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BILL NO. . 92-139
SPONSORED BY COUNCILMAN HAAKE
+:t ORDINANCE NO. 11875
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE
CITY OF HOLTS SUMMIT, MISSOURI FOR PROVISION OF WASTEWATER
SERVICES.
,a BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
. AS FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
X. execute an agreement with the City of Holts Summit, Missouri for provision of
wastewater services.
Section 2. The agreement shall be substantially the same in form and content
as that agreement attached hereto as Exhibit A.
F Section 3. This Ordinance shall be in full farce and effect from and after the
date of its passage and approval.
y Passed• _a4-*-k. /s", /�f�� Approved:
Presi ' Officer or
ATTEST:
City Clerk
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INTERMUNICIPAL AGREEMENT
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THIS CONTRACT, made and entered into this a 1�day of `? .�-c. , _
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' regardless when signed b the
gn y parties hereto, by and. between the City of Jefferson,
Missouri, a constitutional charter city, and the City of Holts Summit, a fourth class city in
Callaway County'
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WITNESSETH:
t .k WHEREAS, the City of Holts Summit proposes to construct, own and maintain flow
meter and sewer from the easterly right-of-way of Route 54 to Holts Summit= and
WHEREAS, the 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 easterly right-of-way of Route 54; and k
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WHEREAS, if the City of Jefferson's facilities must be upgraded in the future to t`
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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 A issouri 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 to discharge the wastewater from within its
corporate limits to the City of Jefferson wastewater system; and
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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
Y' agreements herein contained, it is agreed by and between the City of Jefferson and the City
of Holts Summit as follows:
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Section 1. Definitions L}
All terms which are defined herein shall have the same meanings for all purposes of
Y” this Contract as amended and supplemented, except where the context by clear implication
otherwise requires.
Domestic Waste shall mean liquid waste (a) from the non-commercial preparation,
cooking and handling of food or (b) containing human excrement and similar matter from
the sanitary conveniences of dwellings, commercial buildings, industrial facilities and
institutions.
"Hereby,herein, hereinabove,hereinafter,hereinbefore,hereto,hereunder" - and any similar
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term referred to in this Contract and not solely to the particular portion thereof in which
tt stated date of this Contract• and
such word is used; heretofore shall mean before the st
`a'(< "hereinafter" shall mean after the stated date of this Contract.
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"Industrial Wastewater' - shall mean the liquid waste resulting from the processes r
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tv, employed in industrial, manufacturing, trade or business establishments, as distinct from
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v 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
lf: waste to comply with Federal, State or Local pretreatment regulations and standards in
which other wastes may or may not be present.
y'° " "Local Project Cost" - shall mean that part of the project cost that is not paid for by either
state or federal funding.
' "National Pollutant Discharge Elimination System (NPDES)" - shall mean the program for
issuing, conditioning and denying permits for the discharge of pollutants from point sources
into the navigable waters, pursuant to Section 402 of the Federal Water Pollution Contra
Act.
"Operation and Maintenance Costs" - shall mean the cost of operation, replacement,
maintenance and administration of the City Wastewater System,including development and
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'^ ant conditions but
implementation of any regulatory programs which may required y grant
not including project costs.
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"Project Costs" - shall mean all reasonable and necessary costs and expenses incurred in
" designing, financing and constructing the project, including but not limited to, costs and
expense for obtaining necessary permits, licenses, approvals and grants for design and
construction; architects', contractors', and engineers' fees; the cost of labor, material,
supplies and services actually used in design and construction; fees for legal and consulting
services; property acquisition; debt service; interest on bonds or other obligations to finance
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Project Costs which shall be credited at the time
interest on b bonds
bonds or other obligations to pay the cost of prior improvements retired; and
principal ,.
p vexnents of the
project.
"Pretreatment" - shall mean application of physical, chemical,
-' k reduce the amount of pollutants in or alter the nature of the biological processes to
wastewater prior to discharging pollutant properties in a
.�X �� fig' such wastewater into the Collection System. .
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Pretreatment Standards" - shaL mean all applicable Fed
''. implementing Section 307 of the Act, as well Federal rules and re
ti In cases of conflicting standards or re 1 as
any nonconflicting State or local standards,
' - regulations, the more stringent thereof shall be applied.
