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HomeMy Public PortalAboutORD15748BILL NO. 2017-91 SPONSORED BY COUNCILMAN Henry ORDINANCE NO. 1.51440 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH COLE COUNTY SETTING PROCEDURES FOR JOINT CITY AND COUNTY CAPITAL IMPROVEMENT SALES TAX FOR THE HIGH SCHOOL ROAD PROJECT. 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 Cole County regarding setting procedures for joint City and County Capital Improvement Sales Tax for the High School Road Project. 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: 11-0-117 0-117 Presidirzg.�fficer'- �'; ATTEST: ; City Clerk Approved: Mayor Carrie Tergin APPROVED AS TO FORM: Agreement Setting Forth Procedures for Joint City and County Capital Improvements Sales Tax Projects THIS CONTRACT, made and entered into this of 2017 by and between the City of Jefferson, Missouri hereinafter called "City" and the County of Cole, Missouri hereinafter called "County". 1. Projects: The following enumerates the steps and timeframes in which the City of Jefferson will undertake the listed project. The City and the County shall make funding available for the various stages of the project at the times indicated below: a. High School Road — Mission Drive to Creek Trail i. Engineering Services — City (2017-2018) ii. Right of Way — City (2018) iii. Construction Inspection — City (2019) 2. Proiect Administration: a. The City and County Public Works Directors, hereinafter called the Project Administrators, shall administer the projects for their respective agencies. b. The City shall enter into a development agreement with the Jefferson City Public School District ("District) in which the District shall be responsible for design and construction of the project c. The City shall cause the District to administer the construction of the project and shall establish an account particular to the project from which all costs are paid and tracked. d. If any "in-house" staff services that are provided for a particular project, such as engineering, construction inspection, etc., those services shall not be charged to the project. e. The City shall use its best efforts to require the District to erect information signage on each project indicating the work is a "Joint City and County Capital Improvement Sales Tax Project". 3. Financial Contributions: Each entity's financial contribution shall be 50% of the cost for the project not to exceed $1,500,000. Bid costs, changes orders, etc., will Page 1 of 3 be split between the City and County at 50%/50%. The not -to -exceed cost to each entity shall be $750,000. The City shall cause the development agreement with the District to provide that any project costs exceeding $1,500,000 shall be borne by the District. The County shall be required to remit its financial contribution to the City no earlier than January 1, 2019. 4. Notices: All notices required or permitted hereunder and required to be in writing may be given by first class mail. If to the City, notice shall be sent to the City Administrator at 320 East McCarty Street, Jefferson City, MO 65101. If to the County, notice shall be sent to the Cole County Commission at the Cole County Courthouse Annex, 311 East High Street, Room 200, Jefferson City, MO 65101. The date of the delivery of any notice shall be the date falling on the second full day after the day of its mailing. 5. Agreement Binding: This agreement is to be binding on the successors and assigns of the parties hereto and is not to be assigned by either party without first obtaining the written consent of the other. 6. Applicable Law: The Laws of the State of Missouri shall govern the validity, performance and enforcement of this agreement. Page 2of3 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year indicated below. Executed this day of 2017 On behalf of the Commission of Cole County Missouri Sam Bushman, Presiding Commissioner A -e J---- unty Clerk Executed this )J11- day of A rmem 2017 On Behalf of the City of Jefferson, Missouri Carrie Tergin, Mayor_ -- ii City Jerk Approved as to form: Cole ounty ditor 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 --2&YT-after appropriation and encumbrance. ffiq City �uns or Page 3 of 3