HomeMy Public PortalAboutORD09457 BILL N0.
INTRODUCED BY COUNCILMAN - � G "�'✓
ORDINANCE NO.-��
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AMENDING THE CODE
OF THE CITY OF JEFFERSON, 1978, BY AUTHORIZING THE MAYOR AND CITY
CLERK, ON BEHALF OF THE CITY, TO ENTER INTO A CONTRACT WITH THE
COLE COUNTY REGIONAL SEWER DISTRICT FOR THE PURPOSE OF CONSTRUCTIN
AND ACQUIRING A SEWER SYSTEM TO PROVIDE SEWER SERVICE FOR A PORTION
OF THE GRAYS CREEK DRAINAGE AREA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI , AS FOLLOWS:
Section 1. The Mayor and City Clerk are hereby
authorized to enter into a contract, on behalf of the City, with
Cole County Regional Sewer District for the purpose of constructin
and acquiring a sewer system to provide sewer service for a porticn
of the Grays Creek drainage area.
Section 2. A copy of said contract is attached hereto.
Section 3. This Ordinance shall be in full force and
effect from and after the date of its passage and approval.
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Passed / Approved
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Ores nt of the Cofincil Mayor
Attest
V C17erk ,
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April 17, 1980
WASTEWATER CONTRACT
THIS CONTRACT, made and entered into this day of 1984
(regardless when signed by the parties hereto), by and bet en t e City of
Jefferson, Missouri, hereinafter called the "City" and the Cole County
Regional Sewer District, hereinafter called the "District", Witnesseth:
WHEREAS, the District proposes to construct and acquire a sewer system. to
h :; rovide sewer service for a portion of the Grays Creek drainage area in
accordance with the 201 Facilities Plan dated April 18, 1977 and revised .
October, 1977 and April, 1978, and, prepared for the District by Russell &
Axon,. Inc., as shown in Exhibit A.
WHEREAS, the investigations of the 201 Facilities Plan indicate the
population of the area to be served by this sewer system in the year 2000 to
be 13,736 people which will generate an average sewage flow of 1,400,000
gallons per day, and
WHEREAS, the City has determined that the City wastewater system presently
has excess capacity and that the City can receive, convey and treat, in the
City wastewater system, certain quantities of wastewater from the Grays Creek
1k.rea of the District and can expand the wastewater system to receive, convey
and treat the anticipated year 2000 sewage flow from the District, and,
WHEREAS, THE District's 201 Facilities Plan, was prepared in accordance
with the requirements of the rules and regulations of the Missouri Department
*of Natural Resources and the United States Environmental Protection Agency, and
WHEREAS, the District's 201 Facilities Plan demonstrated that it is cost
effective for the District to discharge the wastewater from the Grays Creek
area to the City wastewater system, and
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WHEREAS, the appropriate State and Federal agencies have concurred with,
and approved, the District's 201 Facilities Plan, and
WHEREAS, it is in the best interest of the City to receive, convey and
treat certain wastewater from the Grays Creek area of the District in
accordance with the capability of the City's existing wastewater system, and
WHEREAS, the City is willing to undertake the construction of certain new
facilities to connect the sewer system to be constructed by the District in
We Grays Creek area to the City's existing wastewater system at an
appropriate location designated in the 201 Facilities Plan.
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements herein contained, it is agreed by and between the City and the
District as follows:
Section 1; Definitions
All terms which are defined herein shall have the same meanings for all
purposes of this Contract as amended and supplemented, except where the context
by clear implication otherwise requires.
District Sewer System shall mean all of the sewer lines including
interceptor and collection system, pumping stations and other facilities and
appurtenances in the Grays Creek area owned and operated by the District that
discharge wastewater to the City's wastewater system.
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Domestic Waste shall mean liquid waste (a) from the non-commercial
preparation, cooking and handling of food or (b) containing human excrement
*and similar matter from the sanitary conveniences of dwellings, commercial
buildings, industrial facilities and institutions.
Hereby, herein, hereinabove, hereinafter, hereinbefore, hereto, hereunder
and any similar term referred to in this Contract and not solely to the
particular portion thereof in which such word is used; "heretofore" shall mean
before the stated date of this Contract; and "hereinafter' shall mean after
the stated date of this Contract.
Industrial Wastewater shall mean the liquid waste resulting from the
processes employed in industrial, manufacturing, trade or business
establishments, as distinct from domestic waste.
Industrial Pretreatment System shall mean any treatment plant, device,
equipment or facility used or intended to be used for the specific treatment
of industrial waste to comply with Federal, State or Local pretreatment
regulations and standards in which other wastes may or may not be present.
