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HomeMy Public PortalAboutORD09181 BILL NO. INTRODUCED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELATING TO WATER SERVICE IN SAID CITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. WHEREAS, on the 23rd day of August, 1977, a Lease Agreement was entered into between Public Water Supply District No. 2, of Cole County, Missouri, hereinafter referred to as "District" , and Capital City Water Company, of Jefferson City, Missouri, hereinafter referred to as "Water Company" , whereby District leased its system to Water Company. Section 2. NOW, THEREFORE, the Mayor and Clerk of the City of Jefferson are authorized to enter into an Agreement between District and the City of Jefferson, a copy of said Agreement attached hereto and by reference made a part hereof. Section 3. As water sold to District by Water Company is a sale to a political subdivision of the State of Missouri, therefore, sales of water to said District by Water Company shall be exempted from gross receipt utility tax pursuant to Section 16-68 , et seq. , Jefferson City Code, 1978 , and Amendments thereto. Section 4. This Ordinance shall be in full force and effect from and after its passage and approval. Passed Approved'" i nt a councilMayo At City Clerk } AGREEMENT This Agreement, entered into by and between Public Water Supply District No. 2, a political subdivision of the State of Missouri, hereinafter called Water District, and the City of Jefferson, a political subdivision of the State of Missouri, hereinafter called City. WHEREAS, it is the mutual desire of the parties to supply fire protection to those portions of the City served by the Water District, and WHEREAS, disputes have arisen between the parties in the past, • NOW, THEREFORE, for and in consideration of the covenants herein contained, the parties agree as follows. Water District hereby gives permission to the City to utilize its fire hydrants for fire protection and other uses. Water District agrees that it will take whatever action is necessary to remove the restraining order pertaining to the fire hydrants as set out in Case No. 26360 in the Circuit Court of Cole County, Missouri. At such time as the City shall desire fire hydrants at locations throughout the Water District service area lying within the corporate limits of the City of Jefferson, the City shall notify the Water District of its desire by resolution of the City Council and notification from the City Clerk. The Water District will within a reasonable time install said fire hydrants and will bill the City for its actual costs of the hydrant and hydrant valves, the cost of which will be billed to the City based upon existing inventory cost to the Water District. The City agrees to pay said amounts within thirty (30) days. All labor and other material charges for the installation of the hydrants shall be paid for and borne by the Water District. Water District agrees • to provide City with copies of its inventory invoice figures for existing hydrant inventory at the time this Agreement is executed. M All water used by the City from the Water District hydrants for street cleaning, flushing, fire protection and other purposes will be paid for by the City at the lowest rate charged by the Water District to any of its customers, said rate currently being seventy-five (754) cents per thousand gallons. The City shall furnish an estimate of the amount of water it has used on a monthly basis. This Agreement shall be in effect from and after its passage and approval by the City Council for the City, and the Board of Directors for the Water District. The Agreement may be cancelled by either party by giving one hundred eifhty (180) days' written notice of the parties ' intention to do so. WITNESS our hands and seals this day of , 1978. CITY OF JEFFE, N B /�r• �J Mayor r ATTEST: City Clerk PUBLIC WATER SUPPLY DISTRICT NO. 2 By President ATTEST: Secretary • I,I:ASt. This lease made and entered into this � � day of 1977, by and between Public Water Supply District No, 2 of Cole County, Missouri, hereinafter referred to as "District" and Capital City Water Company, hereinafter referred to as the "Company". WHEREAS, the District provides, water service to customers residing or doing business within the boundaries of the District and to other customers outside of the District from the water system owned, maintained and operated by the District, and WHEREAS, as a part of its system, the District owns and operates three (3) elevated water storage tanks and three (3) wells adjacent thereto, and WHEREAS, the Company provides water service to customers residing or doing business within the boundaries of the area served by .the Company, and ® WHEREAS, the Company desires to make arrangements to use the water storage tanks of the District as a part of the Company's system, NOW, THEREFORE, in consideration of the premises, conditions and covenants hereinafter set forth, the parties agree that the District shall lease that part of its system hereinafter described to the Company. 