HomeMy Public PortalAboutORD15218BILL NO. 2013-119
SPONSORED BY COUNCILMAN __ S=c=r.:...:.iv.:....:.ne=r ___ _
ORDINANCE NO.____,/ ...... £........,J_'-=/......_,f..___ _____ _
AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI , AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN ANNEXATION BOUNDARY
AGREEMENT WITH THE CITY OF HOLTS SUMMIT, MISSOURI.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute an Annexation Boundary Agreement with the City of Holts Summit, Missouri .
Section ~-The agreement shall be substantially the same in form and content as
the agreement attached hereto as Exhibit 1.
Section ~-This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Pres iding Officer Mayor
ATTEST: APPROVED AS TO FORM :
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Intermunicipal Agreement
Regarding Annexation
THIS AGREEMENT is made and entered into by and between the City of Holts
Summit, a municipal corporation, hereinafter referred to as "Holts Summit ", and the City of
Jefferson, Missouri, a municipal corporation, hereafter referred to as "Jefferson City ", on this
day of December, 2013.
WITNESSETH:
WHEREAS, Holts Summit and Jefferson City entered into an Intermunicipal Agreement
for the provision of sewer services and the rates to be charged for such services; and
WHEREAS, said agreement required the parties to enter into a separate agreement
regarding annexation.
NOW, THEREFORE, for and in consideration of the covenants contained herein, Holts
Summit and Jefferson City agree as follows:
1. Boundary Limit. Holts Summit agrees not to annex south of and Jefferson City agrees
not to annex north of a line described on Exhibit A attached herewith.
2. Violation of Annexation agreement. Either party shall, without the necessity of posting
a bond, be entitled to obtain preliminary and permanent injunctive relief for any violation
of this agreement which equitable remedies shall be cumulative and in addition to any
other rights or remedies to which a party may be entitled. In addition, violation of the
boundary limit shall authorize either City to terminate any other agreement between the
parties for wastewater services as if it were a material violation of said other agreements.
3. Term of agreement. The term of this Agreement shall be thirty (30) years, commencing
on the date of this agreement. By agreement of the parties this agreement may be
renewed and extended for an additional ten (10) year period. The Agreement shall
continue on a month to month basis after the expiration of the final term until one party
gives ninety (90) days written notice to the other party of its intent not to continue the
Agreement. As used in this agreement the phrase "term of this agreement" shall mean
and refer to the initial term and any renewed or extended term of this agreement.
4. No rights conferred. This Agreement shall be construed to be applicable to only the
parties hereto and shall not confer any rights, privileges, or obligations on any third party.
5. Amendment. This Agreement may not be amended, modified, or revised except by
written consent of the other party.
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6. Binding. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective successors and permitted assigns.
7. Choice of Law. This Agreement has been entered into and shall be construed in
accordance with the laws of the State of Missouri and proper venue shall be Callaway
County, Missouri.
8. Notices. All notices required to be in writing may be given by first class mail addressed
to:
If to the City of Jefferson:
City Administrator
City of Jefferson
320 East McCarty
Jefferson City, MO 65101
If to Holts Summit:
City Administrator
City of Holts Summit
213 South Summit Drive
Holts Summit, MO 65043
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized agents to
execute this Agreement to be effective as of the day and year first above written.
City ofJe
rson, Missouri
Mayor
ATTEST:
APPROVED AS TO FORM:
Cit Counselor, Jefferson City
City of Holts Summit, Missouri
Mayor
City Attorney, Holts Summit
2
IN THE CITY OF HOLTS SUMMIT, MISSOURI
BILL NO. 2013 -081 ORDINANCE NO. 2370
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN
ANNEXATION AGREEMENT BETWEEN THE CITY OF HOLTS SUMMIT,
MISSOURI, AND THE CITY OF JEFFERSON, MISSOURI.
WHEREAS, it has become mutually desirable and beneficial to establish certain terms and
provisions of an inter - municipal agreement to establish annexation boundaries for thirty years;
NOW THEREFORE BE IT ORDANINED BY THE BOARD OF ALDERMEN OF THE CITY OF
HOLTS SUMMIT, MISSOURI, AS FOLLOWS:
Section 1. Authorization of Inter - municipal Agreement: The Board of Aldermen of the City
of Holts Summit, Missouri authorizes the Mayor, on behalf of the City of Holts Summit, to enter into an
inter - municipal agreement as detailed in Exhibit A, hereby accepted and approved by the Board of
Aldermen and made a part herein by reference as fully as if set out herein verbatim for the City of Holts
Summit, Missouri.
Section 2.
its final passage.
Effective Date. This ordinance shall be in full force and effect immediately upon
FIRST READING HELD ON THE 12TH DAY OF NOVEMBER 2013.
TABLED ON THIS 9TH DAY OF DECEMBER 2013.
SECOND READING AND FINAL PASSAGE HELD ON THE 13TH DAY OF JANUARY
13TH 2014
ATTEST:
Gwendolyn Fd
- i 7t 4 GQ71.o3 ---f
onson, City Clerk
,Mason Michael, Mayor Pro Tem