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,
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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. '
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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
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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
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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
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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
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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
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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