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
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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.