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'• .��Sg4r?;., .S�jt°,±ti>+ 2 `' � S�.t?.at+ ``3: ?.6 .5.. eFt:?«r,. rc: fit„t?,s 'i t:=.u1 13 e� s,'"c��} ! .w ui'sc ;� .� :r sl 'f�.�f,..,�r��f.:{,A��f� .�,1�yy.,��, '.'r t�av-•!''`�;1w �,;�o'+z i d` � �. 'i' �, ya\x� :r i i ,s�Ft t:•�,.}.->r' o ,w. '�• Y p�tax:y,y .iic ,LL'., z Y' r. ,f .,�..spr. 4 Yt }r i�tr yr ti,^` '�at.'in r . ?� ,�n r!t r JI'�+ x `fti�ir' �u"•r�-`X;l yal, ���tvY� �.°`;f �+. .gip p' ��.y�i � : .+, '�.a�! �rr•:,.� �'y E{i}f. 4' ;,� +`�r�1. -.f tr ss }} q ~;� er.' 4 ! �iy '.1 HtfYi:2{,1. 1,.1 �`S.��Yy\ .S¢uSK��,N.r.a N 53t: ry}�; � ..1,� l �: t t i{.`> 1"" +,ft T`I*'v tr5'4.'#v"K I •1 f I � . 193oy Al AMENDED INTERMUNICIPAL AGREEMENT Y= THIS CONTRACTr made and entered into this 23rd da May y of w, .,..�...,.__ , 1996 regardless when signed by the hereto, by and between the City of Jefferson, Missouri, as constitutional charter city, and the City of Holts Summit, a fourth ' class city in Callaway County; WITNESSETH: Y. WHEREAS, the City of Holts Summit proposes to construct, own and maintain fl ow meter and sewer from the westerly zight-of-way of i Route 54 to i�armit; and WHEREAS, tithe City of Jefferson has determined that its " wastewater system presently has adequate capacity and that the City of Jefferson can receive, convey and treat, in its wastewater system, certain quantities of wastewater from the City of Holts Summit area; and WHEREAS, the City of Jefferson will construct,, own and maintain a sewer system from its Treatment Plant to the wIy right-of-way of Route 54; and WHEREAS, if the City of Jefferson's facilities must be J4 upgraded in the future to accommodate increased flow from Holts Summit, the cost of such upgrade shall be assumed by the City of Holts Summit; and WHEREAS, the City of Holts Summit's 201 Facilities Plan was prepared in accordance with the requirements of the rules and regulations of the Missouri Department of Natural Resources and the United States Environmental Protection Agency; and WHEREAS, the City of Holts Summit's 201 Facilities Plan demonstrated that it is cost effective for the City of Holts Summit + I to discharge the wastewater from within its corporate limits to the City of Jefferson wastewater system; and nl WHEREAS, the appropriate State and Federal agencies have concurred with, and approved, the City of Holts Summit's 201 Facilities Plan; and WHEREAS, it is in the best interest of the City of Jefferson to receive, convey and treat certain wastewater from the City of Holts Summit area in accordance with the capability of its existing wastewater system. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, it is agreed by and between the City of Jefferson and the City of Holts Summit as 1 , 1 J `#• } x i M•''� �. '�k e. 4Y f>3 '1' ,.I. � `�d`A,, .,^rr t '7�' 1::'' q��i ;r.r: Y:6' ;.}: s �,;.X,,:p§�.<Ra`xt-fitt..t �Y�`53i?"`„Z iis.,�u'' .?ti�,� F .... �.}is4�':': ,�'! et `;r�\`N`e :j•'+,�.{.'"�,a�,.c.v:l, � v,w?,..� ti�',e�.•., :v, u 1 }A'�:� � !�`��� G7� tom.. 5 <2 � 4 :+—.L. 4 +It 1 i Yin •'. F tk iu 2.n s1aJ l E.� r�Syfl ,.a1 , kS`tJ•. j=+47' k 2H( 41 �,a;�i4`! a f � Y.�r 1 1 #s f 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. 1 "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. y "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. �.c r' "Local Project Cost" - shall mean that part of the project cost that is not paid for by either state or federal fund. cr; "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 I Pollution Control Act. "Operation and Maintenance Costs" - shall mean the cost of operation, replacdment, 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. ' "Project Coats" - shall mean all reasonable and necessary costs and expenses incurred in designing, financing and constructing the project, including but not limited to, costs and F' 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 2 t y f ,t r I as X S �` i�M. :s�; s � yr 9.4:;^}..7�T�', .` #1!j�Git+•;�� r at{ a pip 11t N,/d .. 1' f, f .t S 1' M,'• � .yt?, f; } .�)_���'[`� '*�1 i'NTµi f Y. t ; �rit ! riX i •, � � � dPC4v� ���" tz .. >t UUU �5. +�f �' 't�t. 'R§ ' v sS t t 1 + ` J. ��" t ; r J1 ?��t+`{Sr,,✓,.�7i' '+�. A '{``t$S� ��`��. � � {��i• ��t l,t '��'tih�a el t: T t' �`� f , •`s� <"°13�a!iaA?,"�, i . 1 i actually used in design and construction; fees for legal and ¢ ' ' consulting services; g property acquisition; debt service; interest � on bonds or other obligations to finance the Project Costs which }'} shall be credited at the time bonds are required; and principal a Ed interest on bonds or other obligations to pay the cost of prior '• improvements of the project. "Pretreatment" - shall mean application of physical, chemical, ;# and biological processes to reduce the amount of pollutants in or alter the nature of the pollutant properties in a wastewater prior to discharging such wastewater into the Collection System. "Pretreatment Standards" - shall mean all applicable Federal rules and regulations implementing Section 307 of the Act, as well as any nonconflicting State or local standards . In cases of conflicting standards or regulations, the more stringent thereof 4t: shall be applied. u � "Sewage" - shall mean the same as the words "wastewater" and is used interchangeably herein. "201 Plan" - shall mean the document entitled 201 Facilities e Plan. .