Industrial User shall mean a source of Indirect Discharge which does not
constitute a "discharge of pollutants" under regulations issued pursuant to
Section 402 (NPDES) of the Federal Water Pollution Control Act.
Local Project Cost shall mean that part of the project cost that is not
paid for by either state or federal funding.
National Pollutant Discharge Elimination System (NPDES) shall mean the
program for issuing, conditioning and denying permits for the discharge of
•pollutants from point sources into the navigable waters, pursuant to Section
402 of the Federal Water Pollution Control Act.
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Operation and Maintenance Costs shall mean the cost of operation, replacement,
maintenance and administration of the City Wastewater System, including,
development and implementation of any regulatory programs which may be required
by grant conditions but not including project costs.
Project Cost shall mean all reasonable and necessary costs and expenses
incurred in designing, financing and constructing the project, including but
not limited to, costs and expense for obtaining necessary permits, licenses,
approvals and grants for design and construction, architects', contractors ' ,
and engineers' fees; the cost of labor, material, supplies and services
actually used in design and construction; fees for legal and consulting
services; acquisition; debt service; interest on bonds or other obligations to
finance the Project Costs which shall be credited at the time bonds are
retired; and principal interest on bonds or other obligations to pay the cost
0 of prior improvements of the project.
Pretreatment shall mean application of physical, chemical, and biological
processes to reduce the amount of pollutants in or alter the nature of the
pollutant properties in a wastewater prior to discharging such wastewater into
the Collection System.
Pretreatment Standards shall mean all applicable Federal rules and
regulations implementing Section 307 of the Act, as well as any nonconflicting
State or local standards. In cases of conflicting standards or regulations,
the more stringent thereof shall be applied.
Sewage shall mean the same as the word "wastewater" and is used
:interchangeably herein.
201 Plan shall mean the document entitled "Regional Sewer District, Grays
Creek Area, Cole County, Missouri" dated April 18, 1977, and revised October,
1977 and April, 1978 prepared by Russell & Axon, Inc. .
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User shall mean any person, firm, corporation, private utility, public
utility or other entity, whether municipal or otherwise, discharging sewage to the
City Wastewater System or the District's Sewer System.
Wastewater shall mean the same as the word "sewage" and is used inter-
changeably herein and has the following meaning: all liquid or water-carried
waste products from whatever source derived, together with such ground water
infiltration and surface water as may be present, whether treated or untreated,
which is discharged into or permitted to enter the City Wastewater System or the
District's Sewer System.
Wastewater System shall mean any device, facility, structure, equipment or
works owned or used by the City for the purpose of the transmission, storage, treat-
ment, recycling and reclamation of industrial and domestic wastes, or necessary to
recycle or reuse water at the most economical cost over the estimated life of the
system, including outfall sewers, pumping, power and other equipment, and their
ppurtenances, extensions, improvements, remodeling, additions and alterations
thereof; and any works, including site acquisition of the land that will be an
integral part of the treatment process or is used for ultimate disposal or
residues resulting from such treatment.
Section 2 Sewer Service
a. The City agrees to accept the wastewater from the Grays Creek area of the
District, and to convey and treat same, except as hereinafter excluded.
b. The wastewater from the District shall' be received by the City from the
District at a Meter and Sampling Station, hereinafter described, and conveyed in the
City's heretofore existing wastewater system and in new facilities hereinafter
-to be constructed, and treated in the City's heretofore existing secondary
treatment plant for discharge to the Missouri River, in accordance with the require-
ments of any valid NPDES permit in effect during the term of this Contract.
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c. The volume of wastewater that the City agrees to receive at the Meter
and Sampling Station from the District as measured by the meter in the Meter and
Sampling State shall be limited to the following:
1. An average of 600,000 gallons per day over a period of one year.
2. An average of 720,000 gallons per day for any 30 consecutive day
period.
3. A peak flow rate of 3,500,000 gallons per day (2,430 gallons per
minute) for any 15-minute time period.
None of the above limits may be exceeded without being in violation of the
terms of this Contract.
When 90% of any limiting factor listed in Section 2, Paragraph c is recorded,
the District agrees that it will consult with the City on plans to prevent the
limites from being exceeded or propose amendments to this Contract to accommodate
increased limits. If any one or more of the limits listed in Section 2, paragraph
are exceeded, the District agrees to prohibit additional connections to the
District Sewer System.
d. The characteristic of the wastewater discharged to the City shall be in
conformity with the Ordinances and Regulations pertaining to the use of the waste-
water system of the City and/or in accordance with all State and Federal Laws, Rules
and Regulations including the requirements for pretreatment, whichever is the most
restrictive. Wastewater not in conformity with such Rules and Regulations shall
not be permitted to flow through the sewer system of the District into the City's
wastewater system.
