HomeMy Public PortalAboutORD09696 BILL NO.
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INTRODUCED BY COUNCILMAN C e �A J
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ORDINANCE NO. _L�
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING AND
DIRECTING THE MAYOR AND CLERK OF THE CITY TO EXECUTE A WRITTEN
AGREEMENT WITH PUBLIC WATER SUPPLY DISTRICT NO. 2.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
SECTION 1. The Mayor and Clerk of the City are hereby
authorized and directed, for and in behalf of the City, to exe-
cute a written agreement with Public Water Supply District No. 2.
SECTION 2. Said agreement is ,.attached hereto and
incorporated herein by this reference.
SECTION 3. This Ordinance shall take effect and be in
force from and after its passage and approval.
Passed 8 I Approved
res dent of th 10 Council M yor
ATTEST: .
LA
ity Clerk
AGREEMENT
® WHEREAS, Public Water Supply District No. 2 of Cole
County (hereinafter "District No. 2") and the City of Jefferson,
Missouri, (hereinafter "City") , are political subdivisions of
the State of Missouri charged by Constitution and Statute to
serve the citizens of their respective jurisdictions according
to the statutory division of responsibility; and,
WHEREAS, a certain injunction now stands against the City,
which injunction purports to prohibit access by the City to the
fire hydrants owned by District No. 2 ; and,
WHEREAS, various projects involving construction on public
rights of way owned or controlled by District No. 2 and City
are being planned and contemplated by both District No. 2 and
City; and,
WHEREAS, no agreement regarding relocation costs of existing
facilities now exists between District No. 2 and City; and,
WHEREAS, the City recognizes that there are not sufficient
fire hydrants present in certain areas of District No. 2's
jurisdiction; and,
WHEREAS, District No. 2 and City desire to release and
make void the present injunction referred to above, and to resolve
the issues of common concern expressed, and certain other common
isuses,
NOW, THEREFORE, in consideration of the terms, conditions,
obligations, and covenants hereinafter set forth, the parties
agree:
1. Injunction Released. District No. 2 shall take all
steps necessary to release, dismiss, and make void the injunction
and/or order now pending in Case No. in the Circuit
Court of Cole County; which said injunction purports to prohibit
and/or limit the City's access to and use of District No. 2's
fire hydrants.
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2. Use of Fire Hydrants_. City shall have full right and
use of all fire hydrants owned or controlled by District No. 2,
both presently existing and hereinafter constructed, for the term
of this agreement for the sole purpose of firefighting only.
City shall not be obligated to pay for water except that
if City's use of water causes District No. 2 to become obligated
to the Capital City Water Company under the terms of the Lease
Agreement between Capital City Water Company and District No. 2
dated August 23, 1977; in which case City shall pay to District
No. 2 amounts billed •by Capital City Water Company attributable,
to City's water usage.
3. Relocation Policy. City shall pay fifty per cent (50%)
and District No. 2 shall pay fifty per cent (50%) of the costs of
relocating existing improvements, equipment, and facilities subject
to the following:
a) City Project on City Right of Way. When the City
desires to proceed with the construction, reconstruction,
or development of a project on City right-of-way that
requires relocation of appurtenances, facilities, improve-
ments, or equipment of District No. 2, the City shall
provide plans for the improvement to District No. 2 which
shall then prepare plans and/or a cost estimate in regard
to the relocation and shall submit same to the City for
review and concurrence of the costs thereof; of which fifty
per cent (50%) shall be paid for on a timely basis upon
completion of the work. District No. 2 shall respond in a
reasonable period of time, but no later than thirty (30)
days after receipt of City documents . If District No. 2
estimates unreasonable costs the City may seek bids for
said relocation, half of which costs bhall be borne by
District No. 2 .
b) District Project on District Right of Way-, When
District No. 2 desires to proceed with the construction,
reconstruction, or development of a project on District
right-of-way that requires relocation of appurtenances,
facilities, improvements or equipment of City, District
No. 2 shall provide the City plans for the proposed improve-
ments. District No. 2 shall also provide notification of
all projects it decides to undertake within the City.