$ ' 7 ail "User" - shall mean (any P erson, firms, corporation, Private utility, public utility or other entity, whether municipal or otherwise, discharging sewage to the City of Jefferson Wastewater . / System or the City of Holts Summit's Sewer System. V °} "Wastewater" - shall mean the same as the word "sewage" and is used interchangeably herein and has the following meaning: all °fir 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 x; discharged into or permitted to enter the City of Jefferson Wastewater System or the City of Holts Summit's Sewer System. X "Wastewater System" - shall mean any device, facility, structure, equipment or works owned or used by the City for they purpose of the transmission, storage, treatment, recycling and qt reclamation of industrial and domestic wastes, or necessary to recycle or reuse water at the most economical costs 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 resides resulting from such treatment. t Section 2. Provision of Sewer Services. A a. The City of Jefferson agrees to accept the wastewater from the 3 t �t f ro r t,' �is:q.',' 's °•C7+"t7 .a, ri r k`fi' ;n4=Tr,, 't" 7•, t ys. !,C', } t ttifri' t 7 � j� ,} g' tV-�S"�' 4 '�..o `"r'k"+ t � a'�'�". SY 1' S♦'r��'''.���'''wrr'` ''t� 1 t 'trir�,S K�,q'� 't��Y�'t`><. t+ k"d*`i. �, �i ^x' ,,5 Y 1 SI F1 < { 41 { l �•' l�+.i )�f���"�r��} M16'"(3 s. t�,'�-i'C 5?'+ y�r�'{'"�'n �i"'al�PP t!'��. '1'C';4,fi ;� �zE m yr ° F4t •��,'if^t' '33� r 4� k��� � >�, #" t l:. •r �:�js�, °zR�.>��'�`��fil y,t`i�' � .���,+•'�.�r#%7r� '{F # '�SG .4�,z*�Y i.7'��d r"a.Q ,.3k Cd , ' � ?aHr. dr�tJ,,�.�-.{�rr, �',i,r'•z p �i;:`�,`t��y�>'r"y�J a� +y{x {��`�5+$$$# t` �J� E .,�•'��� # ! ,�'1P �•f'��rr��t'���.Y:'-!#��f�,4 i'f'�"t: t��"Y ��f" tI.AY v AM��1 y f •t ?` >S �' fXt P C,'��(t^'7 P F'*` � t�'ti� K��,�r f w�Fl4 iyi'.(�.u`'• �14 v � q 5 ,y• �t ,rd s;.Y� .`�, {L �;iy h'k,� ar+ice d •? �a k^ �� n; 7`^• � �},;q'{ t2• �i�. ��:3�• !`,,t +t R.;.'.',,.�Sj.. ''�i;'St,;�,�!.�r`r. '.yf�tr�i��•4. a . "' t yt"/z kA ,�� + {�:t+P.�s r!iii '7 s. Flit tk• Lip>�.5'. kUt �{, F9s4�;t�y*, �`;`rl�t t :'{ M,dYl`j} '`� 4YS,.� ••F ti �L7'-��°,?�i �'1 t�j^? t�+ t 'a'T tf�7»r]�` ��X�K�{,ir fJ`�'�j�'`(i i ' � • .r :✓ iyr,"r}t^i }4+tt � �)� l+�F :}, eh F,tPr ri t7.J�,�j fP ��f� La,+f a� t 'T' W.. + I�.`��ltt,, �p �,it���77.+eFk l 't5'� y§�r�?�P' 1.��� E r'�3.5 `z..1. F t, r,irs L:t�} $1 �� 'k�,\S�`,sYP/•} ,'� t 1 X�� 'r`. } Y tS° "'�/ .13 i '�i t��.�t.. �I"ti J` i't 1•' rt s. �Y t;.{ �z1 y 1 i v t �tt* �, fi .S 1`� b✓,F fe�1}r 3.rf 1`,r F Ai` .:, -� {°-,. ,`ar't .,it, i,, •` 7 tA,�'�{tJ� ,F)5. 'M1`rP S, 3t.t�E ti3s p2 S>yn t N � .� .fit ��:;{ T:`,�i 3 ,'S�::+:t+�1 '�'�`'�� 1 'Ft's��` t,�y,.�{s i 7 c " �k w �+ , .. +;,,it : , �. � n a< •�y:v' ,sSA' "_ `�.. ;v it' x City f Holts Summit area and to convey nd treat same except as h y hereinafter excluded p b. The wastewater from the City of Holts Summit shall be received r by the City of Jefferson at a location indicated on the facilities plan, hereinabove described, and conveyed in the City of Jefferson's heretofore existing wastewater system and <� , in new facilities hereinafter to be constructed, and treated 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 term of this Contract. ' C. The City of Jefferson agrees to accept all users who desire to connect to the system operated by the City of Holte Summit, provided all commercial and industrial users desiring to `Jr connect to the system shall be reviewed by the City of � t Jefferson to assure the nature of the effluent meets all regulations and requirements and can be r g q served within the capacity made available to the City of Holts Summit. The initial waste water treatment capacity made available to all a users of the City of Holts Summit's system shall be 500;000 `sus, fit.. gallons per day. In the event that during the term of this t .l; r contract the City of Holts Summit desires or needs additional capacity it shall so indicate to the City of Jefferson and negotiate appropriate changes in the contract . regarding �. capacity and appropriate charges therefore If the additional treatment capacity desired by the City of Holts Summit exceeds u,,s the available capacity of the City of Jefferson's treatment plant or other facilities, the City of Holts Summit's need for ' additional capacity shall be addressed in accordance with x Section 8 herein. �a '`. 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 �� t,r Federal Laws, Rules and Regulations including the requirements r ; for pretreatment, whichever is the most restrictive. ' Wastewater not in conformity with such Rules and Regulations shall not be permitted to flow through the sewer system of the City of Holts Summit into the City of Jefferson's wastewater `' system. Any metering stations constructed pursuant to this tr, agreement shall be so designed and built as to provide access to the effluent at the meter location for purposes of testing gj t and measuring the nature of the effluent. 5 Section 3. Construction. Maintenance and Operation of Facilities. 1 a. The City of Holts Summit shall construct, without cost to the City of Jefferson, a collection and interceptor sewer system to deliver wastewater to the interceptor to be constructed by :r r" S x '�',r �4zt rht•�.s;. •o: •„7,�.^.