Section 3, Construction of Facilities
a. The District shall construct, without cost to the City, an Interceptor
Sewer to deliver wastewater to a point within 30 feet of a pump station to be
constructed by the City in the vicinity of Missouri State Highway 179 (Rock Hill
'L Road) where it crosses Grays Creek.
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b. The District shall also construct a Meter and Sampling Station at a
mutually agreed upon location on the interceptor constructed by the District,
Opproximately 2,000 feet west of the pump station on Missouri State Highway 179
as shown on Plat No. 7A dated October, 1977 of the District's 201 Facilities
Plan.
c. The Meter and Sampling Station and the interceptor sewer constructed
downstream of the Meter and Sampling Station shall be' designed and constructed in
accordance with the plans and specifications reviewed and approved by the City.
After approval by the City of the completed construction of this portion of the
interceptor, this metering and sampling station shall be operated, maintained and
repaired by the City.
d. The Meter and Sampling Station shall be operated, maintained and repaired
by the City, but the District shall have access to the Station for the purpose of
aspecting and reading the meter and shall be furnished copies of charts and
analysis upon request.
e. The District shall have full responsibility for the sewer system upstream
of the Meter and Sampling Station and shall properly operate, maintain and repair
it at no cost to the City.
f. The City proposes to construct new facilities consisting of a pump
station, force main, and gravity sewer to convey the wastewater from the interceptor,
constructed by the District to the existing North Wears Creek Interceptor. The
City shall have full responsibility for all of the facilities and shall properly
operate, maintain and repair them, except that the District shall be permitted to
tilize the capacity of these facilities for a peak flow rate of 3,500,000 gallons
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per day as defined in Section 2, paragraph c above.
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g. The City agrees to operate, maintain and repair the heretofore
existing interceptor sewers and the Walnut Street Pump Station and to permit
the District to utilize the capacity of these facilities for a peak flow rate
of 3,500,000 gallons per day as defined in Section 2, Paragraph c above.
h. The City agrees to operate, maintain and repair the heretofore
existing secondary sewage treatment plant and to permit the District to
utilize the capacity of this facility for the yearly average wastewater flow
and 30 consecutive-day average wastewater flow as defined in Section 2,
Paragraph c above.
i. The City agrees to proceed promptly with the construction and acquisition
of the facilities necessary to the performance of their obligations hereunder.
The City will make a diligent effort to have the facilities to be constructed
by the City completed as to furnish services to the District when the
istrict is ready to discharge sewage to the City facilities. The City shall
not be liable to the District for any damages occasioned by delay in the
commencement of such services to the District. After service is first tendered
to the District, the City shall, subject to other terms and conditions of the
Contract, continually hold itself ready, willing and. able to supply such
services to the -District, during the term of this Contract.
j . The City agrees to use its best efforts to obtain the necessary permits,
materials, labor and supplies, and to obtain State ,and Federal grants and to
borrow funds and issue revenue bonds therefor. It is expressly understood and
agreed, however, that any obligations on the part of the City to complete the
facilities and provide the services to the District shall be conditioned upon
the following:
1. Receiving the necessary permits from the Missouri Department of
Natural Resources and the United States Environmental Protection Agency.
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2. Obtaining State and Federal EPA Grant funds and/or sale and delivery
of bonds in an amount td assure construction and acquisition of the additions,
extensions and improvements.
3. The ability to obtain all necessary materials, labor and equipment
necessary for completion of the facilities.
Section 4 - Capital Recovery Charge
The District hereby agrees to pay to the City an annual charge for the
right to utilize the capacity of the City waterwater system constructed, or
to be constructed by the City, that will be used in part or in whole by the
District. The charge shall be as tabulated below. This charge shall be due and
payable in equal monthly installments on the first day of each month except for
the first two years the City will allow a lag time for payment not to exceed
forty-five (45) days. This should allow the District to implement billing and
Wo'k-liection procedures consistant with payment schedules to the City. In the
Fiscal Year that service commences, the proportional capital recovery charge shall
be payable in monthly installments over the months remaining to the end of the
Fiscal Year ending October 31.
