HomeMy Public PortalAboutORD09261 ILL N0. / ,�—�l
INTRODUCED BY COUNCILMAN 2
ORDINANCE NO.
N 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
F SEWER CHARGES AND REPEALING ORDINANCE No. 8824.
E 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. Ordinance No. 8824, and such other ordinances or
parts of ordinances as are in conflict with this ordinance, are
hereby repealed.
Section 3. Said contract shall read in words and figures as
follows:
(SEE ATTACHED)
Section 4. This ordinance shall take effect and be in force
from and after April 15, 1979.
Passed _------.) _ — Approved__----, ' 9
1
resident a Council Ma
Attest
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Ci y C rk
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AGREEMENT
This Agreement made as of the day of ,
1079, pursuant to the action of the City Council on ,
1979, authorizing this Agreement between the City of efferson , a mu-
nicipal corporation, located in Cole County, State of Missouri, (here-
inafter 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 provided for in
Ordinance No. 8506, as amended, of the City of Jefferson, Missouri, 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 in-
quiries from Company with respect to the performance of Company's ob-
ligations 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
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 instance in which such
® "establishment" is a customer of Capital City Water Company (hereinafter
designated as "Water Company") , said current sewer service charges shall
bu 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 es-
tablishment and the period for which such charges shall be billed. Com-
pany 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. 8506, as amended, other than (1) those who are
customers of Water Company, and (2) these 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 thereafter 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
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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 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
b111 ed 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 tinder 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 what-
soever to City as the result of any loss in sewer service charges result-
ing therefrom. Nothing in this Agreement contained shall be construed
as obligating Water Company to discontinue water service at an establish-
, ment because of the non-payment of such establishment of sewer service
charges, provided, however, that Water Company may discontinue water
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service at any establishment because of the non-payment of any amount
due by such establishment for water.
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 pre-
ceding 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 pays
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 pre-
ceding 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 $60,000.00, 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 Agree-
anent. All premiums for such fidelity bond 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
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by toason of Company's failure to account for and transmit to City all
payments made to Company on account of sewer service charges. In consider-
ation of Company's agreement to perform the duties and responsibilities
® imposed upon it by this Agreement, City does hereby release and forever
�7 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 here-
by 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, in-
cluding 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, 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 Water Company
may discontinue water service to any establishment for its failure to pay
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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 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 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 of 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 discontinuing water service 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 sewer service charges, City shall pay Company the sum of 220 for each
and every bill caused to be rendered by Company to customers of Water Com-
pany for the preceding month on which a sewer service charge is set forth
and billed, and the sum of 350 for each and every bill caused to be rend-
ered by Company for the preceding month on which a sewer service charge
is set forth and billed to residential, commercial and industrial es
who are not customers of Water Company. Such charges are based
in part on the present United Status mail postage rate of 100 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 220 for each bill rendered
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to customers of Water Company shall be automatically increased by 50•
of the amount of the postage increase and the charge of 35C per bill for
rendering bills for sewer service charges to persons not customers of
Welter 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 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. 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 224 and 354 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.
B. The term of this Agreement shall commence_ on the 15th day of
April, 1979, and terminate on the 14th day of April, 1984, provided,
however, after the termination date: the term of this Agreement shall
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continue on a year to year basis until changed or terminated as here-
inafter 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 r , 1979.
CITY ON
B l L�
14ayor'
ATTEST:
Cy Cle k
This Agreement when approved by the Council of the City o
Jefferson, is approved as to form and legalit .
:i/ty/,:KtCaney
GW SERVICE CORP.
By
A`" EST:
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