HomeMy Public PortalAboutORD11009 ® BILL NO. 87-202
SPONSORED BY COUNCILMAN Halsey
ORDINANCE NO. �On2
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT WITH WATER DISTRICT NO. 2 FOR BILLING AND
COLLECTING SEWER USER'S FEES.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized and
directed to execute an Agreement with Water District No. 2 as it
pertains to billing and collecting sewer user' s fees.
Section 2. The agreement shall be substantially the same in
form and content as that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect
from and after the date of its passage and approval.
® Passed Approved S'8
-T"
esi Officer r
ATTEST:
City Clerk
AGREEMENT
This Agreement, made as of the r' day of ,
198 , � pursuant to the action of the City /Counc 1 on
, c/ , 198 ,? , authorizing this agreement between
tbd City of Jefferson, a municipal corporation, located in Cole
County, State of Missouri, (hereinafter called "City") , and Water
District Number 2 (hereinafter called "'Water District") :
WITNESSETH:
In consideration of the premises, and the mutual covenants
and agreements hereinafter contained, it is agreed by and between
the parties hereto as follows:
1. City does hereby employ Water District as City's agent
to bill and receive payments for all sewer service charges
arising from sewer service within Water District Number 2 as
provided for in Section 26-130 of the Code of the City of
Jefferson, Missouri, and Water District does hereby accept said
employment from City.
2. City does hereby designate and appoint its Director of
Public Works as City's representative to whom all inquiries from
Water District with respect to the performance of Water
District's obligations under this Agreement shall be referred,
and the decisions of said Director of Public Works shall be
final, binding upon the Water District and decisions upon which
Water District may fully rely.
3 . After the effective date of this Agreement the Water
District shall cause monthly bills to be rendered for sewer
service charges to all "residential, commercial, and industrial
establishments" within Water District, as defined in Section 25-1
of the Code of the City of Jefferson, Missouri. Current sewer
service charges shall be billed as a separate item on the water
bill rendered by Water District to its customers. On or before
the 25th day of each month City shall furnish Water District a
complete list of all new or discontinued accounts of residential,
commercial and industrial establishments as defined in said
Section 26-1, together with the sewer service charges to be
billed to each such establishment and the period for which such
charges shall be billed. Water District shall bill such charges
in accordance with such direction received from City. Water
District shall have no obligation whatsoever to render bills to
any residential, commercial and industrial establishment as
defined in said Section 26-1, other than those who are customers
of Water District. In all instances in which Water
District shall be in doubt with respect to the
applicability and/or determination of sewer service charges,
such matters shall be referred to City which shall
i
4
® determine the same transmit such determinations in writing to
Water District. Water District shall thereafter cause to be
rendered all applicable sewer service bills in accordance with
such determinations. In every instance in which City shall
adjust the sewer service charge applicable to a given
establishment, City shall notify Water District thereof in
writing and Water District shall thereafter cause bills to be
rendered for sewer service charges to such establishment in
accordance with said determination.
4 . Water District shall cause sewer service charges to be
billed in accordance with the terms and provisions of Chapter 26
of the Code of the City of Jefferson, Missouri, and any rules and
regulations promulgated thereunder. In the event that City shall
at any time, or from time to time, in the future make any change
in the rate schedule of sewer service charges to be billed by
Water District, City shall not make such changes effective sooner
than :30 days from and after the date upon which written notice
thereof shall have been delivered by City to Water District.
City agrees that such adjustments, if any, to billings for
over or under registration of Water District's water meters as
Water District shall determine should be made for the purpose of
billing for water service shall likewise be made for the purpose
of billing sewer service charges.
® Nothing in this agreement shall be constructed to limit in
any way the Water District's right to discontinue its service to
any of its customers at any time in order to enable the Water
District to enforce its own regulations relative to water service
or to enforce payment or partial payment of water due and owing
to Water District or sewer service charges due and owing to City,
and Water District shall incur no liability whatsoever to City as
the result of any loss in sewer service charges resulting
therefrom. Nothing in this Agreement contained shall be
construed as obligating Water District to discontinue water
service at an establishment because of the non-payment of such
establishment of sewer service charges, provided, however, that
Water District may discontinue water service at any establishment
because of the non-payment of any amount due by such
establishment for water.
5. Monthly bills rendered for sewer service charges shall
be due and payable at Water District's office at the time that
Water District's monthly bills are due and payable. Water
District shall on or before the 25th day of each calendar month
deposit with the Treasurer of City the full amount of all sewer
service charges collected by the Water District during the
preceding calendar month. Water District shall also deliver to
the Director of Public Works during the months of July and
January of each year, or more often if Water District desires, a
list of all establishments which have failed to pay sewer service
charges and the amount of such establishment's delinquency
according to the books and records of the Water District, and
�sas
Water District shall credit against and amounts due City the
® amount of sewer service charges which have been billed and not
received by the Water District during the preceding accounting
period, and which sewer charges have been paid by Water District
to City when billed. Water District agrees that it will properly
account for and transmit to City all sewer service charges billed
or collected by Water District for City. Water District agrees
to furnish City a fidelity bond in the penal sum of $25, 000.00,
countersigned by a surety company satisfactory to City, which
shall indemnify City against and loss sustained by reason of the
failure of Water District to turn over to City all sums of money
billed or collected by Water District and due City under the
terms of this agreement. All premiums for such fidelity bond
shall be paid by City.