+r,' t't. ,+er y' p Y�� r 6��3 ��? ''��1'��$ r � r� 4��,5'x•;s'�'is C.Nb�7fty�'g��+ - k= q� fi� JS -�G � �4 tti.t[,�� #{r�t l � (� v t• r'.(yY ,` ��,{"' t. �1�r '�r,g'�,�,,� �tt�`9�'Ya���t'�iQ�at C'� •r�. § n�N �� k5 � Aa r 1, �� �� � '�``�*�!{•��h�.�ka M��,*�� '��r��.tt'�s��st''�'3�� � r��r�;�y �: '� i} ; r �ry �`t fi t + ti p`�{•r} 1 1Y, f,iia'Y.farlssi�tr ft"oli,C1t F .i�4j Q`•10 r' w , , + .:,4��,,� y. „t.• ''i •� y7 i .y r•... . s ,Sv +r{ `r t.r hay } ,� y � . o. r% W-a1 i the City of Jefferson, including a metering station at the point of interconnection. b. The City of Holts Summit shall construct such facilities as are set out in the facilities plan, as amended in March, 1995, { which shall be designed and constructed in accordance with the ` plans and specifications reviewed and approved by the City of Jefferson. After approval by the City of Jefferson of the completed construction of this portion of the collection system and interceptor, the facilities shall be operated, maintained and repaired by the City of Holts Summit with the 1, exception of the metering station which shall be operated, maintained and repaired by the City of Jefferson. ` c. The City of Holts •Summit shall have full responsibility for the sewer system from the meter station at westerly right-of- way of Route 54 to Holts Summit and shall assure that it is properly operated, maintained and repaired at no cost to the City of Jefferson. s4 �!5 d. The City of Jefferson shall have full responsibility for the '.{ sewer system from the metering station at the westerly right- of-way line of Route 54 to the Treatment Plan and shall assure that it is operated, maintained, and repaired at no cost to the City of Holts Summit other than as stated herein. e. The City of Jefferson agrees to operate, maintain and repair 4T.: the heretofore existing sewage treatment plant and to permit the City of Holts Summit to utilize a portion of the capacity ` of this facility. f. The City of Jefferson agrees to use its best efforts to obtain w.z the necessary permits, materials, labor and supplies, and to =x obtain State and Federal grants and to borrow funds 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 City of Holts Summit shall be conditioned upon the following: 1. Receiving the necessary permits from the Missouri Department of Natural Resources and the United State Environmental Protection Agency. 2. The ability to obtain all necessary materials, labor and equipment necessary for completion of the facilities. g. The City of Holts Summit 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 funds and issue revenue bonds therefor. It is expressly understood and agreed, however, that any obligations on the part of the City 5 ; 101001 dot Is F i ,. : '��. ...R _ 1 ; •.i r�k� }fit. �x ���s}�fi��.`.. .l} n 4 4,•� t ' 7TH'. �i rr , iur7t 'k'� :i k tr. M .� •4 � .. '� � .xy 1. .�:� AAA•y t .- S••'• y y y } a I t. It i rsr., yryry__r ft.tks Nyr?. t i gr {la i Jc t.+' :.iY h z ,t.at [:'fit k t "t�' u c .•,h.;. s '� f j f� ,3' , , it L.,:� ,A� i`�',Y'`''k `•„! acs tt� +�.:y'j,i`61z5 t',�',Z Yet,,r�r� °i�iq,da� -.+p (,� iW M1 of Holts Summit 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. 2 . Obtaining State and Federal EPA Grant Funds and/or sale and delivery of bonds in an amount to assure construction and acquisition of the additions, extensions and improvements. 3. The ability to obtain all necessary materials labor equipment necessary for completion of the faciliti sand ction 4. har es and Rates . The City of Holts Summit hereby agrees to pay a monthly charge to the City of Jefferson for the right to utilize the y of Jefferson wastewater system and for the operation, maintenance and repair of the City of Jefferson wastewater system in accordance with the provisions of this Contract. The rate charged the City of Halts Summit under the terms - of this contract as a base rate subject only to special charges as set herein shall be 71% of the established commercial users rate for the City of Jefferson. The ' rate at the time of entering this contract for that cats o user is $1. 055 per 100 cubic feet g °f ($1.41 per thousand gallons) . in addition to the above rate for treatment, the City of Holts Summit agrees to pay the following. 1 . A fixed monthly charge equal to fifty percent (50%) of the actual, direct cost of the City of Jefferson's constructed sewer extension as provided in Section 3 herein, amortized for twenty (20) years at ei ht (8%) interest per annum. This component of the y monthly charge shall expire upon payment of the two hundred fortieth (240th) monthly charge payment by the City of Holts Summit, except that in the event this agreement terminates under Section 15 herein, any remaining principal balance and accrued interest as of the date of termination shall be paid by the City of Holts Summit to the City of Jefferson within thirty (30) days of such termination. The City of Holts Summit shall have the right at any time to prepay without interest or penalty the remaining balance of the principal and accrued interest of such amount. 2. The City of Holts Summit shall a P y a surcharge ("Wastewater Surcharge") for excess suspended solids ( "S.S. ") or Biochemical Oxygen Demand ( "B.O.D. " in accordance with the limits and rates established from time to time for all users of the City of Jefferson's 6 ' ,.� L .t.:. } 4ixa .. 4.4 t. k, �r`a S:rY!