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HomeMy Public PortalAboutORD08505 t i i BILL NO. INTRODUCED BY COUNCILMAN �R ORDINANCE NO. 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. 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: �. ld, Z22-2 Approved:7 C ri 111�72- lam. e 41e t o t tjU e ounce ay r Attest : C t e AGREEMENT 4 THIS AGREEMENT made as of the day of d V , 197,., pursuant to the action of the City Council on 1972--. authorizing this Agreement between the City of Jefferson, a municipal corporation, located in Cole County, State of Missouri, (herein called "City") , and Capital City Water Company, a Missouri corporation, (herein called "Company") : WITNESSETH: WHEREAS, the parties hereto entered into an Agreement on April 15, 1970 wherein the Company has been billing and .receiving payment for sewer service charges levied by the City under Ordinance No. 8018, and amendments thereto, and WHEREAS, the Company will on the 1st day of December , 1972 , change its billing of its customers to computerized billing which will necessitate certain changes in the Agreement entered into between the parties hereto on April 15, 1970, and WHEREAS, Company is willing to continue to bill and receive • payment for certain sewer service charges but will not be able, because of computerized billing, to bill and collect for the City the penalty charges imposed under Section 3, paragraph (B) of Ordinance No. 8018, and is willing to pay to City all billings for sewer service charges during the term of this Agreement, 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 : 1. City does hereby employ Company as City' s sole agent to bill and receive payment for all sewer service charges as provided for in Ordinance No. 8018 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 of 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 effective date of this Agreement the Company shall Aft render monthly bills for sewer service charges to all "residential, commercial, and industrial establishments" as defined in said Ordinance No. 8018, as amended. In every instance in which such "establishment" is a customer of Company said current 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 City shall furnish -2- -- - --- -- i AM Company a complete list of all new or discontinued accounts of residential, commercial and industrial establishments as defined in said Ordinance No. 8018, 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 establish- ments as defined in said Ordinance No. 8018, 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 list 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 referred to City which shall determine the same and shall transmit such determinations in writing to Company. Company thereafter shall render all applicable sewer service bills in accordance with such Aft determinations. In every instance in which City shall adjust the sewer service charge applicable to a given establishment, 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. -3- 4. Sewer service charges shall be billed by Company in compliance with the terms and provisions of said Ordinance No. 8018, as amended, and the 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 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 Ah 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 any 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 regulations relative to water service or to enforce payment or partial payment of water or sewer service charges due and owing to Company or City,and Company 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 Company to discontinue water service at any establishment because of the non-payment by such establishment of sewer service charges, provided, however, that Company may -4- discontinue water service at an y establishment because of the non-payment of any amount due by such establishment for water. 5. Monthly bills rendered by Company for sewer service charges shall be due and payable at Company' s office at the same time that Company's monthly water bills are due and payable. Company shall on or before the 10th day of each calendar month after it commences computerized billing, deposit with the Treasurer of City the full amount of all sewer service charges billed by the Company during the preceding calendar month. Company shall also deliver to the City Clerk during the months of July and January of each year, or more often if Company 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 Company, and Company shall credit against any amounts due City the amount of sewer service charges which have been billed and not received by the Company during the preceding accounting period, and which sewer service charges have been paid by Company to City when billed. Company agrees that it will properly account for *and transmit to City all sewer service charges billed or collected by Company for City. Company further agrees to continue in effect with City a fidelity bond in the penal sum of $50,000.00, counter- signed by a surety company satisfactory to 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 billed or collected by Company -5- and due 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 of this Agreement-, and any prior agreement between Company 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 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 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 under the performance of Company's duties and obligations under the terms of this Agreement, and any prior agreement between Company and City in relation to collection of sewer service charges, except the Company's obligation to account for and transmit to City all payments of sewer service charges received or billed by Company. As further consideration of Company agreeing to bill and receive payment of sewer service charges as provided in this Agreement, and any prior agreement between Company and City in relation to collection of sewer service -6- It,. Am charges , 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 or nature, including attorney 's fees which Company shall or may at any time sustain or incur by reason or in consequence of any alleged act of Company or alleged failure to act by Company in performance of Company's duties and obligations under the terms of this Agreement, and any prior agreement between Company and City in relation to collection of sewer service charges, except for Company's obligation to account for and transmit to City all payments of sewer service charges billed and received by Company. It is agreed between the parties hereto that Company shall have no obligation to enforce collection of delinquent sewer service charges, provided, however, that Company may discontinue water service to any establishment for its failure to pay in full all charges for water and sewer service charges billed by Company, and it shall be the sole and exclusive obligation of City through its duly authorized officers and agents, to enforce collection of sewer service charges , provided Company 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 Company shall make a partial payment on a bill which contains charges for both water and sewer service charges , Company shall apply any such partial payment to -7- 0 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 Company from discontinuing water service M to any customer for failure to pay the balance of all charges billed to the customers. 7. In consideration of Company 's rendering bills for and receiving payments of sewer service charges, as provided in this Agreement, and transmitting to City such sewer service payments billed and furnishing to City lists of all establishments which are delinquent in the payment of their sewer service charges, City shall pay Company the sum of 15T for each and every bill rendered by Company for the preceding month on which a sewer service charge is set forth and billed. In the event City requests Company to render any service other than one of those hereinbefore set forth in this Agreement, 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 reclassifications 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. 8018, 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 -8- AOL charge shall be reasonably related to the cost of providing the service. On or before the 1st day of February of each year, after the date of this Agreement, Company shall compute the total sum due it for services rendered by it during the preceding calendar r year, over and above the sum of 15¢ per bill for each and every bill rendered by Company during each calendar month. The amount so computed shall be deducted from the amount of sewer service charges billed by the Company during the preceding month. At the same time that each monthly deposit of sewer service charges billed is made by Company, Company shall furnish the City Treasurer with an accounting for the sum deducted by Company as payment of its services rendered under this Agreement. 8. It is understood and agreed by the parties hereto that the charge of 15¢ 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. lS 9. The term of this Agreement shall commence on the 1 day of A((-'M1 a- , 1972, and terminate on the 14th day of April, 1976, provided, however, after the termination date the term -9- of this Agreement shall continue on a year to year basis until changed or terminated as hereinafter provided. City or Company shall have the right to terminate this Agreement , effective on the first day of any calendar month, provided that City or Company shall give written notice of Company's or City's intention to cancel said Agreement at least six (6) months prior to the effective date fo such cancellation. 10. This Agreement shall supersede the Agreement entered into between the parties on April 15 , 1970. 11. 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 /e , 1972 . 7�0F. J FERSON r Y AT EST: Mayor City k . This Agreement when approved by the Council of the City of Jefferson, is approved as to form and legality. r City Attorney CAPITA CITY WAT R COMPANY ATTEST By ice iresident ij Assistant Secretary -10-