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HomeMy Public PortalAboutORD08253 BILL NO.—�L 3 INTRODUCED BY COUNCILMAN ORDINANCE N0. ;? ,D 3 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND THE CLERK OF THE CITY OF JEFFERSON TO EXECUTE A CONTRACT WITH THE CAPITAL CITY WATER COMPANY OF JEFFERSON CITY, MISSOURI, RELATING TO THE BILLING AND COLLECTION OF SEWER SERVICE CHARGES . WHEREAS, the City Council approved the Public Utilities Committee Report submitted February 16, 1970, to execute contract with the Capital City Water Company for the billing and collection of sewer service charges, NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and the Clerk of the City are hereby authorized and directed to execute a contract with the Capital City Water Company of Jefferson City, Missouri, for the billing and collection of sewer service charges . Section 2 . Said contract shall read in words and figures as follows: (see attached) Section 3. This ordinance shall take effect and be in force from and after its passage and approval. Passed Approved resident of the o incil Mayor Attest City Clerk r , ry A G R E E M E N T THIS AGREEMENT made as of the 15th day of April, 1970, pursuant to the action of the City Council on February 16, 1970, authorizing this Agreement between the City of Jefferson, a municipal corpora- tion, located in Cole County, State of Missouri, (herein called . "City") , and Capital City Water Company, a Missouri corporation, (herein called "Company") , WITNESSETH: WHEREAS, City has by Ordinance No, 7454, and amendments thereto, duly enacted by the City Council of the City of Jefferson, and approved by its Mayor, ,levied and assessed certain rates and charges for the use of public sewers and the sewerage system of City (herein called "Sewer Service Charges") , and said sewer service charges are to be determined on the basis of water con- sumption as set .forth in said Ordinance; and WHEREAS, City has requested Company to bill and receive pay- ment for said sewer service charges , and to remit such payments to City; and WHEREAS, Company is willing to bill and receive payment for said sewer service charges and to remit said payments to City, AOL subject to the terms and provisions hereinafter set forth: NOW, THEREFORE, in consideration of the premises, and of the mutual covenants and agreements hereinafter contained, it is agreed by and between the parties hereto as follows: VF 1. City does hereby employ Company as City's sole agent to bill and receive payment for all sewer service charges as provided fort in Ordinance No. 7454 of the City of Jefferson, Missouri, duly enacted by the City Council of said City, and approved by the Mayor of said City, and all amendments thereto, and Company does hereby accept said employment from City. 2. City does hereby designate and appoint its Director of Public Works and/or its City Engineer as City's representative to whom all inquiries from Company with respect to the performance 0of Company' s obligations under this Agreement shall be referred, and the decisions of the said Director of Public Works and/or City Engineer shall be final, binding upon the Company, and decisions upon which Company may fully rely. 3. After the date of this agreement the Company shall render monthly bills for sewer service charges to all "residential, com- mercial, and industrial establishments" as defined in said Ordinance No. 7454, as amended. In every instance in which such "establishment" is -a customer of Company said sewer service charges shall be billed as a separate item on the water bill rendered by Company to its customer. On or before the 25th day of each month the City shall furnish Company with a complete list of all residential, commercial and industrial establishments as defined in said Ordinance No. 7454, -2- as amended, who are not customers of Company, together with the sewer service charge to be billed to each such establishment and the period for which such charge shall be billed. Company shall bill such charges in accordance with such directions received from City. Company shall have no obligation whatsoever to render bills to any residential, commercial and industrial establishments as defined in said Ordinance No. 7454, as amended, other than (1) those who are customers of Company, and (2) those who are not customers but whose names are set forth in the appropriate written lint submitted by City to Company as aforesaid. In all instances in which Company shall be in doubt with respect to the applicability and/or determination of sewer service charges, such matters shall be refori ed to City which shall determine the same and shall transmit such determinations in writing to Company. Company there- after shall render 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 establish- ment, City shall notify Company thereof in writing and Company shall thereafter render bills for sewer service charges to such establishment in accordance with said determination. 4. Sewer service charges shall be billed by Company in compliance with the terms and provisions of said Ordinance No. 7454, as amended, and the rules and regulations promulgated thereunder. ' -3- 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 Company, 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 Company. City agrees that such adjustments, if any, to billings for over or under registration of water meters as Company 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 construed to limit in Aftany way the Company' s right to discontinue its service to any of its customers at any time, in order to enable the Company to enforce its own rules and regulations relative to water service or to en- force payment of water bills due and owing to the Company, and the Company shall incur no liability whatsoever to City as the result of any loss of sewer service charges resulting therefrom. Nothing in this Agreement contained shall be construed as obligating the Company to discontinue. water service -at any establishment because of, the non-payment by such establishment of sewer service charges. 