6. Water District's liability under the terms of this
Agreement between Water District and City relative to the
collection of sewer service charges, shall be limited solely and
exclusively to any loss sustained by City by reason of Water
District's failure to account of sewer service charges. In
consideration of Water District's agreement to perform the duties
and responsibilities imposed upon it by this Agreement, City does
hereby release and forever discharge Water District of and from
any and all claims, demands, damages, actions, causes of action,
or suits at law or in equity, of whatsoever kind or nature, which
City may hereafter have against Water District on account of any
® action whatsoever either taken or failed to be taken by Water
District under the performance of Water District's duties and
obligations under the terms of this Agreement, except the Water
District's obligation to account for and transmit to City all
payments of sewer service charges received or billed by Water
District.
As further consideration of Water District agreeing to bill and
receive payment of sewer service charges as provided in this
Agreement City hereby covenants and agrees that it will indemnify
and save harmless Water District from and against any and all
actions or causes of action, claims, demands, liabilities, loss,
damage or expense of whatsoever kind of nature, including
attorney's fees which Water District shall or may at any time
sustain or incur by reason or in consequence of any alleged act
of Water District or alleged failure to act by Water District in
performance of Water District's duties and obligations under the
terms of this Agreement, except for Water District's obligation
to account for and transmit to City all payments of sewer service
charges billed and received by Water District.
It is agreed between the parties hereto that Water District shall
have no obligations to enforce collection of delinquent sewer
service charges, provided, however, that Water District may
discontinue water service to any establishment for its failure to
pay in full all charges for water and sewer service charges
• billed, and it shall be the sole and exclusive obligations of
City through its duly authorized officers and agents, to enforce
collection of sewer service charges, provided Water District
® shall furnish all necessary information from its records that may
be required by City to enforce collection of said delinquent
sewer service charges.
In the event a customer of Water District shall make a
partial payment on a bill which contains charges or both water
and sewer service charges, Water District shall apply any such
partial payment of the charges for water and sewer service
charges on a pro-rata basis, based on the amounts of the
respective charges. Nothing in this Agreement shall prevent
Water District from discontinuing water service to any customer
for failure to pay the balance of all charges billed to
customers.
7. In consideration of Water District"s rendering bills
for and receiving payments of sewer service charges, as provided
in this Agreement, and transmitting to City such sewer payments
billed and furnishing to City lists of all establishments which
are delinquent in the payment of sewer service charges, City
shall pay Water District the sum of 450 for each and every bill
caused to be rendered by Water District to customers of Water
District for the preceding month on which a sewer service charge
is set forth and billed. Such charges are based in part on a
mail postage rate of 100 per each bill mailed by Water District
and it is agreed that in the event the United States postage rate
is greater than 140 per bill that the charge of 450 for each bill
rendered to customers of Water District shall be automatically
increased by 50% of the amount of the postage increase.
In the event City requests Water District to render any service
other than one of those hereinbefore set forth in this Agreement,
such as, but not limited to, providing City with date to be used
for the adjustment and/or collection of sewer service charges,
sending out delinquency notices on City's forms, or making
reclassifications of accounts which are required to be made as a
result of (a) special instructions received by Water District
from City or (b) amendments made by City to said Chapter 26 or
(c) changes in rules and regulations promulgated under said
Chapter, Water District shall render such additional service to
City and shall make a separate charge therefor. Such additional
charge shall be reasonable related to the cost of providing the
service.
From time to time, as may be appropriate after the date of this
Agreement, Water District shall compute the total sum due it for
services rendered by it over and above the sum of 450 and 450 per
bill for each and every bill rendered by Water District. The
amount so computed shall be deducted from the amount of sewer
service charges billed by the Water District during the preceding
month. At the same time that each monthly deposit of sewer
charges billed is made by Water District, Water District shall
furnish the City Treasurer with an accounting for the sum
® deducted by Water District as payment of its services rendered
under this Agreement.
S. The term of this Agreement shall commence on the
day of , 198 , and terminate one year later,
provided, however, after the termination date the term of this
Agreement shall continue on a year to year basis until changed or
terminated as hereinafter provided. City or Water District shall
have the right to terminate this Agreement, effective on the
first day of any calendar month, provided that City or Water
District shall give written notice of Water District's or City's
intention to cancel said Agreement at least six (6) months prior
to the effective date of such cancellation.
9. This Agreement is binding upon the parties hereto and
upon their respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed the
foregoing instrument on the , day of a,2--c-/ ,
19 e
CITY OF JEFFERSON
By
May
ATTEST:
City Clerk
WATER DISTRICT #2
By
ATTEST: