Loading...
HomeMy Public PortalAboutORD15349 BILL NO. 2014-92 SPONSORED BY COUNCILMAN Scrivner ORDINANCE NO. I c3 4(7 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE CITY OF ST. MARTINS FOR THE PROVISION OF WASTEWATER SERVICE. 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 agreement with the City of St. Martins for the provision of wastewater service. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: SO 1 ,�� 2"/'i Approved: /82/5/p.076( II e, /,L Presiding 0 cer - Mayor rat, 111 ATTEST:'. APPROVED AS TO FORM: i:,, /�'%lT/i���14 // . L. ,,..eCI k "y " = City Counselor Intermunicipal Agreement THIS AGREEMENT is made and entered into by and between the City of St. Martins, a municipal corporation, hereinafter referred to as St. Martins, and the City of Jefferson, Missouri, a municipal corporation, hereafter referred to as the Jefferson City; this Agreement is to be deemed effective as of the 1 Sc day of January,2015. WITNESSETH: WHEREAS, St. Martins and Jefferson City entered into an Intermunicipal Agreement on May 1, 1989 (the May 1989 Agreement) which addressed the construction of wastewater facilities, the provision of sewer services and the rates to be charged for such services; and WHEREAS, disputes have arisen between the parties about the appropriate rate St. Martins residents should pay to the City of Jefferson for sewer service, and about the extent of St. Martins annexation, and the parties have resolved such disputes with this agreement. NOW, THEREFORE, for and in consideration of the covenants contained herein, St. Martins and Jefferson City agree as follows: 1. Definitions. For purposes of this agreement the following terms mean: a. "St. Martins Customer," -any person, partnership, association, corporation or governmental body whose facilities are connected to the St. Martins Wastewater System. I b. "St. Martins Wastewater System,"-the wastewater system that is located or lies within the corporate limits of St. Martins. C. "Jefferson City Wastewater System," the wastewater system owned, controlled or operated by Jefferson City not including the St. Martins Wastewater System. d. "Combined Wastewater System," —the wastewater system created by the existing interconnection between the St. Martins Wastewater System and the Jefferson City Wastewater System. e. "Wastewater System," shall mean any device, facility, structure, equipment or works owned or used by St. Martins or Jefferson City, whatever the case may be, for the purpose of the transmission, storage, treatment, recycling and reclamation of commercial, industrial and domestic wastewaters, including outfall sewers, pumping stations, power and other equipment, and their appurtenances, extensions, improvements, replacements, additions and alterations thereof; and any works, including the land or rights in property on or in which any such device. facility, structure or works have been installed. 2. Wastewater Service. Jefferson City agrees to provide wastewater service and treatment to any St. Martins Customer who has properly connected to the Combined Wastewater System or who properly connects in the future, and who timely pays for the service and complies with all ordinances, rules and regulations applicable to Jefferson City's provision of wastewater collection and treatment. 3. Accepted Discharges. Jefferson City agrees to accept wastewater into the Combined Wastewater System from all residential, commercial and industrial sources within the corporate limits of St. Martins provided the quality and quantity of the wastewater discharged shall be in conformity with the ordinances and regulations pertaining to the use of Jefferson City's Wastewater System and in accordance with all state and federal laws, rules and regulations including the requirements for pretreatment, whichever is the most restrictive. Wastewater not in conformity with such ordinances, rules and regulations shall not be permitted to flow into the Combined Wastewater System. 4. Rates. St. Martins Customers shall be charged twice the base rate established by City ordinance plus water usage. 5. Non-Assumption/Bonds. This agreement shall not be construed as Jefferson City assuming St. Martin's sewer bond debt. 6. Boundary Limit. a. St. Martins agrees not to annex any area east of Binder Park, north of Wade and Mist Roads, and South of Old Lohman Rd and Route D (as they exist on the date of this agreement). b. Jefferson City agrees not to annex any area contained West of Binder Park, South of Wade and Mist Roads, and North of Old Lohman Rd and Route D (as they exist on the date of this agreement). 7. 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 by St. Martins shall authorize Jefferson City to terminate this agreement upon 30 days written notice and thereafter increase the rates of all St. Martin's Customers to the level authorized by City Code for non-residents of Jefferson City. In addition, violation of the boundary limit by Jefferson City shall reduce the rates of all St. Martins Customers to the level authorized by City Code for residents of Jefferson City. The term "Violation" shall mean any affirmative step toward annexation beyond the Boundary Limit including adopting a plan of intent for annexation. 8. Prior Annexations. Jefferson City shall not contest any prior to the date of this agreement. St. Martins shall not contest any annexation completed by Jefferson City prior to the date of this agreement. 9. Miscellaneous provision. For purposes of clarifying the rights and duties of each party, the parties agree as follows: a. Title to the St. Martins Wastewater System is vested in St. Martins. The parties acknowledge that St. Martin's ownership of the St. Martins Wastewater System is required to secure the bonds which financed the construction of the same. b. Jefferson City agrees to operate and maintain the St. Martins Wastewater System to the degree required by federal, state or local requirements for the transportation and treatment of wastewater. c. St. Martins agrees to provide access to Jefferson City at any time for maintenance of the St. Martins Wastewater System without prior notice. d. Any extension or infrastructure addition to the St. Martins Wastewater System shall be at St. Martins cost and expense. All plans for extensions or infrastructure additions to the St. Martins Wastewater System are subject to approval by Jefferson City, which approval shall not be unreasonably denied, and inspection by Jefferson City prior to connection to or discharge into the Combined Wastewater System. e. Jefferson City may charge St. Martins or St. Martins Customers any connection fee authorized in City Code, which is charged to other users of the system. f. St. Martins shall assist with any condemnation action required to maintain the infrastructure. g. Pretreatment requirements found in the City Code shall apply to the infrastructure owned by St. Martin's and/or utilized by the residents of St. Martins. 10. Term of agreement. This Agreement shall terminate January 1, 2040. Thereafter the agreement shall continue on a month to month basis until either party gives the other party, 30 days written notice of their intent to terminate. 11. 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. 12. Amendment. This Agreement may not be amended, modified, or revised except by written consent of the other party. 13. Binding. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. 14. 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 Cole County, Missouri. 15. Notices. All notices required to be in writing may be given by first class mail addressed to: If to the City of Jefferson: If to St. Martins: City Administrator Mayor of St. Martins City of Jefferson St. Martins City Hall 320 East McCarty 6909 A Business 50 West Jefferson City, MO 65101 Jefferson City, MO 65019 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 of Jefferson, Missouri y f St. Martins, Missouri Mayor Mayor A ST: .y� City Clerk — _ City Clirk APPROVED AS TO FORM: City Counselor, Jefferson City City Attorney, St. Martins