5. Monthly bills rendered by Company for sewer service charges shall be due and payable at Company's offices at the same time that Company's monthly water bills are due and payable . Company shall on or before the 15th day of each calendar month, after the date -4- NINE of this Agreement, deposit with the Treasurer of City all payments of sewer service charges collected by Company during the preceding calendar month. The Company shall also deliver to the City Clerk during the months of January, April, July and October of each year, a list of all establishments which have failed to pay sewer service charges and the amount of each such establishment's delinquency according tb the books and records of Company. Company agrees that it will properly account for and transmit to City all funds collected by Company for City. Company further agrees that it will on the effective date of this Agreement file with the City a fidelity bond in the penal sum of $50,000.00, countersigned by a surety company satisfactory to the City, which shall indemnify City against any loss sustained by reason of the failure of Company to turn over to City all sums of money collected by Company and due to City under the terms of this Agreement. All premiums for such fidelity bond shall be paid by City. 6. Company's liability under the terms and provisions of this Agreement shall be limited solely and exclusively to any loss sus- tained by reason of Company's failure to account for and transmit to City all payments made to Company on account of sewer service charges. In consideration of Company' s agreement to perform the duties and responsibilities imposed upon it by this Agreement, City does hereby release and forever discharge Company of and from any and all claims, demands, damages, actions, causes of action, or -5- suits at law or in equity, of whatsoever kind or nature, which City now has or may hereafter have against Company on account of any action whatsoever either taken or failed to be taken by Company in the performance of Company's duties and obligations under this Agreement, except for Company's obligation to account for and transmit to City all payments of sewer service charges received by Company. As further consideration for Company agreeing to bill and receive payments for sewer service charges as provided in this Agreement, City hereby covenants and agrees that it will indemnify and save harmless Company from and against any and all actions or causes of action, claims, demands, liabilities, loss, damage or expense of whatsoever kind and nature including attorney's's fees which Company shall or may at any time sustain or incur by reason of or in consequence of any alleged act of the Company or any alleged failure to act by the Company in the performance of Company' s duties and obligations under the terms of this Agreement, except for Company's obligation to account for and transmit to City all payments of sewer service charges received by Company. It is agreed by and between the parties hereto that Company shall have no obligation to enforce collection of delinquent sewer service charges, and that it shall be the sole and exclusive obligation of City, through its duly authorized officers and agents, to enforce collection of said delinquent sewer service charges, provided however, the -6- Company shall furnish all necessary information from its records that may be required by City to enforce collection of said delinquent sewer service charges . 7. In consideration of Company' s rendering bills for and receiving payments of sewer service charges, and transmitting to City such sewer service payments and lists of establishments which are delinquent in the payment of their sewer service charges, City shall pay the Company after the date of this Agreement, the sum of 15� per bill for each and every bill rendered by Company for the preceding month on which a sewer service charge is set forth. In the event that City requests Company to render any service other than one of those herei.nbefore set forth in this paragraph No. 7, such as, but not limited to, providing City with data to be used for the adjustment and/or collection of sewer service charges, sending out delinquency notices on City' s forms, or making re- classifications of accounts which are required to be made as a result of (a) special instructions received by Company from City or (b) amendments made by City to said Ordinance No. 7454, as amended, or (c) changes in rules and regulations promulgated under said Ordinances . Company shall render such additional service to City and shall make a separate charge therefor. Such additional charge shall be reasonably related to the cost of providing the service. . On or before the 15th day of each calendar month, after -7- the date of this Agreement, the Company shall compute the total sum due it for services rendered by it during the preceding calendar month. The amount so computed shall be deducted from the collections of sewer service charges made by the Company during the preceding month. At the same time that each monthly deposit of sewer service charge collections is made, Company shall furnish the City Treasurer with an accounting for the sum deducted by the Company as payment for its services rendered under this Agreement during the preceding calendar month. 8. It is understood and agreed by the parties hereto that the charge of 150 per bill hereinbefore referred to is reasonably related to the cost of performing the services for which the charge is made. In the event that said charge of 150 per bill shall be- come inadequate or excessive, then the parties hereto shall mutually agree upon an adjustment of such charge as shall be appropriate to cause such charge to be reasonably related to the cost of pro- viding the services for which such charge is made. 9. The term of this Agreement .shall be for five (5)• years, commencing on the 15th day of April, 1970, and terminating on the ®14th day of April , 1976. City or the Company shall have the right to terminate this Agreement, effective on the lst day of any calendar, month, provided that City or the Company shall have given written notice of the Company or of City' s intention to cancel said -8- Agreement at least six (6) months prior to the effective date of such cancellation. 10. 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 of the /6,r-L day of April, 1970. CITY OF JEFFERSON ATTEST: By Mayor ity Clerk This Agreement when approved by the Council of the City of Jefferson, is approved as to form and legality. City Attorney CAPITAL CITY WATER COMPANY ATTEST. By Vice- resident Assistant Sebtetary