-" .,.sdt aS i�aSM 6. E)2 �i �:i t"` '§3�+ 1 tr.gg,,L. ?6 ✓ 1 p� . qj t ii �W- Wa 6 wastewater sy stem by lawful ordinance of the City of Jefferson (presently B.O.D. limits are 250 mg/L and S.S. limits are 300 mg/L. ) 3. Any charge, feet or cost imposed upon the City of Jefferson by any state or federal regulatory agency attributable solely to wastewa ter flow from Holts Summit shall be reimbursed by the City of Holts Summit. The monthly base rate usage charge, the capital cost recovery charger and any wastewater surcharge as provided in this Section 4 shall be calculated on or about the last day of the preceding calend ar month and shall be due and payable within fifteen ( 15) days of the billing date. In the event the City of Jefferson prevails in any legal proceeding to collect any such charges, the City of Holts Summit shall pay all legal costs ass ociated with such litigation. Commenceme nt of service for the facilities proposed to be constructed hereinafter by the City Of Jefferson in order to discharge the wastewater into the City of Jefferson wastewater system under the terms of this Contract shall be the date the system is functional and the City of Jefferson authorizes the City of Holts summit to discharge wastewater into the facility. Charges to the city of Holts Summit shall be co mputed from the date of w t} commencement of service whether or not the City of Holts Summit utilizes the City of Jefferson wastewater system. WRY Section 5. Industrial Pretreatment. The City of Holts summit agrees to establish an industrial pretreatment system and to monitor the industrial users of the City dance with the requirements of Holts Summit's sewer system in accor and regulations of the United States Environmental Protection he City of Holts Summit or the City Agency as they apply to either t of Jefferson. Any and all reports require d to be filed with either the Department of Natural Resources or the U. S. EPA on behalf of Yj Holts summit shall also be sent to the City of the City of Ho Jefferson. The City of Jefferson reserves and is hereby given the Summit right to inspect any and all users within the City of Holts as it relates to industrial pretreatment and other discharges which affect treatment and operation of facilities in connection with this contract. Section 6. Reports and Records. The City of Holts Summit agrees to furnish to the City of Jefferson copies of all information required by the United States Environmental Protection Agency to be filed by industries having either acceptable or unacceptable wastes to comply with the General Pretreatment Regulations, Pretreatment Standards, NPDES permits or sludge disposal regulations. 7. 7 @ si-T, MOMS t xNi I imp i wastewater system by lawful ordinance of the City of Jefferson (presently B.O.D. limits are 250 mg/L and S.S. (11*11 811 limits are 300 mg/L. ) 3. Any charge,, fee, or cost imposed upon the City of Jefferson by any state or federal regulatory agency attributable solely to wastewater flow from Holts Summit shall be reimbursed by the City of Holts Summit. The monthly base rate usage charge, the capital cost recovery charge,, and any wastewater surcharge as provided in this Section 4 N shall be calculated on or about the last day of the preceding calendar month and shall be due and payable within fifteen ( 15) days of the billing date. In the event the City of Jefferson ` prevails in any legal proceeding to co llect any such charges, the vel City of Holts Summit shall pay all legal costs associated with such litigation. Commencement of service for the facilities proposed to be constructed hereinafter by the City Of Jefferson in order to discharge the wastewater into the City Of Jefferson wastewater system under the terms of this Contract -shall be the date the Yf system is functional and the City of Jefferson authorizes the City of Holts Summit to discharge was tewater into the facility. Charges to the City of Holts Summit shall be computed from the date of commencement of service whether or not the City of Holts Summit utilizes the City of Jefferson wastewater system. Section 5 . Industrial Pretreatment. The City of Holts Summit agrees to establish an industrial pretreatment system and to monitor the industrial users of the City of Holts 'Summit's sewer system in accordance with the requirements and regulations of the United States Environmental Protection Agency as the a PP l y to either the City of Holts Summit 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 City of Holts Summit shall also be sent to the City of i. Jefferson. The City of Jefferson reserves and is hereby given the 6. right to inspect any and all users within the City of Holts Summit as it relates to industrial pretreatment and other discharges which affect treatment and operation of fac ilities in connection with this contract. Section 6. Reports and Records. 4 The City of Holts Summit agrees to furnish to the City of Jefferson copies of all information required by the United States Environmental Protection Agency to be filed by industries having either acceptable or unacceptable wastes to comply with the General Pretreatment Regulations, Pretreatment Standards NPDES permits or sludge disposal regulations. 7 r, t. 77- 41.1 ,1' T �4, a �h 1 a k n' ,I } A v .1 ',Ei } ,r " ; 1 A r•,i ' , , L TTT P"E ,�i'��is1�i•�,�3Fp,�,n i434.3��t�L,1�€,^+f''two'': i,''.