HomeMy Public PortalAboutORD12307.�. i+`+�i'.,��r�w
{ +
�{> y�i����s������•$t@Rf;3�J1���.Fy�iw t:f'¢t i r��t, r j �a�'r t �t� y �rl y r 4 5�` b •t f � f t � �.
Y t ! ':'•?�s. �' �'f-. N..,+, 't5, 4 t t 4 # ;f: t Y + f� 't. ;a k y r 1
rc5
a
1
a
I'
,r
ft• js
r
i
f
. 1
rte '
1�
A
'5pi�}f
F
t
33V,r.%
7 fti b Y�?. r,•' .,r; r, t
TA' ., .<•� }t'++j;e'Z ,>.. ;`t..,7 r'�J+ •'i a tta,,"fi'�` `,'.�,"kfi�d • �iY,; ,k'r:tv.1t7 iµ('t:!'4"Fi•`r t .b'i tl .} ! 'rrt
'�..l t+l .t. ,�.:�,,r�, JfC.n•.{�i1' ,7. ?L5'�y,v� ;,ri-;}.,3,j�?J'.�� 1.� �� '` � -I ,�, �`.,.�;^.t�, "�''' •a:
v .kr. 'r,t,'..a.�:r}�;w'• M .'3 5' �•� Y,'�� i vJ�:' '..rr�!":f', ..r#�'; r t'' .F�'4, �� ,.. .r .
�fl 7_.. t �:r� ,'d! ',.i<'k`� ;d•. 5 c 6 d�.wt�'.7t`#7r 1�N• •r'Xf'ay� t�:•`�.'::4' ):{?, rud.!r i t w"�h..rti> .t�, 3 r. ; + x! �.5' t
,A� ')r.,.vi-*'tc ,5�,•k;�M
R r. �,{i t t.,y:tb( Yf, rr ;�.'.'.{ii;4�r7,.�l.l*ay}'�j�[?',.�r�'tS;j,}`v`1.};.:f'✓y�'�.(�?3�9a:s?,',r,. ^1:;..�+r� �'. t.
t .,i. •�=i'.t# •,7 ,;X � :Lr" ;; r!i}r .yi ,��s v,[•J>; 3_�. i.f ¢.a�:4.($tlrai ,k•i;r'.'G ,4:fe S:C• .}. ,s.,,y`'a S '+�.i.f, !2},.�i,s yi.74}X,..s,t .7 •i�
�c'kt}1JR'
�•r'ip'4t`,�`ni�,"`,g}.m;�! 11,�fa)R 'S.°r�'�P'•jr.r.:.��its t,.t,lrx�rF��,.�'i�'•e•r�r�t }tpy .ifx.'s:,,psi,..�Y.i��n. ,', 1 S i•. ;+'
i a „,+,. =t>t0�;,:•'i.,,:ri ,tf� {Y�?�;.; 7.�.'� .4. t�' .�' .,i`y'y��si.�•�.�4r71;` 1R�'.,�.,1-.�x,,N,,;?i r ,1 k. .! t 1+
r„ r. ,a',r, ,r.�'<t ,. {+;. rt a.+t;,:r..,,�{•ylw ,�+' ';.fi's1�+'' �y..v!: ;, �.r`��?:(t't,�,.?ty�-��:'?�,rc''+ .lr`r r`i�.r:ii'�'x 'k• ri:t-� r.
a ;?.,; •sr ; , •. ;a: .;..�,, #� r,. fL;��d , .�,f Nor z� ' t�; q �,�. ;.
4Y�; ,ir {. ,°1..,1- ( �i�rP4 tr�:1j1 ��f�'�r� "�i+S YN1 �� 0.�}''+ L {,'�/.YY d'.•lr, {/ ��{ ,'l
+,t'!' .t v!.,,p.fit � ,:ly:�� ';2.,r t n t, ; SC, pg�'C: �:, �y..� •,:'r`�r iJw-. ''�:'�'"), y:. ,�, i. t J � r
�� � Z 'r:,..y+, .n 2. +'a, •r .:t''f �•.�,;Sp J. �I1 .,;, tt-4Y+'�} *s',\ a'°C? •�;a ',y:rir'a�� 7i ,�;��,t.r��k i'f?'!)r�,� 1:,..'„h. ,}UGC �. 4.
