BOD � (biochemical oxygen demand) and/or of S.S. (suspended solids). Normal strength BOD shall mean seventeen-hundredths y (.17)pounds per day per person and suspended solids shall mean two-tenths (0.2)pounds per day per person. The rates for quantities of BOD and S.S. in excess of normal sewage shall be the same as those established by the City for all users of the City's wastewaters stem. y ? 7. Other Charges. Costs incurred by City in locating and eliminating any prohibitive discharges by Company into City's sewer system shall be reimbursed to the City by Company. Company agrees to establish an industrial pre-treatment system and to monitor its wastewater in accordance with the requirements and regulations of the United States Environmental Protection Agency. Cost for this shall be borne by Company. 8. Expansion of Facilities. If the capacity of p ty any part of the wastewater facilities covered f by this Agreement is exceeded, the City shall study the system to determine the sources of the present and anticipated future flows. The study shall address cost effective alternatives for the } efficient elimination, control or pre-treatment of all wastewater affecting the system. These should include,but shall not be limited to: system rehabilitation,inflows,control, in line equalization,water R conservation measures,pre-treatment,alternative treatment locations and expansion of City facilities. If it appears necessary to upgrade the City's facilities to accommodate additional flows from Company, it is agreed that the City shall provide the required design and construction to provide the c:lcontmctkom-we85.fin S •i� z' 4ixn�,`A�:c f �:�y�%Cf'��'�J' � ti,•s;.:� '3xp '�"afi"a.r.s r•., , ,'�., a�4}�;e�.��1"7; �s`;�xt� ��,��e tea� ;�' ty,.'fl ,;,• '� 7 ` f 9 r t r' .+���0.���SX• � �M1�i'�r��1q,�r tt;a.d' t. 'N.105 toff r �aq � x ' �4, ` �4 , t .U• Sti :i ..t ' of '`. S.; 1" t�' •1 . .e .FI..YI i A A. M... n '�+ } 3. �'•;ryt1r-:a 7. L16t 1. iUi . srY ? -t ..:.t�fx S o r•s;yrr. h c�r"�9-04�3p1 ltjx 5ZY "• �,;1!4�. a>,3� •r.�G' d}c�� .,�� �t �n,� ��c 6 needed capacity in a reasonable time period. It is understood that the terms for this expansion will provide that the Company participate in the total construction cost of the upgraded system in proport ion to the capacity to be apportioned to the Company as compared with the total capacity of Ole expanded facilities. However, if expansion or upgrade of the City's sewer system is required for flows from Company above ten a g any reason other than to accommodate additional average dil fl r t thousand(10,000)gallons per day, then Company shall not be required to contribute to the cost of r' 'M the expansion or upgrade,, 9. Reports and Records. The Company agrees to furnish to City copies of all information required by the United States Environmental Protection Agency to be filed by industries having r either acceptable or unacceptable wastes to comply with the general pre-treatment regulations,pre- ,Y4 treatment standards NPDES permits or sludge disposal regulations. Company further agrees furnish and make available to City any and all Company records, information, lans and other ' P data ,t ? necessary for City's establishment, operation and maintenance of its wastewater system and for the establishment of all sums to be paid by Company to City pursuant to the terms and conditions of this r' H Agreement. ;•; 10. Connection to Wastewater S, stem. Company p y agrees it will connect to City's wastewater ,' system as hereinabove described. The date of connection will be determined according to future r project construction or acquisition schedules. Company will be notified of the anticipated date of :t beginning operation. Company shall not connect to City's sewer system until it is authorized to do 't so in writing by City. � 5 11. Term of Contract. This Contract shall-;: all continue in full force and effect for six (6)years, renewable by mutual consent thereafter on an annual basis ` extend beyond twenty-five 25 , Provided that the Contract shall not tY- ( )years from the date of inception. Early termination or assumption options shall be by written instrument signed by the parties hereto. kr.. 12. Modification. 