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HomeMy Public PortalAboutORD09734 I BILL NO. i INTRODUCED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING ORDINANCE NO. 9696 , REGARDING A WRITTEN AGREEMENT WITH PUBLIC WATER SUPPLY DISTRICT NO. 2, AND SUBSTITUTING A NEW AGREEMENT IN LIEU THEREOF. 'I BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: SECTION 1. Ordinance No. 9696 of the City of Jefferson, Missouri, is, and the same is hereby, repealed. SECTION 2. 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 3. Said agreement is attached hereto and incorporated herein by this reference. I SECTION 4. This Ordinance and Agreement shall supersede Ordinance 9696 and the Agreement which was attached to said Ordinance. SECTION 5. This Ordinance shall be in full force and effect from and after its passage and approval. Passed Approved . I ' r-j() e of the C ncsl Mayor �IF—sidpt TEST: City JClekk FTSCAL NOTE: The City must put in a minimum of five (.5). fire hydrants a year at the water district's cost. The estimated cost per fire hydrant, which includes the related valves and pipe extensions, is $1,000 to $1,500. Thus, the cost annually would be $5,000 to $7,500. 5 AokI%LNIL(4I WHEREAS, Public Water Supply District No. 2 of Cole County's (hereinafter "District No. 2") and City of ,Jefferson, Missouri (herein- after "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 respons- ibility; 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 or the 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 the 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 issues. 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 io release, dismiss, and make void the injunction and/or order now pending in Case No. 26,360 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 unless 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 percent (50%) and District No. 2 shall pay fifty percent (50%) of the costs of relocating existing equipment and facilities of District No. 2 in conjunction with roadway improvements and/or roadway extensions regardless of said existing equipment and facilities being on public right-of-way, or private easement, belonging to District No. 2. City shall provide plans for improvements to District No. 2 on a timely basis. Upon receipt District No. 2 shall promptly study relocation and submit plans and/or cost estimates in regard to the relocation, and upon review the City shall so indicate concurrence by responding in writing. 4. 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 indus- trially zoned areas. District No. 2 affirms that it understands, is bound by, and agrees to aid City in the enforcement 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, consistent with financial capa- bility and efficiency. .While this is an important goal, other priorities such as extension of water service throughout 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 5 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 commerical and industrial areas, is satisfied. C. City' s Responsibilities. The City shall contribute one hundred percent 1009o' of materials cost for an additional five (5) fire hydrants to be installed by District No. 2 at the district's expense. This requirement shall continue in conjunc- tion with area 4b. d. Discretion of District. Any fire hydrants to be con- structed in addition to t e ten (10) possible per calendar year, (under b. and c. above) shall only be done if agreed to by -2- District No. 2 and City, in which case the contribution by the City shall be fifty percent (50%) of material cost, unless otherwise conditions are agreed to in a separate agreement. e. Hydrant Color. District No. 2 shall paint the hydrants red with yellow bonnets inside the City limits. District No. 2 will have three (3) years from the date of the contract to comply with the color. The City may add a reflective coating to the yellow bonnet of the hydrants remotely located or to improve visibility of the hydrant as needed. f. Hydrant Maintenance. District No. 2 shall maintain all fire hydrants attached or supplied by their system. The hydrants will be repaired on a timely basis and the Fire Department will be notified when a fire hydrant will be out of service for repairs. All fire hydrants will be inspected and flushed annually. g. Replacement of Water Pipe, Recognizing that fire hydrants ' are only as good as the water pipes that supply them, . District No. 2 agrees and affirms that in all reconstruction 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. h. Street and Curb Cuts. All street and curb cuts for construction of fire hydrants as outlined in . areas 4b. , c. , and d. will be at no cost to District No. 2. 5. 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. 6. 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. 7. 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. -3- Mt 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 President Ma r ATTEST: ATTEST: r ,' , , Secretary v City Clerk • ` r `►utrijoi,b)R1e: el"e) lh_) /L /I?P Date: y D E � � Q � �. DEC 11 1981 D PUBLIC WATER SUPPLY. DISTRICT. NO. 2 -4-