.f. S .l. '�•� 'S k t. .:Y 2 J k g I :t J k,T�'!i�..,.� ,..,,(,,',''. ..!
� t .r t S. h ni.,`(,,�'l;tr,5'w.}ry}�,i�.�l tI!.;Y.,w,'"r��`i�iy.,+ ;:.y,Gl d, Y•lr.R+ �{. ;S.?'h R 6�.�d.�Et�� 'liy'.��;.;*iii' I t t s.7.�„�`y,.` 1�i+1 t 1 .r..7 t 5' F .
z ."r .� ..i, �'h. 3 .•e., a. K�.. Eai,t ,i�ip .rk d,�F,,S.i� + ..1,% Qq., G. ,?{ '���,�{¢'�t•,�{'. � .e�,:•r ,.� .�,k� L.Srt,l�tr,-, �a r�' rit.,,,•E; t.
.,7 F s C rt •W :�rR':`%t�"•v'k`• }-qr �j�'{; ,?fs�s't}Y 'tfif ..�''.Yr4 ,y e�. ii� �� .$. " ��"".�,, kt�/e 6,. t��F�� ,�' i••?` 3,r 4k':..,rS�'' .e dlj��':t'l+. .5.�' �' #J�'
'+t. y. YS'td,^et. '.x t' 'f;;?'•3. a'A4'�L21•:1r ;ut„4• '�`s.z .�.;y7”.+7�' :u� :'§:,k ,.x, K„,4'thzr�.�;,. '• .��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. All rights, privileges and accounts related to any transferred
customers shall also be transferred to the City of Jefferson y
provided, however, that the City of Holts Summit shall retain {
the right to collect from any such transferred customers all
amounts owed by such customers to the City of Holts Summit for
sewer service provided up to the date such customers' accounts
.1 11
r�
y. w �� e '� •� £!zJ���3 1. ,f `.
..5 `. r,�`ti+ ! ;t1 t...' , 'yEdS'•z* �s}'.; 5, In '��'f
t �r
�yd�`,n'�1�1° � �ks.",� ' ,r +1tt�ur�i'�r71�dS•r*1>x^T "7t ,•h' r n,
"� } t1�sb
Alf, ^� 4 �� +b�N�.i1,��1� r�^�t f?L�,tN�fip� '�. eke �! y q � i %:(•��� M`( it
y f� it�,{�'if rt J-�i .q'.tS� xC "}Y',,�1 s zr�,iPe, t.r�k ^`"i{I �.' ytd +•`'� �:C :yr �+t ..� "., �
a 4 by•N,i g,r�r.r 1
a ti±
n�"�,N�Ly'� •'
�5 •..H I
�'st' � _ •
kt%'ijii — 7
1C1Cpp `R
R
/`
it
�yt 1 •
'" �•� r,
X
i)
r
k
f
f�S t
S;
1 L,
tl}i,
�,S•ry
:d
�r,��cc3jl1�•j
+=.may}..;� -.��?�•-�
e r jt
�v�d193:s:
Y.. .i
l�r. ir.^ A`"' r't•`•?4'C'l'i'( Y, .is 3 i�!..{i',5�r: 7 's,i i4 1 :r, 'i.. .i
..':,Y;;•e,:.rt!5%<•.,;Co:,:pr t�";�`�ttpp:'h'�" ,:;a+ .. :$ .±:I""'i..tt ,.Y{.: s;7'1:^�i•p ,•4.,:., �.r
{,%., {k.{.'ii"At ',,{{t C'1,4' iy'!Li_ 'a'n; Yf4. , 'i•<^.. , ;� r'; taS'$_.; 1.17,i;irr A.•ri .J, r ! •{ }�*
�.t t r;t;4 .+,ii. ,•.$r„r((;�'„�i,'�V (t;' .NN%"! � f ;, 15r, t.X, ��_�•',� }'�i +, ih3^s. �t �, c' r v
l .,i. w. �yF. �rrz )Y'3•`� h.Si W,9u., �^r }��tY 1 lirn..��r ,>i,+l�y �li%�..ry�`,�•'�' ,��eM?s,'.:-��'v;};,rf, �•�k5f� .l`” + .t
} ti i '!; a, ' ,. a v '°E;, :J? '` hf# {i�,, F r: a?.:�,t• 1 + , ,
�'$. ? x „t,., ..sx�+�`ik�...:.3•,1 N,'byY:.�,td1"�;.h?}.'t Y.�'9r ,vi•, f 'f,#�"�.+�ar 7r.�:.:.y`f.y 4.,+4p�� >=Tr .}!�” R;P,,:ti;' 1 i:; t .t !