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 notice, at which meeting the requested changes or modifications shall be considered and discussed. i'. 13. everabili Should an "� � •t • y part,terms or provision of this Contract 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. 14. Assignment. This Contract 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. Such consent and approval shall not be unreasonably withheld. cAcontractkom-webs.fin 6 it .� 4;1 f Il\ '��;;•'�A:IR,fu,(j .. ...r j5 f�!'l RR} t fit s t." •� „�, .. � d�,���;.tY.�ii'���+�{,* � 'y� �y � �+'i ''' � - '3��'t'`, i ,a�,, ,,5� ;�`i�. r- asi, J �'�t ta�� t+�� �`' �•��. r, tf }` �' . M }. �T .� 1 �.✓>(1} :(,U .i S...1`'w,4� � � ,�'�44tr7 -} l.+ 5�.�) „��l��t�f�(A: �LI�.}. :i4 �(} �'t�Yr �F�vVt � f'f tx3�t''�;5,. 4. i ,�� { � ,.. ,af. krF i c .{� s �i •1 • i } , 11 4 Ah.'� 'ht:r YS`A tyer S\4 t+ ,'c. Stt{erdis 1,iA"�'l�. S "7 ' rt'r lJ 4-'el 4'6.'fG. t rfi5 t `^l k� ,F§'ry 4 i`' r Xr1 r n z' } .ro �4 {,fir-, ?�°... �tti�' �R 5,� t ';;' j} X. S 4 �..,t, f'r !: ...t. .yy.. +� a t�m z,,,. 'y 't �•, 15. inkmn-i-ty. The Company will defend save harmless and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, " . claims, demands, damages, costs, expenses, and attorneys' fees resulting from injury to persons or kr damages to property out of work done in the performance of this Contract. The City reserves the s right to retain counsel of its choice at its own expense, or, in the alternative, approve counsel obtained by the Contractor. 16. N Lice, All notices required or permitted under this Agreement and required to be in 5 writing maybe given by first class mail addressed to Director of Public Works, City of Jefferson, ;. 320 East McCarty, Jefferson City, Missouri 65101, and Command Web Offset Missouri, Inc., 7100 } One Color Way, Jefferson City, Missouri 65101. The date and delivery of any notice shall be the date falling on the second full day after the day of its mailing. } r. 17. Termination. Notwithstanding any other provisions in this Contract, this Contract shall terminate prior to the expiration of any term upon the happening of any of the following: (a) If either party elects to terminate this Contract by written notice to the other party in the event such other party has failed to cure a material breach of t he Contract within ' ninety(90)days of receipt of written notice from the party electing to terminate this Contract, describing any such breach of the Contract. (b) Within one hundred eighty(180) days of receipt of written notice to Company from the City indicating the existence of a sewer trunk line extending through the area and capable of providing service to Company, t (c) Within ninety (90) days of.receipt of written notice from the City to Company indicating that Company flows have exceeded ten thousand(10,000)gallons per day, provided that such flows are not corrected or abated within the ninety(90) days. (d) Within sixty(60)days of receipt of written notice from the City stating that Company is in violation of any wastewater standard established by City ordinance or state or federal regulatory bodies with jurisdiction over wastewater, provided.that such violations are not corrected or abated within the sixty (60) days. (e) Within one hundred eighty (180) days following receipt by the City of notice of termination of its right to use the lagoons currently owned by the Missouri National Guard. In the event the City terminates the Contract pursuant to subparagraphs a, c and d above within sixty { (60) months from the commencement of service, Company shall reimburse City for all expenses incurred by the City in connection with the provision of sewer service pursuant to this Contract, less all previous payments made by the Company to City pursuant to this Contract. The City's expenses incurred in connection with the provision of sewer service pursuant to this Contract shall be the c:lcontractkom-webMin 7 t ,r. Y. .