1_. The District does lease and the Company does hereby accept the joint use of three (3) elevated storage tanks of the District, the same being more particularly described as follows: a) One 200,000 gallon tank south of Jefferson City and west of U.S. Highway 54. b) One 1,000,000 gallon tank south of Jefferson City and east of U.S. Highway 54 and c) One 100,000 gallon tank east of Jefferson City, located along Schott Road 2. The term of this lease shall commence on the first day of the month following the completion of the connection of the Company's water system to the District's water system and shall extend for a period of twenty (20) years from such date and from year to year thereafter. The Company or the District shall have the right to terminate this lease at any time after the initial twenty (20) year period provided that written notice of termination is sent to the other party at least two (2) years prior to such termination date. 3. The Company agrees to maintain said tanks and the adjacent wells in as good a condition as they presently are, ordinary wear and tear -,xcePted. The Company shall mako a quarterly inspection of said wells and nhall. run the pumps ® and appurtenant equipment for said wells a sufficient Period of time to insure that said wells and pumps are in good working order. The present rate of pro- duction is: Well 01, located at the west tank, 450 gallons per minute; Well #2 located at the south tank, 450 gallons per minute; Well #3, located at the east tank, 180 gallons per minute. 1n the event that said wells and/or pumps will not produce essentially the sustained flow as set forth above, due to other than the inability of the aquifer, the Company will make such repairs at its own expense as are in accordance with good engineering practice to restore the capacity of said wells and/or pumps as nearly as is practicable to the aforementioned sus- tained flows. 4. The District shall have the right to make an inspection of said tanks at any time that it deems feasible. Said inspection shall be made by an independent professional engineer, approved by Company, retained and paid by the District. If the inspecting party determines that any maintenance or repairs are necessary to maintain said tanks, the Company shall be notified in writing by the District and Company shall effect said maintenance and/or repairs within a reasonable amount of time. 5. During the period of this lease, the District shall maintain extended coverage insurance for its use and benefit and the protection of both parties insuring said tanks and appurtenant equipment against loss. 6. Should any or all of the tanks be destroyed or partially destroyed by casualty, the rental payment under this lease shall abate for such period of time until said tanks and appurtenant equipment can be restored at the expense of the District. Provided, however, that this lease shall not be cancelled nor shall the Company be freed of its obligation to supply water to the District except under the terms of paragraph 2, hereof. 7. The Company 'shall pay as rent for said elevated water storage tanks and appurtenant wells and appurtenant equipment the sum of $2,000.00 per month commencing on the first month after the interconnection of the Company's facilities with the District's facilities. The Company will also pay to the District as rent the amount received by the Company from the District each month for water sold to the District as set forth hereinafter; -3- a) During the first year, after this a(Irotiment I)ecomes effective, the Company shall pay the District a monthly sum equal to the cost of water sold to the District during the previous month. 1.)) P o r l•,lt'II month of k.,;cc h skIccec i i ny y(•.ij:, .;I Lr_t thci f i rr;t yr!ar, of this agreement, the Company shall pay the District a monthly sum equal to the cost of water sold to the District clurintl they previous month determined as follows: (1) At the beginning of each year the parties will determine the number of customers served by the District during the first full month of each preceding year. The parties shell then determine the number of customers served by the District at the close of the last full month of each preceding year. The parties shall then determine the percentage of growth, if any, in customers served by the District during the preceding year. '1'I;e percentage of growth shall be the percent increase in the number of customers served at the end of the last month of the year over the number of customers served at the end of the first month of each ® year. The percentage of growth, as above determined, shall be applied to the high- est number of gallons of water sold by the Company to the District in any one month during the previous year. During each succeeding year the Company shall pay the District a monthly sum equal to the cost of water sold to the District during the previous month not to exceed the cost of water sold to the District during the highest month during the preceding year after adding to said monthly amount the percentage in growth as above determined. (2) Each succeeding year the parties will determine the percentage of growth in customers served by the District in each preceding year in the same manner as set forth above in subparagraph (1) . The maximum amount that the Co- mpany shall pay the District in any month in any succeeding year of this agreement shall not exceed the cost of water sold to the District during the highest month in the previous year after adding thereto the growth percentage as determined in subparagraph (1) above. B. The Company shall sell the District all the water necessary to serve the customers of the Dist r Gt. The water sold by the Company to the District shall be metered through a two-way metering system to be purchased and installed at the Company's expense. Such meters shall be read at least once: each month, or with such greater frequency as may be deemed necessary by the Company at its sole dis- cretion. The District shall pay the Company for all such water used at the rates prescribed for the Company's sale of water as than set forth in the Company's • tariffs on file with the Missouri Public Service commission, and as is applicable to manufacturers and large quantity usi-rs of water. The Company and the District will exchange payment.! on the same datr of c,,ich month. 