The notification is for the purpose of allowing City an
opportunity to coordinate short and long range planning.
c) City Project on District Right of Way. When City desires
to proceed with the construction, reconstruction, or develop-
ment of a project on District No. 2 right-of-way, City shall
provide plans for the improvement to District No. 2. Upon
receipt District No. 2 shall promptly study the relocation
agenda and within thirty (301 days issue its written con-
currence or disagreement. If in agreement District No. 2
shall submit plans and/or costs estimate in regard to the
relocation to the City for review and concurrence. If °
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Water District No. 2 shall disagree with the proposal,
the parties shall meet and confer and attempt to agree on
relocation design, construction, reconstruction and coats.
If no agreement is made within forty-five (45) days of the
issuance of the letter of disagreement, the matter will be
subject to arbitration (as set out herein) .
d) District Project on City Right of Way. When District
No. "esi s to proceed with the construction, reconstruction, .';�•..
or development of a project on City right-of-way, District
No. 2 shall provide plans for the improvement and relocation
to the City. Upon receipt City shall promptly study the sub-
mitted agenda and within thirty (30) days issue its written
concurrence or disagreement. If City shall disagree with
the estimate of relocation costs , the parties shall meet and
confer and attempt to agree on relocation design, construction,
reconstruction and cost. I£ no agreement is made within forty-
five (45) days of the issuance of the letter of disagreement,
the matter will be subject to arbitration (as set out herein) .
e) Relocation Work by City and/or District No. 2. Notwith-
standing any other provision herein, relocation work may be
done by either the City and/or District No. 2 . In any of
the circumstances above, and when either party shall actually
do the relocation work, an allocation of costs and settle-
ment shall be done on an actual costs basis. When a party
does actual relocation, the party contributor may first
require a written estimate with which the contributor
must concur. If there is no concurrence, the matter shall
be taken to arbitrator.
f) Clarification of Costs. Notwithstanding anything herein
to t e contrary, neither City nor District No. 2 shall be
responsible for anything other than relocation costs, and
then, only when relocation involves both City and District
No. 2 . For example, should City engage in a project that
requires movement of its facilities, but does not involQe
District No. 2, the procedures herein do not apply and vice
versa.
4 . Arbitration. Should either party fail to agree on any
issue or matter in this agreement which allows arbitration to
resolve said disagreement, the procedure shall be as follows :
® a) Notification. When any time period established for
attempts to resolve disagreements shall lapse, either party
may notify the other of its desire for arbitration. The
parties shall have fifteen (15) days from the lapse of said
time period to notify the other party in writing of its
desire for arbitration.
b) Arbitrators . Within ten (10) days of receipt of said
noti ,i.cation, the parties shall each choose one arbitrator.
The arbitrators so chosen shall not be officers or employees
of either party, and shall be persons with knowledge of and
experience in the matter to be arbitrated. Within five (5)
days of their appointment as arbitrators, they shall pick
a third arbitrator having the same qualifications as
required of the two (2) arbitrators appointed by the parties.
c) Positions Stated. Within ten (10) days of the appoint-
ment of the tKird arbitrator, the parties shall simultaneously
file appropriate documents explaining their positions. There
shall be no hearing. The arbitrators shall make their
decision on the basis of documents presented by the parties.
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d) Decision. The arbitrators shall submit their written
decision whin twenty (20) days of the receipt of the
position documents from the parties . The arbitrators shall
adopt either the City position or the District No. 2 position,
and shall not compromise, or attempt to compromise. Two'
votes shall be necessary to issue a decision.
e) Decision Final; Exception. The decision of the arbitra-.
tors shall e na and nonappealable to any court or admin-.,,.,:,t-.;.:
istrative body except the party seeking to proceed with the
construction, reconstruction, or development of the project '- `
subject of the arbitration shall have the right to abandon
the. project.
