HomeMy Public PortalAboutORD15294 BILL NO. 2014-39
SPONSORED BY COUNCILMAN Hussey
ORDINANCE NO. 11c21
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A DEFENSE COST SHARING
AGREEMENT WITH COLE COUNTY AND SUPPLEMENTALLY APPROPRIATE THE
FUNDS FOR THE AGREEMENT FROM THE RESERVE FUND.
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 a Defense Cost Sharing Agreement with Cole County, Missouri.
Section 2. The agreement shall be substantially the same in form and content as
the agreement attached hereto as Exhibit 1.
Section 3. There is hereby supplementally appropriated from the General Fund
Balance to 10-150-522020 (Professional Services) account, $14,220.16 as indicated on
Exhibit 2, attached hereto.
Section 4. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: C ' 4-4-- li .€1 Approved: is -...i7
0, I /
.4_, 1 1 -I
Presiding OfficeMayor �,
ATTEST: APPROVED AS TO FORM:
011440_41-1. to)ngli
CIty.Cle kIts y Counselor
:;.
f • - CERTIFICATION BY MAYOR
Pursuant to Article VII, Section 7.1(5.) Of the Chart- • he C. y of Jefferson, Missouri, I hereby certify
that the sums appropriated in the ordinance are - ailab; in�e various funds to meet the requirements of
this bill. 1
May/
2014-39
Exhibit 2
SUPPLEMENTAL APPROPRIATION
FISCAL YEAR 2014 BUDGET
General Fund:
Revenue
10-100-495995 Transfer from Surplus $ 14,220.16
Expenditure
10-150-5522020 Professional Services
$ 14,220.16
I^IaJ l^^J
DEFENSE COST-SHARING AGREEMENT
WHEREAS,Union Electric Company d/b/a Ameren Missouri and Missouri Natural Gas
have ad valorem assessment appeals pending in the Missouri State Tax Commission against
various Missouri county assessors,including the Cole County Assessor;and
WHEREAS,the Cole County Commission and Assessor have entered into a Joint
Defense Agreement with the other defendant counties;and
WHEREAS, Cole County's share of litigation expenses has been determined to be up to
$236,812.00;and
WHEREAS, the outcome of this litigation can have a significant effect on the property
tax revenues of Cole County taxing districts,in particular the taxing districts that are parties to
this agreement;and
WHEREAS,sharing the cost of defending this litigation is in the best interests of Cole
County and the cooperating taxing districts;and
WHEREAS,intergovernmental agreements pertaining to a common governmental
service are authorized by Missouri Constitution of 1945, Art. 6, §16, and §70.220,RSMo.
NOW THEREFORE,it is agreed:
1.Cole County will contribute up to $118,406.00 toward the cost of defending this
litigation.
2.Cooperating taxing districts that are parties to this agreement will contribute toward
any litigation expenses exceeding the County's payment,up to $118,406.00,
according to the percentage of property taxes that each district receives among the
districts that are parties to this agreement.
3.The City of Jefferson's percentage has been calculated at 12%,which translates into
$14,220.16,maximum,of the litigation expenses.
4. Cole County will notify the taxing districts when its $118,406.00 contribution has
been depleted. After that point, taxing districts will make payments to the County as
invoiced to cover subsequent litigation expense bills, in proportion to each district's
percentage stated in 3, above.
5. This agreement is to be binding on the successors and assigns of the parties hereto
and is not to be assignedby either partywithout first obtaining the written consent of
the others.
6. The Laws of the State of Missouri shall govern the validity,performance and
enforcement of this agreement.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the
day and year indicated below.
APPROVEDASTOFORM:
6fty—Counsclor
I certify that there is a balance otherwise
unencumbered to the credit of the
appropriation to which it is to be charged
and a cash balance otherwise unencumbered
in the treasury to the credit of the fund from
which payment is to be incurred. This
funding is subject to accounting officer
certification in 2014 after appropriation and
encumbrance _
County`Au'dito