HomeMy Public PortalAboutORD07299 ORDINANCE NO. 7,2 9 9
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK OF SAID CITY TO EXECUTE A
WRITTEN AGREEMENT WITH THE WEST HILLS CHURCH CONCERNING THE
INSTALLATION AND USE OF AN UNDERGROUND SANITARY SEWAGE STORAGE
FACILITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 1. The Mayor and the City Clerk of the City of
Jefferson, Missouri, are hereby authorized and directed, for
and in the name of said city, to execute a written agreement
with the West Hills Church, a corporation, relating to the
installation and use of an underground sanitary sewage storage
® facility.
Section 2. Said written agreement shall read in words and
figures as follows:
00
SANITARY SEWAGE FACILITY AGREEMENT
THIS AGREEMENT, made and entered into this 16th day of
October, 1962, by and between the City of Jefferson, Missouri,
a municipal corporation of the third class existing under the
laws of the State of Missouri, located in the County of Cole,
Missouri, Party of the First Part, and the West Hills Church,
a none-profit corporation, organized and existing under the
statutes of the State of Missouri, located in Cole County,
Missouri, Party of the Second Part:
W I T N E S S E T H
Ask WHEREAS, by warranty deeds recorded in Book 173 at Pages
403 and 404, Recorder' s Office, County of Cole, Missouri, an
8.24 acre tract of land and Lot No. 16 of Block 2 of Edgewood
Addition, per plat of record in Plat Book S at Page 87, were
conveyed to the Missouri Convention of American Baptists, and
WHEREAS, the Party of the Second Part was the actual
purchaser of said tracts of land and has the title in equity
and the right to the use of said land, and
WHEREAS , a small portion in the southeast corner of the
8.24 acre tract of land hereinabove mentioned lies within the
® corporate limits of the Party of the First Part, and
WHEREAS, the Party of the Second Part desires to install
and construct a large underground sanitary sewage container
to serve a church to be built on the 8,24 acre tract of land
in that portion thereof which lies within the corporate limits
of the Party of the First Part, and
WHEREAS, Ordinance Number 7203 of the Party of the
First Part, regulating and controlling the construction and
installation of septic tanks and sanitary sewer facilities
does not regulate or control the construction and installation
of a sanitary sewage container of the kind sought to be used
by the Party of the Second Part, and
WHEREAS, Ordinance Number 7203 was intended by the
M
Party of the First Part to.-govern, control and regulate the
installation and use of sanitary sewage facilities on real
® estate occupied and improved for residential or commercial purposes
rather than real estate occupied and improved for the purposes
of a social, religious, fraternal or other similar association,
involving a non residential use of real property, and
WHEREAS, the Party of the Second Part seeks permission from
the Party of the First Part to install a special underground
sewage storage facility on its premises within the corporate
limits of the city, and is willing, ready, able and agreeable
to installing said sewage facility under the terms and conditions,
hereinafter mentioned, imposed by the Party of the First Part, now
therefore, IT IS AGREED AS FOLLOWS BETWEEN THE PARTIES:
1. Party of the First Part hereby authorizes Party of the
Second Part to install and use ,in connection with the operation
of its Church Building on that portion of the 8,24 acre tract
owned by the Missouri Convention of American Baptists and now
occupied by the Party of the Second Part' s Church Building that
lies within the corporate limits of the Party of the First Part,
an underground sanitary sewage storage facility, under the
following terms and conditions :
® A. The sanitary sewage storage facility, hereinafer
called "tank", shall have a minimum capacity of 1000 gallons,
be water tight, shall be buried at least three feet below the
surface of the ground, be vented with a screen vent cap of a
diameter of two (2) inches or greater, the top of which shall
not be less than 24 inches above the ground surface, and the
contents of said tank shall be accessible, for clean-out purposes,
through a riser of a diameter of not less than four (4) inches,
equipped with a locking cover, and the top of the riser shall not
be less than six (6) inches above the ground surface.
B. Said underground sewage facility shall be maintained
at all times in a safe and decent and sanitary condition and in
good operating order.
C. Upon receipt of written notice from the Plumbing
Inspector of the Party of the First Part to do so, Party of the
Second Part, within a period of 48 hours, shall have the tank
cleaned out.
D. When the Party of the First Part makes available
to the Party of the Second Part sanitary sewer facilties to
adequately convey the sanitary sewage from the premises and
the church building to be constructed thereupon into the
public sewer system of the Party of the First Part, the Party
of the Second Part, within 30 days from notice of availability
of public sanitary sewage facilities, shall disconnect its
private sewer lateral to the underground storage tank and
connect its sewer lateral with the sanitary sewers of the Party
of the First Part, and thereafter the Party of the Second Part
shall take such action, with respect to the removal or abandon-
ment of the underground tank, as may be directed or ordered
by the Plumbing Inspector of the Party of the First Part.
2. Party of the Second Part agrees to, accepts and covenants
to observe all of the conditions mentioned OR above in return
for the privilege and special permission to install and use said
underground sanitary sewage storage tank for a temporary period
of time and until public sanitary sewer facilities are available.
IN WITNESS WHEREOF, the Party of the First Part, through its
Mayor and City Clerk, and the Party of the Second Part, through
its President and Clerk-Secretary, have caused this agreement to
be signed the day and year first above menti6ned.
CITY OF JEFFERSS�ON, MISSOURI
Z TESAS C. Forrest Whaley, r
old Baker, City Cler
WEST HILLS CHURCH, a corporation
ATT T: (By)
_ C. Stuart Exon, President
Clarence Keathley, Secretary-C
l �
Section 3. This ordinance shall take effect and be in force
from and after its passage and approval.
�. 51962
Passed: GOT Approved: OCT 161962
President of th Council Mayor
Attest:
City Clerk