>t,4.� �. v;:.i:' ,?..,Y; .?..� .4. f. ...,} S >ri..�+. tl*'ron7 R" ,y .0 H+y The City of Halts Summit agrees to furnish and make available ` - to the City of Jefferson, any and all City of Holts Summit's records, information, plans and other data necessary for the City , 4 ? of Jefferson's establishment, operation and maintenance of the wastewater system and for the establishment of the sums to be paid k- by the City of Holts Summit to the City of Jefferson pursuant to 1` the terms and conditions of this Contract. It is understood that the City of Jefferson will cooperate and may maintain many of these .. records . Section 7. Coniaectlon to Wastewater Svstem. ` The City of Holts Summit hereby agrees that it will connect to the City of Jefferson's wastewater system as hereinabove described. YY1 The date of connection will be determined according to future ;F . >.. project construction schedules. The City of Holts Summit will, be t notified of the anticipated date of beginning operation. The City of Holts Summit shall not connect the City of Holts Summit sewer system to the wastewater system of the City of Hy' Jefferson until it is authorized to do so in writing by the City of r1 Jefferson. Section S. Expansion of City of Jefferson Facilities. If the capacity of any part of the wastewater facilities ;r covered by this agreement is exceeded, the City of Holts Summit and y City of Jefferson representatives shall authorize a study of the ; City of Holts Summit 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 parties ¢' based on the portion of the facilities involved owned by each. The study shall also address cost-effective alternatives for the efficient elimination, control or pretreatment of all ; M ' '. .m wastewater affecting the system. These should include but shall i not be limited to: system rehabilitation, inflows, control, in line equalization, water conservation measures, pretreatment, alternative treatment locations and expansion of City of Jefferson .i facilities. " Upon mutual consent of a necessity to upgrade the City of Jefferson interceptor sewer, pump station, and/or treatment plant to accommodate additional flows from the City of Holts Summit, it is agreed that the City of Jefferson shall proceed with the ' required design and construction to provide the needed capacity in a reasonable time period. It is understood that the terms for this expansion will provide that the City of Holts Summit participate in the total construction cost of the upgraded interceptor sewer , pump station and/or treatment plant (existing heretofore plus any hereinafter additions, extensions or improvements) in proportion to 8 y •r�� tC,'r raY i :�•7f q' ;j t•r< ,. i ty �y',p��t'�z�:i4x' tt ,�';�p�,"�,,YM1;7',...� �^7��'�T}�•:? S'°��",t "fi�k� .�. .}: 7' 7.'{"K b�4 ft 4. �'L�•�.1i�j S,lk M„a s"e� � � }`da' 7;!}, g .1 ...x i�F �* l r>;.s .� . . ^,,�sivd. ftr t i: �'>' •n 1�;"• n..p,c}t A.lL vl frr y'.eA..� 11 '`• ' hl, -,;. .r;r ,4 �. 1,ores: the capacity to be apportioned to the City of Holts Summit as xj compared with the total capacity of the expanded or upgraded kl�a interceptor sewer, pump station, and/or treatment plant. 9 . Assumption option. It in further agreed that the City of Jefferson shall have the right to assume from the City of Holts Summit, all or any part of the City of Holts Summit's system hereinafter to be constructed which may be located within the City of Jefferson's present or future corporate limits. ­N Should this option be exercised, elements of the agreement, including the point of metering and allowable capacity, shall be negotiated by both parties. Section 10. Term of Contract. The contract shall be in effect from the date and year first written above through the 23rd day of May "Original 2016 (the Term") ,, unless terminated before such date under Section 15 herein. This contract shall be extended automatically beyond the Original Term for six (6) consecutive five (5) year terms (the "Extension yr Terms") unless either party hereto notifies the other party in writing of such party's intent not to exceed the contract for any such Extension Term no less than two (2) years Prior to the beginning date of any such Extension Term. Section 11 . 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 given them a written notice, at - which meeting the requested changes or modifications shall be considered and discussed. Rate changes shall not be made except under the provisions of Section 5. �IN The original purchaser of any bonds issued to carry out the financing of the facilities covered in this Agreement shall also be notified by written notice and may, at his discretion, be represented at any such meeting or meetings. S-ection U. Severability. Should any part, terms or provisions 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 13. Assignment. 9 R Mi"+F9,t' At�,�i•; ! �� .t` ��. '^ „,��i�'x...:. t "."R,2 i:8',,;Eh �'"����'k�#:; Y,Sv>.*&.. It o.• Agreement shall inure to and be binding on the successors This Agree shall f ere 8ti hr that n lofand assigns o f tY withoutteexpressconsent and pprova be made by either hereto ; the other party. ,section 14 . Arbitration. _ ` + Any dispute between the City of Holts Summit and the City of -4V, ,.