"Sewage"f. _ shall mean the same as the word "wastewater" and is u
sed interch
.;.... herein.
eably
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"201 P _ '
lan" shall mean the document entitled 201 Facilities Plan
-�-r User" - sha an
shall mean (any person, firms, corporation, private utility,
entity, whether municipal or otherwise, discharging sewage to
Y� public utility or other
Wastewater S g the pity of Jefferson
System or the City of Holts Summit's Sewer System
,v "Wastewater" - shall mean the same as the word "sewage" and is u
herein and has the following meanie all used interchangeably
g liquid or water-carried waste products from .
V whatever source derived, together with such
` ground water infiltration and surface water as
may be present whether treated or untreated, which is di
enter the City of Jefferson Wastewater discharged into or permitted
s4 f ater System or the City of Holts Summit's Sealer System,
"Wastewater System -shall mean an
or used by the City for the Y device,facility, structure, equipment or works owned
' reclamation of industrial and Purpose of the transmission, storage, treatment, recycling
' most economical cost over the estimated life of the ss and
ary to recycle or reuse water at the
p�PuZg,Power and other equipment, system, including outfall
remodeling, additions and alterations thereof and an works sewers,
appurtenances, extensions, iin�ir�o-vements,
the land that will be an integral part of the treatment process l or iling site acquisition of
disposal or residues resulting from such treatment. s used for ultimate
Section 2. Provision of Sewer Services
a• The City of Jefferson agrees to accept the wastewater from the '
area and to convey and treat same, except as hereinafter exclude Y of Holts Summit d.
b• The wastewater from the City of Holts Summit
Jefferson at a location indicated on the facilities shall a be received by the City of
conveyed in the City of Jefferson's heretofore existing wastewatebsvatem described, and
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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.
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C. The City of Jefferson agrees to accept all users who desire to connect to the system
provided all commercial and industrial users
operated by the City of Holts Summit, pA.0
desiring to connect to the system shall be reviewed by the City of Jefferson to assure
the nature of the effluent meets all regulations and requirements and can be served
within the capacity made available to the City of Holts Summit. The initial waste
water treatment capacity made available to all users of the City of Holts Summit's
system shall be 500,000 gallons per day. In the event that during the term of this
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 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 Section 8 herein.
d. The characteristic of the wastewater discharged to the City, of Jefferson shall be in
conformity with the Ordinances and Regulations pertaining to th e use of the
d in accordance with all State and
Jefferson
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wastewater.system of the City of Jeff
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3� Federal Laws, Rules and Regulations including the requirements for pretreatment,
whichever is the most restrictive. Wastewater not in conformity with such Rules and
t. 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 agreement shall be so designe d and built as to provide
access to the effluent at the meter location for purposes of testing and measuring the
nature of the effluent.
Section 3. Construction, Maintenance and Operation of Facilities
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 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 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 t he collection system
and interceptor, the facilities shall be operated, maintained and repaired by the City
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' of Holts Summit with the 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 the easterly 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.
d. The City of Jefferson shall have full responsibility for the sewer system from the
metering station at the easterly right-of-way line of Route 54 to the Treatment Plant
and shall assure that it is operated, maintained, and repaired at no cost to the City
of Holts Summit other than as stated herein.
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�• e. The City of Jefferson agrees to operate, maintain and repair the heretofore existing
sews a treatment plant and to permit the City of Holts Summit to utilize a portion
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.: of the capacity of this facility.
f, The City of Jefferson agrees to use its best efforts to obtain the necessary permits,
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materials, labor and supplies, and to obtain State and Federal grants and to borrow
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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
l upon the following:
1. Receiving the necessary permits from the Missouri Department of Natural
Resources and the United States Environmental Protection Agency.
x;'44 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
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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
S' agreed, however, that any obligations on the part of the City of Holts Summit shall
be conditioned upon the following:
,f 1. Receiving the necessary permits from the Missouri Department of Natural
Resources and the United States Environmental Protection Agency.
:z 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.
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3. The ability to obtain all necessary materials, labor and equipment necessary
for completion of the facilities,
Section 4. Charges and Rates
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The City of Holts Summit hereby agrees to pay a monthly charge to the City of Jefferson `
for the right to utilize the City of Jefferson. wastewater system and for the operation,
.;, . maintenance and repair of the City of Jefferson wastewaters stem in accordance with the
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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 category of user is $1.055 per 100 cubic feet •($1.41 per thousand .,
�ytk2a gallons).
