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BILL N0.
INTROnUCED BY COUNCILMAN
ORDINANCE N0,
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 G W SERVICE CORP. , RELATING TO THE BILLING AND COLLECTION
OF SEWER SERVICE CHARGES.
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 G W Service
Corp. , a Delaware Corporation, 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 l
reside Council r
Attest
City Clerk
I ,
AGREEMENT
This Agreement made as of the s' day of
1976, pursuant to the action of the City Council on ,� - ,
1976, authorizing this Agreement between the City of Jefferson,
a municipal corporation, located in Cole County, State of Mis-
souri, (hereinafter called "City") , and GW Service Corp. , a
Delaware corporation, (hereinafter called "Company") :
WITNESSETH:
® 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 payments for all sewer service charges as pro-
vided for in Ordinance No. 8506, as amended, of the City of
Jefferson, Missouri, and Company does hereby accept said employ-
meet 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
mall cause monthly bills to be rendered for sewer service charges
to all "residential, commercial, and, industrial establishments" as
defined in said Ordinance No. 8506, as amended. In every in-
stance in which such "establishment" is a customer of Capital
City Water Company (hereinafter designated as "Water Company") ,
said current sewer service charges shall be billed as a separate
item on the water bill rendered by Water Company to its customers.
On or before the 25th day of each month City shall furnish Company
a complete list of all new or discontinued accounts of residential,
commercial and industrial establishments as defined in said
Ordinance No. 8506, as amended, who are not customers of Water
Company, together with the sewer service charges to be billed to
each such establishment and the period for which such charges
shall be billed. Company shall bill such charges in accordance
with such directions received from City. Company shall have no
Sobligation whatsoever to render bills to any residential, com-
mercial and industrial establishments as defined in said Ordinance
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No. 8506, as amended, other than (1) those who are customers of
® Water 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 shall there-
after 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 Company thereof in writing and
Company shall thereafter cause bills to be rendered for sewer
service charges to such establishment in accordance with said
determination.
4. Company shall cause sewer service charges to be billed
in accordance with the terms and provisions of said Ordinance No.
8506, as amended, and the rules and regulations promulgated there-
under. 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
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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 Company's water meters
as Water 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 Water Company's right to discontinue its service
to any of its customers at any time in order to enable the Water
Company to enforce its own regulations relative to water service
or to enforce payment or partial payment of water due and owing
to Water Company or sewer service charges due and owing to 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
Water Company to discontinue water service at any establishment
because of the non-payment by such establishment of sewer service
charges, provided, however, that Water Company may discontinue
water service at any establishment because of the non-payment of
any amount due by such establishment for water.
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5 . Monthly bills rendered for sewer service charges
® shall be due and payable at Water Company's office at the same
time that Water Company's monthly bills are due and payable.
Company shall on or before the 10th day of each calendar
month 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 agrees to furnish City a fidelity bond in the penal
sum of $50,000.00, countersigned 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 and due City under the
terms of this Agreement. All premiums for such fidelity bond
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shall be paid by City.
® 6. Company's liability under the terms of this 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 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, 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 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
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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, 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 delin-
quent sewer service charges , provided, however, that Water Company
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 obligation of City
through its duly authorized officers and agents, to enforce col-
lection 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 Water 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 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 Company for dis-
continuing water service to any customer for failure to pay the
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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 sewer service charges, City shall
pay Company the sum of 180 for each and every bill caused to be
rendered by Company to customers of Water Company for the preceding
month on which a sewer service charge is set forth and billed, and
the sum of 30¢ for each and every bill caused to be rendered by
Company for the preceding month on which a sewer service charge
is set forth and billed to residential, commercial and industrial
establishments who are not customers of Water Company. Such charges
are based in part on the present United States mail postage rate
of 90 per each bill mailed by Company and it is agreed that in the
event the United States postage rate is increased that the charge
of 180 for each bill rendered to customers of Water Company shall
be automatically increased by 50% of the amount of the postage
increase and the charge of 30¢ per bill for rendering bills for
sewer service charges to persons not customers of Water Company
shall be increased in the amount of the postage increase. In the
event City requests Company to render any service other than one
of those hereinbefore set forth in this Agreement, such as, but
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not limited to, providing City with data to be used for the adjust-
ment 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. 8506, 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. From time to time,
as may be appropriate after the date of this Agreement, Company
shall compute the total sum due it for services rendered by it over
and above the sum of 18J and 3U per bill for each and every bill
rendered by Company. 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. The term of this Agreement shall commence on the 15th
day of April, 1976, and terminate on the 14th day of April, 1979,
provided, however, after the termination date the term of this
Agreement shall continue on a year to year basis until changed
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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 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 , 1976.
C Y #FF N y
ATTEST:
City C erk
This Agreement when approved by the Council of the City of
Jefferson, is approved as to form and legali
1 ze-
C y Attorney
GW SERVICE JCOR
AT4re By ��•�1�-� .�
Senior Vice President
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