Commencement of service for the heretofore constructed wastewater. system
shall be the date that the District begins discharging sewage to the City
wastewater system. Payment to the City for the heretofore constructed system
shall be as outlined above. Commencement of service for the facilities proposed
to be constructed hereinafter by the City in order to discharge the wastewater
into the North {Nears Creek Interceptor under the terms of this Contract shall be
the date the system is functional and the City authorizes the District to discharge
astewater into the facility. Charges to the District for the hereinafter constructed
facilities, shall be those computed in the following schedule of Capital Recovery
` Payments, and shall be assessed from the date of commencement of service whether
or not the District utilizes the City wastewater system. Monthly payments from
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the District for the hereinafter constructed facilities shall be payable to the
City forty-five (45) days hence; with the exception that if the District has not
ompleted their sewer system or has not commenced service to the users in the
District jurisdiction, payment shall be made no later than 120 days after
authorization by the City to the District to utilize the hereinafter constructed
facilities.
Schedule of Capital Recovery Payments
For Facilities Hereinbefore Constructed:
North Wears Creek Interceptor $ 2,100
Main Branch Wears Creek Interceptor 800
Walnut Street Pump Station & FM 4,050
Sewage Treatment Plant 11,450
® 18,400 per year
For Facilities Hereinafter To Be Constructed:
Cole Junction Pump Station, Force Main and Gravity sewer to North
Wears Creek Interceptor
An amount equal to 63% of the total City share of the design
and construction costs, times a capital recovery factor for
thirty (30) years at an interest rate equal to that paid by
the District but not less than a factor of .081. This
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proportion shall also apply to any costs attendant to the
construction during the project, such as, but not limited to,
interest on money ,to fulfill the contract.
Capital Recovery payments shall be made monthly by the District to the City
for the duration of this Contract, including amendments, up to a total of
thirty (30) years.
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Section 5-User Charges
The District hereby agrees to pay the City in consideration for the
Aeration, maintenance and repair of the City wastewater system which will be
utilitized to receive, convey and treat wastewater from the District sewer
system in accordance with the provisions of this Contract, a sum each month
consistant with the user charges paid by other users of the City wastewater
system. Costs such as billing and collection, maintenance and repair of
collection system sewers, or any other costs associated with services rendered
to other users but not rendered to the District will be deducted in computing
the cost for service to the District. The amount to be paid shall be the pro-
duct of the metered flow recorded at the Meter Station in 1,000 gallons times
the cost per 1,000 gallons established as described above. Should the meter
fail to operate properly, the City shall estimate the flow based upon past
cords, and it is agreed this shall be the basis for the billing until the meter
is again properly operating.
This basis for establishing the cost per 1,000 gallons shall be subject to
periodic revision and change. Revised rates shall be the projected operation
and maintenance budget, computed from actual expenses incurred during the pre-
vious years and shall be effective thirty (30) days from written notification
from the City to the District.
In addition to the charge based on volume, the District shall pay a surcharge
on wastewater which shall have greater than normal strength of B.O.D. (biochemical
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oxygen demand) and/or of S.S. (suspended solids) . Normal strength B.O.B. shall
mean .17 lbs. per day per person and suspended solids shall mean 0.2 lbs, per
14ay per person. The rates for quantities of B.O.D. and S.S. in excess of normal
sewage shall be the same as those established by the City for all users of the City
wastewater system.
The City further reserves the right to subsidize the customers within the
corporate boundaries of the City, using the District system, for any amount above
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the maximum rate paid by other City residential users. The form of the subsidy
may be annual, reimbursement to the customer, credAt or payment to the District,
• or some other agreed upon method, consistant with billing and collection practices
developed in the future.
Section 6 - Other Charges
Costs incurred by the City in locating and eliminating prohibited discharges
to the District's sewer system shall be reimbursed to the City by the user
responsible for such discharge. These costs shall be billed to the user jointly
by the City and the District. Such bills remaining unpaid sixty (60) days after
billing shall be paid by the District to the City.
The City will calculate the annual Industrial Cost Recovery charge due from
each industrial user subject to this charge for use of the City's wastewater
system in accordance with the requirements of the United States Environmental
Protection Agency regulations and advise the District, of these amount. The
4 istrict shall be responsible for billing and collecting this charge from each
industrial user subject to the charge and dispensing these funds to the City.
The City shall be responsible for the appropriate disbursement of these funds
due to the U.S. Government.