S. Construction of Fire Hydrants. District No. 2 and City
recognize and affirm that a reasonable and realistic criteria for
construction and placement of fire hydrants, is that said hydrants
should be placed every six hundred (600) feet in residentially
zoned areas, and every three hundred (300) feet in commercial,
or industrially zoned areas. District No. 2 affirms that it
understands, is bound by, and agrees to aid City in the enforce-
ment of its ordinances regarding the development of unimproved
areas inside the City. For improved areas not meeting the criteria
as set out herein and in the Code of Ordinances of City, the
following shall apply:
a) Public Policy, It is the policy of both District No. 2
and City that improved areas not sufficiently served by fire
hydrants shall be so served, consit;ent with financial
capability and efficiency. While this is an important goal,
other priorities such as extension of water service through-
out the entire district, sewer construction, and maintenance
of municipal services also remain as the equal or greater
importance.
b) District No. 2 's Responsibilities. District No. 2 shall
construct five fire hydrants per calendar year at places
® and locations determined by City along and adjacent to
District 's present water lines. This requirement shall
continue for the term of this agreement, or until the criteria
of one (1) hydrant per every six hundred (600) feet in
residential areas, and every three hundred (300) feet in
commercial and industrial areas, is satisfied.
c) Cit 's Responsibilities. District No. 2 shall not be
required to construct any additional fire hydrants unless
City shall contribute one hundred per cent (100%) of material
cost for any additional fire hydrants to be built in a calendar
year, up to ten (10) additional fire hydrants.
d) Discretion of District. Any fire hydrants to be con
structed in addition to the fifteen (15) possible per
calendar year, (under (b) and (c) above) shall only be done
if agreed to by District No. 2 and City, in which case the
contribution by the City shall be one hundred per cent (100%) .
of material costs, unless otherwise conditions are agreed
to in a separate agreement.
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e) Hydrant Color. District No. 2 shall paint the hydrants
red and ma n'aln all fire hydrants within its borders . If
the City desires different color codes on the hydrants they
shall be painted by the City.
f) Re lacement of Water Pi e. Recognizing that fire
hydrants are only as good as the water pipes that supply
them, District No. 2 agrees and affirms that in all
reconstructions of existing water pipes six (6) inch pipe.^.+`
shall be used as a minimum in residential areas. All
reconstruction in commercial and industrial areas shall
be done upon approval of the City, which approval shall
not be unreasonably withheld. If ther is a disagreement,
arbitration as set out herein shall be used as the impasse
resolution. All street cuts or curb cuts not for construction
of hydrants shall be at no cost to District No. 2. All con-
struction or reconstruction costs of water lines shall be
solely at District No. 2 's expense unless part of a general
relocation project then Paragraph 3 shall govern.
6. City Access to Records of District. District No. 2
agrees to provide City such access, as City deems necessary, to
District's financial and billing records as necessary for the
City to bill sewer charges . Additionally City agrees that it
will work closely with District No. 2�-on any modernization or
computerization of its billing procedures, and will enter into
an appropriate agreement with District No. 2 wherein District
No. 2 will handle sewer billing for City. Such a sewer billing
.agreement will be subject to modification of the City's existing
agreement with Capital City Water Company.
7 . Term. The term of this agreement shall be indefinite
from the date of execution except that it shall be subject to
cancellation by either party upon thirty (30) days written
notice prior to each anniversary date of the execution of the
agreement and on good cause shown.
8 . Enforcement. This Agreement may only be enforced
upon an action for specific performance in the Circuit Court of
Cole County. No money damages of any kind, arising out of the
terms of this Agreement, may be sought or recovered by either
party against the other.
IN WITNESS WHEREOF, this Agreement has been executed by
the parties on the dates so indicated. The last date appearing
below shall be the date of execution. This Agreement shall be
binding upon and shall inure to the benefit of the parties thereto
and their successors and assigns .
PUBLIC WATER SUPPLY DISTRICT NO. 2 CITY OF JEFFERSON
By B
President Mayor
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ATTESTt ATTESTS.
® Secretary City Clerk
' Datet Dates
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