In addition to the above rate for treatment the City of Holts Summit agrees to a the
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following. P
y; = 1. A fixed monthly charge equal to fifty percent (50%) of the actual, direct cost of " q
the City of Jefferson's constructed sewer extension as provided in Section 3 '
herein, amortized for twenty (20) years at eight percent (8%) interest per
annum. This component of the monthly charge shall expire upon payment of
+ y>: the two hundred fortieth (240th) monthly charge payment by the City of Holts
2, Summit, except that in the event this agreement terminates under Section 15
,,, herein any remainin g
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
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balance of the principal and accrued interest of such amount.
2. The City of Holts Summit shall pay a surcharge ("Wastewater Surcharge")for
r excess suspended solids ("S.S.") or Biochemical Oxygen Demand ("B.O.D."), if
any, in accordance with the limits and rates established from time to time for
all users of the City y of Jefferson's wastewater system 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, fee, or cost imposed upon the City of Jefferson by any state or
f, federal regulatory agency attributable solely to wastewater flow from Holts
'' R:Riyf; 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 shall be calculated on or about the last day of the
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"y. preceding calendar month and shall be due and payable within fifteen (15) days of the
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billing date. In the event the City of Jefferson prevails in any legal proceeding to collect any
� sucb charges, the City of Holts Summit shall pay all legal costs associated with such `x
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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
k system under the terms of this Contract shall be the date the system is functional and they
City of Jefferson authorizes the City of Holts Summit to discharge wastewater-into the a
facility. Charges to the City of Holts Summit shall be computed from the date of j
commencement of service whether or not the City of Holts Summit utilizes the City of "?
Jefferson wastewater system.
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Section 5. Industrial Pretreatment f
The City of Holts Summit agrees to establish an industrial pretreatment system and to f`
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 '
,y they apply to either the City of Holts Summit or the City of Jefferson. Any and all-reports r'
v' required to be filed with either the Department of Natural Resources or the U. S. EPA on
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behalf of the City of Holts Summit shall also be sent to the City of Jefferson. The City of
Jefferson reserves and is hereby given the right to inspect any and all users within the City
of Holts Summit 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 -
�e.
�y 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.
The City of Holts Summit agrees to furnish and make available to the City of Jefferson, any
and all City of Dolts Summit's records, information, plans and other data necessary for the
City of Jefferson's establishment, operation and maintenance of the wastewater system and
for the establishment of the sums to be paid by the City of Holts Summit to the City of
Jefferson pursuant to 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. Connection to Wastewater System
The City of Holts Summit hereby agrees that it will connect to the City of Jefferson's
wastewater system as hereinabove described.
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` The date of connection will be determined according to future project construction schedules.
'r r The City of Holts Summit will be notified of the anticipated date of beginning operation.
The City of Rolts Summit shall not connect the City of Holts Summit sewer system, to the
wastewater system of the City of Jefferson until it is authorized to do so in writing by the
City of Jefferson.
Section 8. Expansion of City of Jefferson Facilities
If the capacity of any part of the wastewater facilities covered by this agreement is
exceeded, the City of Holts Summit and City of Jefferson representatives shall authorize a
J ° 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 wastewater affecting the system. These should include but shall not
be limited to: system rehabilitation, inflows, control, in-line equalization, water
conservation measures,pretreatment,alternative treatment locations and expansion of City
of Jefferson facilities.
.,.; Upon mutual consent of a necessity to upgrade the City of Jefferson pump station 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
�t.. provide that the City of Holts Summit participate in the total construction cost of the
upgraded pump station(both existing heretofore plus any hereinafter additions, extensions,
or improvements) in proportion to the capacity to be apportioned to the City of Holts
., Summit as compared with the total capacity of the expanded treatment plant.
} Section 9. Assumption Option
It is 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.
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Section 10. Term of Contract
This contract shall be in effect from the date and year first written above through the
day of , 2013 (the "Original 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 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 maybe changed or modified only upon mutual
consent. Such change or modification may be requested by either party, in which event a
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meeting of the representatives of both parties shall be held within ninety (90) days after
giving them a written notice, at which meeting the requested changes or modifications shall
be considered and discussed. Rate changes shall not be made except under the provisions
of Section 5.
The original purchaser of any bonds issued to carry out the financing of the facilities coveredF
in this Agreement shall also be notified by written notice and may, at his discretion, be
represented at any such meeting or meetings.