The City agrees to establish an industrial pretreatment system and to monitor
the industrial users of the District's sewer system in accordance with the
requirements and regulations of the United States Environmental Protection
Agency. The cost for this shall be apportioned to the industrial users of the
District's sewer system to reimburse the City for this cost. These charges shall
be billed to the industrial users jointly by the City and the District. Such
�lling remaining unpaid sixty (60) days after billing shall be paid by the
District to the City.
Section 7 - Reports and Records
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k, The District agrees to furnish to the City copies of all information required
by the United States Protection Agency to be filed by industries having either
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acceptable or unacceptable wastes to comply with the General Pretreatment
Regulations, Pretreatment Standards, NPDES permits or sludge disposal regulations.
The District agrees to furnish and make available to the City, any and all
District records, information, plans and other data necessary for the City's
estalishment, operation and maintenance of the wastewater system and for the
establishment of the sums to be paid by the District to the City pursuant to
the terms and conditions of this Contract.
Section 8 - Connection to Wastewater System
The District hereby agrees that it will connect to the City's wastewater
system as hereinabove described.
The date of connection will be determined according to future project
construction schedules. The District will be notified of the anticipated date
of beginning operation.
0 The District shall not connect the District sewer system to the wastewater
system to the City until it is authorized to do so in writing by the City.
Section 9 - Expansion. of City Facilities
If any of the limiting factors outlined in Section 2, Paragraph c is exceeded,
District and City representatives shall authorize a study of the District System
in the Grays Creek area, to determine the sources of present and anticipated
future flows. The study shall be completed by' an entity mutually agreeable to
both parties and funded by the District.
The study shall also address cost-effective alternatives for the efficient
elimination, control or pretreatment of all wastewater affecting the system.
These should include but shall not be limited to: system rehabilitation, inflow
antrol, in-line equalization, water conservation measures, pretreatment, alternative
treatment locations and expansion of City facilities.
Upon mutual consent of a necessity to expand City facilities to accomodate
additional flows from the Grays Creek area, it is agreed that the City shall
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proceed with the required design and construction to provide the needed capacity
in.a reasonable time period. It is understood that the terms for this expansion
ill provide that the District participate in the total construction cost of the
expanded treatment facility (both existing heretofore plus any hereinafter
additions, extensions, or improvements) in proportion to the capacity to be
apportioned to the District as compared with the total capacity of the expanded
treament plant.
Section 10 - Assumption Option
It is further agreed that the City shall have the right to assume from the
District, all or any part of the District's system hereinafter to be constructed
which may be located within the City's present or future corporate limits only
after review, negotiation and resolution of the liabilities and responsibilities
attendant thereto.
Section 11 - Term of Contract
The contract shall continue in full force and effect for thirty (30) years
unless terminated by mutual consent and agreement, or unless City elects to
fulfill its assumption option provision contained in Section 10, or unless
otherwise limited by applicable laws in which event the contract shall auto-
matically be extended for like period to the maximum term permitted. Early
termination or assumption option shall be by written instrument signed by the
parties hereto.
Section 12 - Modification
Except as herein provided, this Contract may be changed or modified only
upon mutual consent. Such change or modification may be requested by either party,
% which event a meeting of the representatives of both parties shall be held
within ninety (90) days after giving them a written notice, at which meeting
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the requested changes or modifications shall be considered and discussed.
Rate changes shall not be made except under the provisions of Section S.
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The original purchaser of any bonds issued to carry out the financing of
the facilities covered in this Agreement, shall also be notified by written
® notice and may, at his discretion, be' represented at any such meeting or
meetings.
Section 13 -Arbitration
In the event of a dispute on any point herein or any proposed change or
modification, with the exception of points of law, each party hereto shall
select a representative competent in the field involved. The representatives
so selected shall select a third competent person mutually agreeable. The .
Board so formed shall rule upon the merits of the disputed point and the
decision so reached by the majority of the -Board shall be binding on both
parties hereto.
Section 14 -Serverability
Should any part, terms or provision of this Contract be declared illegal
by the Courts or in conflict with any law, the validity of the remaining
portions or provisions shall not be affected thereby.
Section IS - Assignment
This Contract shall inure to and be binding on the successors and assigns
of the parties hereto provided that no assignment shall be made by either
party without the express consent and approval of the other party.
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IN WITNESS WHEREOF, the City and the District have caused this instrument
to be executed, seals affixed hereunto where needed, and attested or witnessed
where necessary, all as of the day and year first above written.
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CITY OF JEFFERaON, MISSOURI
(BY) _
Mayor
ATTEST:
l erk
(SEAL)
COLE COUNTY REGIONAL SEWER DISTRICT
(BY)
/ Chairman
ATTEST:
Secretary
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