9. The Company shall have full right to the use of the wells located adjacent to the elevated water sLorago tank!, and ,;hall pay all electrical hills resulting from the operation and use of said wells. 10. Should the District be required by any governmental agency to treat the water from wells owned by the District with chemicals and/or filtration or by any other means the District may elect to install said filtration and/or treatment equipment at its own expense. upon completion of said installation the Company shall have the right to use the treated water from said wells to supply areas of the Company's or the District's distribution system as the Company may deem ap- propriate. The operating expenses of treatment of said wells shall be borne by the Company. If the District does not elect to install said filtration and/or treatment equipment, the Company may install said filtration and/or treatment equipment at its sole expense after obtaining approval of the District of the cost of installing said filtration and/or treatment equipment. Upon completion of said installation the Company may elect to use the treated water from said wells to supply areas of the Company's or District's distribution system as the Company may deem appropriate. The operating expenses of treatment of said well water shall be borne by the Company. If the Company installs said filtration and/or treatment equipment, at the termination of this agreement the District agrees to purchase the filtration and/or treatment equipment installed by the Company and will pay to the Company therefor the total cost of the equipment, including installation costs, less depreciation on said equipment taken by the Company at depreciation rates approved by the Missouri Public Service Commission. 11. The Company shall make all connections necessary to interconnect the Company's water system with the District's water system, such connections to be made at the Company's expense anti the Company shall have the right in the future N ' to make any additional interconnections which may become necessary or desirable at the discretion of the Company, such future connections also to be at the expense of the Company. 12. Upon termination of this lease agreement, the said interconnections between the two water systems will be physically disconnected by the removal by the Company .of its meters and the capping or plugging of any meter by-pass piping 'r , -S- unless other provisions are agreed upon at. that time. 13. It is further undnrntoo(i and aq rvggd that. the Company will limit its service area, to the south and oast, Lo t.1w bo►►ndar.y as shown on the attached map and market Exhibit A to this ayrevinvia.. Tht• Uiz trict: further agrees that it will '4 not serve ian customers in areas designated to the service area of the Company. 14. The existing tel.emetering equipment which is located at the District's office may, at the option of the Company, be removed therefrom and reinstalled and maintained at the Company's water plant during the term of this lease. IN WITNESS WHEREOF, this lease has been executed in duplicate by Public Water Supply District No. 2 of Cole County, Missouri., and Capital City Water Company, the day and year first above written, and this agreement shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. • ............. PUBLIC WATER SUPPLY DISTRICT NO. 2 _a ' OF COLE COUNTY, MISSOURI By Secretary President �• b$T: CAPITAL CITY WATER COMPANY By Ag Ai tant Secretary Presideri STATE OF IMCOMMM ARKANSAS ) 8S COUNTY OF ZZEDOOM JE79=N) on this 26th day of August 19 77 before me personally appeared Georgq,B. Flegal, Jr. and James N. Eberhart, to me personally known, who, being by me duly sworn, did say that George B. Flegal, Jr. is President of Capital City Water Company and James N. Eberhart is Assistant Secretary of Capital City Water Company and that the seal affixed to this instrument is the corporate seal of said corporation, and that the said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors. And the said George 13. Flegal, Jr. !;aid instrument to be the free act and eletr_d of said corporation. IN TESTIMONY Wilt•;Itl,o , I hove hor'u►u►l.0 !,wt. my 11,1111 and affixed my official seal, at my office in ��_ u � �C g�g the day and year first above written. f` Notary Pub1`1,P.o iu o Murray M. H•ich*a My commission as Notary Public will uxpir.e can the _nth day of AAri1 19 60 STATE OF MISSOURI > ss. COUNTY OF COLE ) On this clay of Z lcl z z _, before me personally appearecl� �1C'�' t►. 'c� l _K! to me personally known, who, being by me duly sworn, did say that •--Jz'iC is President of Public Water Supply District No. 2 of Cole County, Missouri, and /[ 11-1V �I, �TC' is Secretary of Public Water Supply District Nu. 2 of tole County, Missouri., and that the seal affixed to this instrument is the corporate seal of said Publ i u- Water Supply District No. 2 of Cole County, Missouri, and that the said instrument was signed and sealed on behalf of said corporation by authority of ils Board of Uirec•tors. And the said r/�. President of Public Water Supply District No. 2 of Cole County, Missouri, acknowledges said instrument to be the free act and deed of said Public Water Supply District No. 2 of Cola County, Missouri. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my of,f3A3; / Y• seal, at my office in :..1r ,,i�,s/ C� the day and year.-'•ftf9*1415 written. r • ; 1�: 7G �, ,,� •" Notary Publ is •�► •t't H. J. Libberti My commission as Notary Public will. oxpirc on thus e.5 day of � , 19.8 ti i' y t i Y STATE OF MISSOURI C sss OUNTY OF COLE ±,� ►.��� � � �! Giled for recordg_2_day ofAMMt at-2—O'clock and Minutos worded in Book� 874—. RECORDER WDEXV EPUTY.