>. Jefferson arising out of or in any way related to this contract, if t, not resolved by the parties hereto within thirty (30) days after such dispute arises, shall be resolved by binding arbitration under Missouri law. In the event the parties cannot agree on a single arbitrator and these arbitrator, each party shall select one ( 1) �4 arbitrators will jointly select a third arbitrator, and the t,Exs,'• s. decision of the majority of these arbitrators shall resolve such ma 4-{kt dispute. Judgment upon the award re ndered by the Costsrasnd sfees be entered in any. court having jurisdiction. relating to the arbitration process shall be paid as determined by the arbitrator or arbitrators. at '� hk.=. section 15. Cancellation. -�. Notwithstanding any other provision in this contract, this Notwith g '""fi'•y` contract shall terminate prior to the expiration of any term f t r4 either party elects to terminate this contract by written notice to t; k•.h.., 4 � the other party in the event that such party has failed to cure a : rx1; k days of receipts 10_ f/. material breach of the contract within ninety (90) y P .x' of written no•uice from the party electing to terminate this }• f ` contract describing any such breach of this contract. The City of ' Holts Summit shall have the right to terminate this contract for �+ any reason upon giving no less than two (2) years' prior notice to r t 41 the City of Jefferson. In the event of termination prior to the payment of all capital costs as contemplated under subpart 1 of 1 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. ;{ Section 16 . Ri hts and Obligations Under Expiration or Termination In addition to any other remedy available at law or equity, the parties hereto shall have the following rights and obligations upon expiration or termination of this contract: fr Transfer of Wastewater Customers. Prior to expiration of the f' a• 60 days of termination >: last Extension Term, or within sixty ( ) Y of this contract, the City of Holts Summit shall notify the City of Jefferson of those wastewater customers of the City of Holts Summit (resident or non-resident) , if any, which the k: City of Holts Summit desires that the City of Jefferson assume ` as its wastewater customers upon expiration or termination of -, this contract. Thereafter, within thirty (30) days, the City of Jefferson shall notify the City of Holts Summit which f' J 10 ' Sit. •� N �?s w .4 �'; � �-}Z+'ea?+, Y���S�iv�,�'sr , ei•'. I n' 'ar i (•, i ,, �p`a t•1M��e; k�i) A ,� '� `.ft�,�-}�W .'f, 14,��e�5-�`* `4:�j�SJ a�„•; 11e'~.r,���'' � g- i 'fa! ..Y: .`.f.1�.•'+iJ% v u 4 Fat `+{{? v. '.• ' i'l;{ ' t �}Y �r•tj�ix?`tS'��'�i+iPJri{caht..�rs'k $�`�i��d*"��,,`k"tt'i �`k �4..�j�. ,�:+, !S t..�r E {„'� ,�i .. :i �� ..,t;;, 4.x.. urY'1. 't.`.:,�•+i�,;,' } :,� v ;F�`zi1 .{Yr 4 �, ���1!J�`�� y' ' .. .+,, ,•'S. j.4:��1;....j $y}�f of t; :.; t d „� S�.i�'¢4, 1"19111 10 ht� r tr�1` �i �,}.!a•`,�'lh e h.•, !.}; )_�*—,., ,�a s�^1 �. � A Yar},y i{,�' y r`r i'p r . '� r,�: . ',y t r:y ,. t 4 rkr•ih! J..s`4F;.r'd tr y customers, if any,, the City of Jefferson will not accept i 111E Y Y P ► provided, however, the City of Jefferson shall accept as its '{jJ ti ya customers any and all such customers if such customer's } wastewater complies with the City of Jefferson's ordinance ° requirements for wastewater from that class of customer. With respect to any customers rejected initially by the City of Jefferson, the City of Holts Summit shall have the obligation k "} to take appropriate action to compel such customer to bring s'ry its wastewater into compliance so that transfer can be ' u accomplished, or terminate wastewater service for noncompliance. In order to facilitate such transfer of customers, the City of � 7+ Holts Summit shall require all of its non-resident customers t served by the Treatment Plant to enter into a written sewer service agreement requiring such customer to: a) comply with all applicable wastewater standards established by the City of i :wry Jefferson and the City of Holts Summit from time to time; and y> - b) consent to the possible assignment of such sewer service ." agreement from the City of Holts Summit to the City of 44 Jefferson. b. Conveyance of Interceptor ]Line and Easement Rights . Prior to T expiration, or upon termination of this contract, the City of ,r' Holts Summit can elect to convey by appropriate deed or ' � Instrument, all or any designated portion of the interceptor ,... I , line and metering station to be constructed in accordance with this contract, as well as any easement rights for any sewer ;4f collector lines connected to said interceptor line. Upon any such conveyance, the City of Jefferson shall assume all responsibility for maintenance for all or any such portion of 'V the interceptor line and collector lines for customers 7 's transferred to this City of Jefferson. In the event that the �4 City of Holts Summit conveys the interceptor line or any portion thereof to the City of Jefferson prior to the date that the City of Holts Summit repays in full the bonds or other indebtedness financing the construction of such line, y 'x the City of Jefferson shall pay to the City of Holts Summit as consideration for such conveyance and transfer of customers a ' sum agreed upon by the parties, which sum shall be : + proportional to the amount of then remaining indebtedness for the portion of the line being conveyed. If the parties hereto .