st•�•; :aY,r.,,f t �?G ..� .,�, n s• : ;:�,}t� M;jSW„ss'1 ^Ct},,it:;��"�',��af r t�`i.. }�.{ ,}�? s 1.
2 l :•yi,j�: 21+hr;tFt
•t. !} l�: .,in.,`f•;��yt°�..n,:e. .{ ;t?,i;„5t.,�•" ,.:�. k4r,��',r2;. fr.,ar1!!�;a,.4;Xy�t. .;}, d.t 'FaS. .lanl ris..tl i•;t; .#:':'d••:•;:•;"z.; ,+. �r..
�5,.ratiSU.��.,�,?;;�L."w;aaEe. �. .r M,�•.kr, y.#l,v^�.,.�,t.,rktaa�'i'�•, ;r>t,�r..yYS. ,It„>�`,.. ^tt•: t , i
:
"�
a ;itti~•f..3 r»�, rx'.J•{ Y'fi.' a � , r
a:, ;a {, .:' a r•S �. , r{
, in. � {{,, a a t,� '!'y3:d�iip � °I,�• r,F,F�;t-} • 't�. �In;h'� i�;y t'
s" E`.J• ,4 „'iCM.: {
.� j y't, .l i. r•” s,r yj.r.t.. 1 3 Y i•'y1� (tt .2 ',.1
.a., t,� yy{1,'; 'j#r� r;A: str,'i•E�`t�'� 1: ( ,, t',. ', 'hyt. ,f .s:.rnu.
t, .r / f.a .t _,>'t .,.; �.1'"..y ,tK^Y •,,r.. �,r c.77 t1 ;h. �,��..t. .:,�,"�:, n3,•, t.}..: t. {{i�i•;.,�f" t. :?f.. 1:','e iL'•I'l � ''.4 •�+ f
1 F 2 J' ��th a?',�. �` Mff .'t. s ���.}tt,� 1 ?r�,'h•, ..t": 1 f,.,�4'tX4'.a=, .ti y':. ?*. t. r
�. x ,: } .5•.:{'F-'y',,,t.tfr X)^ c,:don't:. #Car1F4'
.�t5 y ;?» .r f ,1. ;•Si..`.*r,`�:,
t's• •. .`i43�;�"1;({+�':"1,ay> { : 4 -(;i•.+yy .i j4C•tY;t.'i�'prrf4,X` r g N yYl+ y r ,xiS.
.r .. r a:^4.<•3<..{.; t .S.��i:;rh !, �",.f, ;��(., lrAs4? t ! •��. .u�' S� ,.t.i�!:;i h>I'S{. yr :1 :7 f.
a.p,. , r4 r' ;v `�r< + :�t»:::is,• '`'rta�l�,�a?,i; �� r°-�t3':+`.r>..s't. , }�},.! �1.�� �'�+ �"t'=�'��!�+'.'` f �,?t:t+ '
y ,,r � t,.;r,, ,�1��>;±•:a. t�^h :.9•#,filr:t���.�.',t�„.:��"L°�+.�, �!•' r�+:'�s'�du„Szo'r �S:rU;`'3���.�'vt�,.�+;y.,..{L,`r//;'�:�h,�.t�.t�' xf r ;�t 's `f S i
r..1•,f r• �7'x.:"t.'"��}}'tk ",l'k ..;}),.� .?aN, IrQ ' �it,'�f..y�yF+., .N , •t. n. i r , t.
ti}+ '1R`: r :i4?s t u.j ,rr.,Lt}?:,i••^ot: y ./'�.'.•)t:u, �. .•L t!"AM..iyil`rf,xt x ,•»jdt.� ^�t a,:�y•N^frsi, �✓,1�.''. "t.�.,...a. 1I0'� 'v'!,$�.•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