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HomeMy Public PortalAboutORD07516 BILL NO. � r�: I INTRODUCED BY COUNCILMEN: HAKE and HOGG ; ORDINANCE NO . :Z./G AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING AND DIRECTING THE MAYOR AND THE CLERK OF THE CITY FOR AND IN THE NAME OF THE CITY, TO EXECUTE AN AGREEMENT WITH ROBERT J. MAJOR AND EDITH E. MAJOR, HUSBAND AND WIFE, AND KEITH W. MAJOR AND GLADYS M. MAJOR HUSBAND AND WIFE RELATING TO THE CONSTRUCTION MAINTENANCE AND OPERATION OF A TEMPORARY WASTE STABILIZATION LAGOON IN THE GRAYS CREEK WATERSHED IN CONNECTION WITH A >. SANITARY TRUNK RELIEF SEWER TO BE CONSTRUCTED BY THE CITY OF `{ JEFFERSON, MISSOURI , TO COLLECT AND CONVEY SEWAGE IN THAT AREA. r; ` BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS : Section 1. The Mayor and the Clerk of the City of Jefferson, G` . Missouri, are hereby authorized to execute an agreement, for and in the name of the City, with Robert J. Major and Edith E. Major, his wife, and Keith W. Major and Gladys M. Major, his wife, a'F} relating to the construction, maintenance and operation of a temporary waste stabilization lagoon by the Majors in the Grays 'rrrjH.'. 'r= Creek Watershed outside of the city in connection with the construction by the City of Jefferson, Missouri, of a sanitary 4' r trunk relief sewer to collect and convey sewage in that area. Section 2. Said agreement shall read in words and figures t as follows: y. t� f, A G R E E M E N T THIS AGREEMENT, made and entered into this -'= day of n 1964, by and between ROBERT J. MAJO R and EDITH E. MAJOR, husband and wife, and KEITH W. MAJOR and GLADYS M. MAJOR, husband and wife, of Jefferson City, Cole County, .Missouri, hereinafter termed the "First Parties", and the CITY OF JEFFERSON, MISSOURI, a municipal corporation existing under the laws of Missouri, located in ColeCounty, Missouri, hereinafter termed the "Second Party" : WI, TN ESS E_TH WHEREAS, the First Parties are presently responsible for the maintenance and operation of a sanitary waste stabilization lagoon in the Grays Creek watershed immediately beyond the corporate limits of the Second Party, and WHEREAS, this lagoon has been found by the Missouri Water Pollution Board to constitute a nuisance because of its obnoxious and offensive odors, and WHEREAS, the First Parties have been ordered by the Missouri Water Pollution Board to abate this nuisance, and WHEREAS, as a part of its 1963 Bond Issue Program for sewerage improvements, Second Party plans to construct a sanitary trunk relief sewer to collect all sewage produced in the easterly ,:. portion of the Grays Creek watershed including that discharged into this lagoon, another lagoon and private septic tanks in .the area, and WHEREAS, at a future date such sewage will be conveyed by a pumping station and force main to be constructed by Second Party from the Grays Creek watershed into the main sewer system of the Second Party, and f.. WHEREAS, the sewage conveyed by the sanitary trunk relief sewer from the easterly portion of the Grays Creek watershed will require treatment prior to the construction of the pumping 1, station and force main, and WHEREAS, First Parties are willing to construct, maintain and operate a temporary waste stabilization lagoon on land owned by them in the Grays Creek watershed outside of the corporate limits of Jefferson City if the Second Party will cause the sanitary trunk relief sewer to be located in such manner as to intercept the flow of sewage to existing lagoons in the area in accordance with the plans and specifications of Horner & Shifrin, Consulting Engineers of the Second Party, and WHEREAS, Second Party is willing to cause a sanitary trunk relief sewer to be constructed in the Grays Creek watershed in such manner as to intercept the flow of sanitary sewage to existing lagoons in the area under the following terms and conditions, now, therefore: IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS : 1 . First Parties shall finance, design, construct, maintain and operate a temporary waste stabilization lagoon and inlet pipe to connect with the sanitary trunk relief sewer to be built by the Second Party. Second Party shall have no responsibility for the financing, design, construction, maintenance and operation of the lagoon and inlet pipe to be constructed by First Parties . 2 . The lagoon shall be completed and ready for use and effective operation on or before July 11 1964. 3 .The lagoon shall be constructed on the land of the First Parties in the Grays Creek watershed and shall be located downstream r; and to the north and west of the lower terminus of the sanitary y: trunk relief sewer to be built by Second Party. The lagoon shall be located in an area remote as possible from existing homes. ,j 4. The lagoon shall be constructed, maintained and operated ` in strict accordance with all applicable requirements of the Missouri Water Pollution Board. 5 . The lagoon shall be of sufficient size to accommodate in a manner that is safe and satisfactory to the Second Party and the Missouri Water Pollution Board all sewage contributed to it from property inside and outside of the corporate limits of the Second Party. t 6 . First Parties, under the supervision of the engineers of the Second Party, may make temporary connections to the sanitary trunk relief sewer (to be constructed by Second Party) at points other than at the lowest terminus of the sewer. No temporary connections or taps into the sanitary trunk relief sewer shall be made in such manner as to interfere with the construction of this sewer. Should it be found to be impractical to convey the sewage by gravity flow through a temporary pipeline into the lagoon, the First Parties shall design, finance, construct, maintain and operate a temporary pumping station to lift the sewage from the sanitary trunk relief sewer to an elevation that will allow the sewage to flow in the lagoon by gravity. Second Party shall have no responsibility to design, finance, construct, maintain or operate any temporary pumping station required in the proper use of the temporary lagoon. 7 . Second Party shall cause a sanitary trunk relief sewer to be constructed in the Grays Creek watershed in such manner as to become and constitute a part of the permanent sewerage system of the tributary area. 8. Second Party shall not be required to make any major alterations in the sanitary trunk relief sewer designed for the Grays Creek watershed to accommodate the sewage flow to the temporary lagoon to be constructed by First Parties on their land. 9. Second Party shall not authorize any connections to be made to sanitary trunk relief sewer to be constructed in the Grays Creek watershed until the temporary waste stabilization lagoon has been completed by First Parties and inspected and approved by the Missouri Water Pollution Board. 10. Second Party shall cause to be constructed in the Grays Creek watershed a permanent pumping station and force main to L convey all sewage from the Grays Creek watershed into the main sewer system of the Second Party. 11. First Parties agree that, within sixty (60) days, from the day that the Second Party places the permanent pumping sa� station and force main into operation, they will remove the lagoon, pipelines and pumping station, if any, used in connection therewith. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of the date first written above. o r a�" "r (11 , i, Edith . Mayor )177 H W. y GladysIM. Major "First Parties" V%r� CITY OF JEFFERSON, MISSOURI BY: 1�--- Ma o r +` "Se7ond Part ' pf: Attest: i y Clerk t6.. t 'i Section 3. This ordinance shall take effect and be in force from and after its passage and approval . Z ,3 Passed. Approved. sident of the Counci j Mayor i Attest. .rte. ity Clerk <i 3{r A. n'- •t j Y' G' tit ' f= te•