Section 12. Severabilitry
r
Should any part, terms or provision of this Agreement be declared illegal by the courts or
in conflict with any law, the validity of the remaining portions or provisions shall not be
affected thereby. '
,
Section 13. Assignment
This Agreement shall inure to and be binding on the successors and assigns of the parties
hereto provided that no assignment shall be made by either party without the express
consent and approval of the other party.
Section 14. Arbitration
Any dispute between the City of Holts Summit and the City of Jefferson arising out of or
in any way related to this contract, if 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, each party shall select one (1)
arbitrator and these arbitrators will jointly select a third arbitrator, and the decision of the
majority of these arbitrators shall resolve such dispute. Judgment upon the award rendered
9
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by the arbitrators may be entered in any court having jurisdiction. Costs and fees relating .c
to the arbitration process shall be paid as determined by the arbitrator or arbitrators•
g Section 15. Cancellation.
Notwithstanding any other provision in this contract, this contract shall terminate Prior to
the expiration of any term if either party elects to terminate this contract by written notice
to the other party in the event that such party has failed to cure a material breach of the `fir
contract within ninet (90) days of receipt of written notice from the P art electin g to
terminate this contract describing n such breach of this contract. The City of Holts
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Summit shall have the right to terminate this contract for any reason upon giving no less M;, ..
than two (2) years' prior notice to the City of Jefferson. In the event of termination prior atintt ;
to the payment of all capital costs as contemplated under subpart 1 of Section 4 relating to
P Ym P P P g
the sewer extension, all principal balances and unpaid interest payable at the time of
termination shall be p aid in one lump sum at that time. $ ���'
frr rk xrrt'N.
Cr MIA Section 16. Rights and Obligations Under Expiration or Termination. W2,
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:
a. Transfer of Wastewater Customers. Prior to expiration of the last Extension Term, .nii,,='
or within sixty (60) days of termination of this contract, the City of Holts Summit . ,~..
S• r`a'i * t'
4 shall notify the City of Jefferson of those wastewater customers of the City of Holts � �, ,
Summit (resident or non-resident), if any, which the City of Holts Summit desires F
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 a
shall notify the City of Holts Summit which customers, if any, the City of Jefferson
will not accept, provided, however, the City of Jefferson shall accept as its 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 to take appropriate action to compel such customer
to bring its wastewater into compliance so that transfer can be accomplished, or
terminate wastewater service for noncompliance.
In order to facilitate such transfer of customers, the City of Holts Summit shall
require all of its non-resident customers 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 Jefferson and the City of
' Holts Summit from time to time; and b) consent to the possible assignment of such
:j sewer service agreement from the City of Holts Summit to the City of Jefferson.
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b. Convevance of Interceptor Line and Easement Rights. Prior to expiration, or upon
termination of this contract,
the City of Holts Summit can elect to convey by
appropriate deed or instrument, and upon such election the City of Jefferson shall,. accept, all ownership and easement rights for all or any designated portion of the
interceptor line and metering station to be constructed in accordance with this contract, as well as any easement rights for any sewer 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 the interceptor line
and collector lines for customers transferred to the City of Jefferson. In the event
that the 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
t; bonds or other indebtedness financing the construction of such line, 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 disagree as to the amount of consideration, any
( such disagreement shall be resolved in accordance with the arbitration provisions of
Section 14. µ ,
C. All rights, privileges and accounts related to any transferred customers shall also be
transferred to the City of Jefferson provided, however, that the City of Holts Summit
.` shall retain the right to collect from any such transferred customers all amounts
w ' �¢ owed by such customers to the City of Holts Summit for sewer service provided up
to the date such customers' accounts are transferred by the City of Jefferson.
' Section 17. Notices
All notices, consents, authorizations, requests and statements hereunder shall be deemed
to have been properly given if delivered by and or mailed by first class United States mail,
postage prepaid, if to the Director of Public Works and the City Counselor, City of Jefferson
tilt at 320 E. McCarty, Jefferson City, Missouri 65101, and if to the Mayor, City of Holts
Summit to 520 S. Summit Drive, Holts Summit, Missouri 65043.
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'w[A affixed hereunto neededo and attested
Ai witnessed where necessary, all as of 1 year first above
CITY OF HOLTS SUMMIT, MISSOURI CITY OF JEFFERSONp MISSOURI
t• Mayor a or
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XdEST: ATTEST:
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