�r.... • ✓_��NH�t{O}�i� ',Lil' '.l. '.6-IArar iS_�:�"''� _�w,Liin-�i� :'y,• r k j.: .ZA •'c+lxSSa'. �'1. ,'1r7.'S' k..f r'},..y.M"y6 y1' !Yl`f ±nf 7:_• +'1T " l'{,t'. i„P' lesser of: the City's actual expenses incurred in connection with the provision of sewer service pursuant to this Contract, or Thirty-six Thousand ($36,000,00) Dollars (Six Hundred Dollars ($600,00)per month X sixty months). In the event that Company terminates this Contract pursuant to subparagraph a above, or in the event that the City terminates this Contract pursuant to subparagraphs b or a above, then ti Company shall be relieved of any obligation to pay for monthly charges to the City after termination, even if termination is within the first sixty(60) months following the commencement of service. 18. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. IN WITNESS WHEREOF, the City of Jefferson, Missouri, and. Command Web Offset Company,Inc.,have caused this instrument to be executed, seals affixed hereto where needed, and E attested or witnessed where necessary, all as of the day and year first above written. r CITY OF JEFFERSON, MISSOURI By . May ST: City Clerk APPROVED AS qty ZCounselor "CITY" +' CO WEB OFFSET CO ANY,INC. By E is Vxeeo eve Tee ATTES Secretary "COMPANY" cAcontracAcom-web5.fin 8 f y 1 ._. G _ ✓ Liu L.11...iu..,Y1___rY_,_c.aa_.n?—•�a ti t.1,1c .:�"`.�3.1.. eF" f $-�iT�'�M ,���� _�77`�•ti,�� u�•+�fSA��� t C+y'*Fi":'��1�4���` T '�"e '�l�l�l ��',Y+' ���� fN"`T"ti ti„ { R # 78-241 D. GRONER 2 15, II ATTACHM. WT H Y Pa 1 A 15 foot easement being part of the Southwest Fractional Quarter of Section 19, and part of i' Private Survey #2616, Township 44 North, Range 10 West, Cole County, Missouri, with the centerline of said 15 foot easement being more particularly described as follows: From a stone on the Range Line near the southerly line of the Missouri Pacific Railroad set by G. C. Fowler and described in the original survey notes dated March 10, 1893 in Survey Record Book 4, Page 50, Cole County Recorder's Office; thence S240 53'56"E, 1.23 feet to the northwest corner of a tract of land as described in Book 317, Page 850, Cale County Recorder's Office, and the easterly line of Algoa Road Connection; thence continuing S24 053'56"E, along the westerly line of said tract, 48.92 feet; thence southerly along said westerly line, on a curve to the right, p having a radius of 240.00 feet, an arc length of 136.45 feet (the chord being S13 040'54"E, 134.62 feet); thence N75 012'07"E, 191.97 feet; thence easterly on a curve to the left, having a radius of 2905.07 feet, an arc length of 712.12 feet (the chord being S84 034'29"E, 710.34 feet); thence easterly on a spiral curve to the left, the chord being N87 1D42'20"E, 104.33 feet; thence N87 032'00"E, 158.17 feet; thence N06 020108"W, 60.11 feet; thence N0043'28"W, 100.05 feet to the north line of the Missouri Pacific Railroad and the point of beginning for the centerline of said 15 foot easement; thence N0043'28"W, 240.67 feet to the point of termination of said centerline. ZA 'r i 1. E , , , f t Y f 1 ' 1! ,a. ry , , 'ry1 11Y� itb'•rQt 4P'„.} ' 'rj h 1n i, ,•'4 t {1 , j : i4” Y,tV4FyF t HW k . •,,. C ;Av t. ,.,�$� w :u�"•�t a t�% �i` s4�+`A'+�'>!t� -"�"�' !t�'A�•''���' i#`�t$,'t.'j'�,•4.'mt .t•�+;'v $ Jhv „•�'ar�.fS yv^'� � 78.241 D. GRONER SEMENLFROK ATTACHVME B F# r Page 2 IM, �. .,, A 15 foot easement being part of the Southwest Fractional Quarter of Section 19, and part of Private Survey #2616, Township 44 North, Range 10 West, Cole County, Missouri, with the centerline of said 15 foot easement being more particularly described as follows: From a stone on the Range Line near the southerly line of the Missouri Pacific Railroad set by G. f C. Fowler and described in the original survey notes dated March 10, 1893 in Survey Record Book 4, Page 50, Cole County Recorder's Office; thence S24°53'56"E, 1.23 feet to the northwest corner of a tract of land as described in Book 317, Page 850, Cole County Recorder's Office, and the easterly line of Algoa Road Connection; thence continuing S24°53'56"E, along the westerly line of said tract, 48.92 feet; thence southerly along said westerly line, on a curve to the right, having a radius of 240.00 feet, an arc length of 136.45 feet (the chord being S13 040'54"E, 134.62 feet); thence N750 12'07"E, 191.97 feet; thence easterly on a curve to the left, having a radius of 2905.07 feet, an arc length of 712.12 feet (the chord being S84034'29"E, 710.34 feet); thence easterly on a spiral curve to the left, the chord being N87°42'20"E, 104.33 feet; thence N87 032'00"E, 158.17 feet; thence N06 020'08 1W, 60.11 feet to the point of beginning ! for the centerline of said 15 foot easement (said point being on the south line of the Missouri Pacific Railroad); thence N0 043'28"W, 100.05 feet to the north line of the Missouri Pacific Railroad and the point of termination of said centerline. t, ,V • rh":• i ';�, .a gall' 4. kA ..,,r... tgt7r. .