`?h disagree as to the amount of consideration, any such disagreement shall be resolved in accordance with the arbitration provisions of Section 14 . ` C. 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"t.�.,...a. 1I0'� 'v'!,$�.•fa1RiJ} 1iM T ,(.y. :1 .3 # ,}. ..! f�'?`•k* '�,.y i xY�*h,/4� r e,a,'��,. ,a?,�r,t .�Tv.l.�� 'i),M1'{, .{';W 1,S ,,• # � .e.'g, �t. ,1 ;�J•i�”. ,Ytrt��,t�,:�LU ''`.7, '"` '�;�{-'�Ir,�!'ta`„�IN.i.ati¢t,t(,•1 u.r4 R tyr� s .F ( .•{�+yf,t�!� Sri #:,aa;a e. FJ��t.r r rc ,i w �, iz,3o7 Intermunicipal Agreement Amendment THIS AGREEMENT is made and entered into by and between the City of Holts Summit, a municipal corporation, hereinafter referred to as "Holts Summit', and the City of Jefferson, Missouri, a municipal corporation, hereafter referred to as Jefferson City; this Agreement is to be deemed effective as of the 24d' day of May, 2016. WITNESSETH: WHEREAS, Holts Summit and Jefferson City entered into an Intermunicipal Agreement on May 23`d, 1996 (the "1996 Agreement') which addressed the construction of wastewater infrastructure, the provision of sewer services and the rates to be charged for such services: and WHEREAS, the parties desire a long term extension of the Agreement for wastewater services. NOW, THEREFORE, for and in consideration of the covenants contained herein, the 1996 Agreement between Holts Summit and Jefferson City is amended as follows: 1. Prior agreement. Any term of the 1996 agreement not modified herein shall continue in full force and effect. 2. Rates. A. Section 4 "Charges and Rates" of the 1996 Agreement is deleted in its entirety and replaced with section 2B below. B. For treatment of Holts Summit wastewater sent to Jefferson City, Holts Summit agrees to pay on or before the 24`h day of May, of each year the amounts identified on Schedule A, attached herewith and made a part of this Agreement. For each day the maximum daily flow is exceeded, Holts Summit agrees to pay for the excess flow at a rate equal to seventy one percent (71%) of Jefferson City's volume charge (Sec. 29-141 A). C. Rates may be modified after May 24, 2022, if the Federal or State government imposes new treatment regulations of the City of Jefferson for the treatment (but not collection) of wastewater. The Rates may be increased by use of the following formula: The percentage of the total wastewater treated by Jefferson City attributable to Holts Summit multiplied by the cost of the improvement required by the new regulation (attributable to treatment and not collection). This cost shall be amortized over ten years or the remaining years of the contract, whichever is longer, but not exceeding the term of this Agreement. D. The City of Holts Summit may elect to pay a higher or lower corresponding flow "tier" and rate identified on Schedule A to adjust for Allowable and Maximum Daily Flow and to accommodate growth or the lack of growth for future customers. '..Allowable Flow. Jefferson City agrees to have available for Holts Summit flow of wastewater into the Jefferson City system, in the amounts identified in column "Allowable Flow" identified on Schedule A, attached herewith and made a part of this Agreement. 4. Term of Agreement. A. Section 10 "Term of Contract" of the 1996 Agreement is hereby deleted in its entirety and replaced with section 4B and 4C below. B. This contract shall be in effect from January 1, 2017 through December 31, 2051. C. By mutual agreement this Agreement may be extended an additional term which shall be from January 1, 2051 through December 31, 2055. If either party desires to terminate this Agreement prior to renewal it must send written notice to the other party of its desire not to renew prior to January 1, 2046. 5. Cancelation. Section 15 "Cancelation" of the 1996 Agreement is hereby modified by amending the phrase "After an initial twenty year period, the City of Holts Summit shall have the right to terminate this Contract for any reason upon giving no less than two (5) years' prior notice to the City of Jefferson upon approval from the United States Department of Agriculture.— Rural Development". 6. Inflow and Infiltration. Holts Summit shall make every reasonable effort to limit inflow and infiltration into their system in order to avoid sending storm water into the Jefferson City treatment facility. 7. Annexation agreement. As part of the inducement for both sides to enter into this Agreement, the parties shall, contemporaneous to this agreement, enter into a written agreement pertaining to limits on annexation of the property between the two cities. 8. Miscellaneous. That the construction of the sewer collection and lift station system by Holts Summit is being financed by a loan made or insured by, and/or a grant from, the United States of America, acting through Rural Development of the United States Department of Agriculture, and the provisions hereof pertaining to the undertakings of Holts Summit are conditioned upon approval, in writing, of the State Director of Rural Development. Since said loan will be repaid from system revenues, this contract is hereby pledged to the United States of America as part of the security for said loan in accordance with the requirements of 7 C.F.R § 1780.62 (f). 