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HomeMy Public PortalAboutORD09696 BILL NO. i INTRODUCED BY COUNCILMAN C e �A J 1 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. • 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 ° • -2- 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. -3- 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. -4- 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 -5- ATTESTt ATTESTS. ® Secretary City Clerk ' Datet Dates t ., •'1..�:. `.' ,�y a its, I' 6 -