• f k1�.. t 4`y •. ""t ,,� .(n i 1 ! Sit 5 78-241 ' ` D. GRONER 15 FOOT SEWER EASEMENT TO CITY OF.JEFFERSON ATTACHMIW B Page 3 �. A 15 foot easement being part of the Southwest Fractional Quarter of Section 19, and part of Private Survey ; 2616, Township 44 North, Range 10 West, Cole County, Missouri, with the centerline of said 15 foot easement being more particularly described as follows: From a stone on the Range Line near the southerly line of the Missouri Pacific Railroad set by G. C. Fowler and described in the original survey notes dated March 10, 1893 in Survey Record Book 4, Page 50, Cole County Recorder's Office; thence S24 053'56"E, 1.23 feet to the northwest corner of a tract of land as described in Book 317, Page 850, Cole County Recorder's Office, and the easterly line of Algoa Road Connection; thence continuing S24 053'56"E, along the westerly line of said tract, 48.92 feet; thence southerly along said westerly line, on a curve to the right, having a radius of 240.00 feet, an arc length of 136.45 feet (the chord being S13 040'54 E,. 134.62 feet); thence N75°12'07"E, 191.97 feet; thence easterly on a curve to the left, having a radius of 2905.07 feet, an arc length of 712.12 feet (the chord being S84 034'29"E, 710.34 feet); thence easterly on a spiral curve to the left, the chord being N87 042'20"E, 104.33 feet; thence N87 032'00"E, 158.17 feet to the point of beginning for the centerline of said 15 foot easement; thence S2039'46'W, 107.02 feet to the point of termination for said centerline. E 1.. '� ! .w�� .•L � r.' Y Y:: ti. �i *.��W'A� F f<ry �� ysrt.`..''SI".9' S�uSkCY 1�.iYs. M ' .'_ •�' .,:h 78-241 D. GRONER ATTACHMENT B E&I 1IN I WO- 1 �r?u�. s(af l.',,!. .yr. Page A 10 foot easement being part of the Southwest Fractional Quarter of Section 19, and part of Private Survey #2616, Township 44 North, Range 10 West, Cole County, Missouri, with the centerline of said 10 foot easement being more particularly described as follows; From a stone on the Range Line near the southerly line of the Missouri Pacific Railroad set by G. C. Fowler and described in the original survey notes dated March 10, 1893 in Survey Record Book 4, Page 50, Cole County Recorder's Office; thence S24 053'56"E, 1.23 feet to the northwest corner of a tract of land as described in Book 317, Page 850, Cole County Recorder's Office, and the:easterly line of Algoa Road Connection; thence continuing S24 053'56"E, along the westerly line of said tract, 48.92 feet; thence southerly along said westerly line, on a curve to the right, having a radius of 240.00 feet, an arc length of 136.45 feet (the chord being S13 040'54"E, 134.62 feet); thence N75 012'07 0E, 191.97 feet; thence easterly on a curve to the left, having a radius of 2905.07 feet, an arc length of 712.12 feet (the chord being S84 034'29"E, 710.34 feet); thence easterly on a spiral curve to the left, the chord being N87°4'2'20"E, 104.33 feet; thence N87°32'00"E, 158.17 feet; thence S2°39'461I 99.52 feet to the point of beginning for the centerline of said 10 foot easement; thence S5 000'08"W, 85.0 feet; thence N72 052'49"W, 65.46 feet; thence N83 013'41"W, 263.36 feet to the point of termination of said centerline. E I 4 I' I k, I i t . ' k , ,; f'� s�{•'.r �T'Il�� ��: � 4i :�1 �� Jy���t���Y tRhta; 'set >t �1 �qt , t. rt C;1 R :pt I. i r i �r .`,t *� { ♦ .y.:t i) ��t;i t y�+f�i1t ta,a;�itf.if',� ,t5 �)�i.nt�) ..i'.ytS fi�7j li`4`� �t�;t�`�tl{ tsi�" �� F Y �y �� ,,,�:.`,f, r.. r �� �i 17.�i1 t).�d,z r�� fir( jt{ tJl .. �> 4 .."r {r 4.. , t .}• r� i 1 } �r J {" � , ��.3 4 �.. " )ft 4,..rr " a ahq i•er n 4} i7� ��. P .a�,� � .i, 5 � �r t ,?� " ,; .:j ''�'t'o� i.• 4 . x �',t t tr 1t J,�� fi:. r :a�,s•Ji t;5 r� � 'y. t r':, ' � t7. to k a i „r�., ,�,� � �.:l7• ".'.p,�.,' � , r i v � ` �Ct t r s tt ,. .,:.. :1, ,rt r� . "�{trr` ,c'at�:'..•�:� :,., .,4:� s,,�;r<.� i t,�;.�,.:. t •;`. �..y �m� :Y � rt � ;FY�F�;,�,t r:, , �;._t ."t� Y"'r":� y"' f'r t t �,� �p�4r� t•�,�,,':� t"�t i���r � �a�" y