9. Successor to the Purchaser. That in the event of any occurrence rendering Holts Summit incapable of performing under this contract, any successor of Holts Summit, whether the result of legal process, assignment, or otherwise. shall succeed to the rights of Holts Summit hereunder 10. Choice of Law. This Agreement has been entered into and shall be construed in accordance with the laws of the State of Missouri and proper venue shall be Cole County, Missouri. 11. Notices. All notices required to be in writing may be given by first class mail addressed to: If to the City of Jefferson: City Administrator City of Jefferson 320 East McCain Jefferson City, MO 65 101 If to Holts Summit: City Administrator Holts Summit City Hall 213 South Summit Drive Holts Summit, MO 65019 IN WITNESS WHEREOF, the parties hereto have caused their duly authorized agents to execute this Agreement to be effective as of the day and year first above written. City of Jefferson. Missouri Mayor City of Holts S ssouri Mayor 7D Ctty d6rk City Clerk APPROVED AS TO FORM: 6460 L City Counselor, Jefferson City City Attorney. Holts Summit Schedule A Original Term Year (May) Amount Allowable Flow (in ADF) Maximum Daily Flow in GPDgallons Excess Flow Charge per 1,000 2017 $215,000 500,000 NO LIMIT 2018 $215,000 500.000 NO LIMIT 2019 $215,000 500.000 NO LIMIT 2020 $215,000 500,000 NO LIMIT 2021 $215,000 500,000 NO LIMIT 2022 $268,000 550,000 2.200.000 71%of Sec. 29-141A 2023 $268,000 550,000 2,200.000 71%of Sec.29-141A 2024 $268,000 550,000 2.200,000 71%of Sec. 29-141A 2025 $268,000 550,000 2.200,000 71%of Sec. 29-141A 2026 $268,000 550,000 2,200,000 71%of Sec. 29-141A 2027 $335,000 600,000 2,400,000 71%of Sec. 29-141A 2028 $335,000 600.000 2.400,000 71%of Sec. 29-141A 2029 $335,000 600,000 2,400,000 71%of Sec. 29-141A 2030 $335.000 600,000 2.400,000 71%of Sec. 29-141A 2031 $335,000 600,000 2,400,000 71%of Sec. 29-141A 2032 $418,000 700,000 2,600,000 71%of Sec. 29-141A 2033 $418,000 700,000 2,600,000 71%of Sec. 29-141A 2034 $418,000 700,000 1600,000 71%of Sea 29-141A 2035 $418,000 700,000 2,600,000 71%of Sec. 29-141A 2036 $418,000 700.000 2.600,000 71%of Sec. 29-141A 2037 $450,000 750.000 2,800,000 71%of Sec. 29-141A 2038 $450,000 750,000 1800,000 71%of sec. 29-141A 2039 $450,000 750.000 1800,000 71%of Sec. 29-141A 2040 $450,000 750,000 2.800,000 71%of Sec. 29-141A 2041 $450,000 750,000 2.800,000 71% of Sec. 29-141A 2042 $500,000 800,000 3.000.000 71%of Sec. 29-141A 2043 $500,000 800,000 3.000,000 71%of Sec. 29-141A 2044 $500,000 800,000 3,000,000 71%of Sec. 29-141A 2045 $500,000 800,000 3.000,000 71%of Sec. 29-141A 2046 $500,000 800,0003,000000 71%of Sec. 29-141A 2047 $550,000 850,000 3,200,000 71%of Sec. 29-141A 2048 $550,000 850,000 3.200,000 71%of Sec. 29-141A 2049 $550,000 850,000 3,200,000 71%of Sec. 29-141A 2050 $550,000 850,000 3,200,000 71%of Sec. 29-141A 2051 1 $550.000 850,000 3,200,000 71%of sec. 29-141A Renewal Term 2052 $625,000 850,000 3,200,000 71%of Sec. 29-141A 2053 $625,000 850,000 3.200,000 71%of Sec. 29-141A 2054 $625,000 850,000 3,200,000 71% of Sec. 29-141A 2055 $625,000 850,000 3.200,000 71%of Sec. 29-141A 2056 $625,000 850,000 3.200,000 71%o(Sec. 29-141A I IN THE CITY OF HOLTS SUMMIT, MISSOURI BILL NO. 2013-080 ORDINANCE NO. 2369 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERMUNICIPAL AGREEMENT FOR SEWER SERVICE BETWEEN THE CITY OF HOLTS SUMMIT, MISSOURI, AND THE CITY OF JEFFERSON, MISSOURI. WHEREAS. on May 23. 1996, the parties entered into a inter -municipal agreement for sewer service between the City of Jefferson. Missouri, and the City of Holts Summit, Missouri, in order to implement, to the maximum extent practicable: the cooperative use of their existing sewerage systems and any sewerage facilities to be constructed in the future as detailed in Exhibit A, hereby accepted and approved by the Board of Aldermen and made a part herein by reference as fully as if set out herein verbatim: and WHEREAS, it has become mutually desirable and beneficial to amend certain terms and provisions of the inter -municipal agreement to establish base volume rates for an additional thirty- five years: NOW THEREFORE BE IT ORDANINED BY THE BOARD OF ALDERMEN OF THE CITY OF HOLTS SUMMIT, MISSOURI, AS FOLLOWS: Section 1. Authorization of Inter -municipal Agreement Amendment: The Board of Aldermen of the City of Holts Summit. Missouri authorizes the Mayor, on behalf of the City of Holts Summit, to enter into an inter -municipal agreement as detailed in Exhibit B. hereby accepted and approved by the Board of Aldermen and made a part herein by reference as fully as if set out herein verbatim for the City of Holts Summit, Missouri. Section 2. Payment for Inter -municipal Agreement: The Board of Aldermen of the City of Holts Summit. Missouri authorizes the payment for said inter -municipal agreement as detailed in Exhibit B. from the Sewer Fund. Section 4. Effective Date. The Board of Aldermen of the City of Holts Summit. Missouri authorizes the effective date for said inter -municipal agreement as detailed in Exhibit B. Therefore, this ordinance shall be in full force and effect immediately upon its final passage. FIRST READING HELD ON THIS 12`h DAY OF NOVEMBER 2013. TABLED ON THIS 9T" DAY OF DECEMBER 2013. SECOND READING AND FINAL PASSAGE HELD ON THIS 13`h DAY OF JANUARY 2014 ATI EST: Gwendolyn.Ed' rison, City Clerk U` C) P - 1 Jaeon Michael. Mavor Pro Tem