HomeMy Public PortalAboutORD15981BILL NO. 2019-077
SPONSORED BY Councilman Hussey
ORDINANCE NO. /51 91
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A
MEMORANDUM OF UNDERSTANDING WITH THE CITY OF COLUMBIA, MISSOURI
RELATING TO EMERGENCY ASSISTANCE IN REVIEWING BUILDING AND SITE
DEVELOPMENT PLANS.
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 memorandum of understanding with the City of Columbia, Missouri relating to
emergency assistance in reviewing building and site development plans.
Section 2. The memorandum of understanding shall be in form and content as
that agreement attached hereto as Exhibit A. The City Administrator and appropriate
City Staff are hereby authorized to execute such documents and take such actions
necessary to effectuate the intent of this Ordinance.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: 6,6 . , 2011
Presiding Officer
ATTEST
4//friA,I ,`%A���C —
Cit Clerk
Approved: &C-- 3i c?"(p j l
Mayor Carrie Tergin
APPROVED AS TO FORM:
City CouIor
EXHIBITA
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("Agreement") is entered into on the date
of the last signatory noted below ("Effective Date") by and between the City of
Columbia, Missouri, a municipal corporation ("Columbia"), and City of Jefferson,
Missouri, a municipal corporation ("Jefferson City"). Columbia and Jefferson City are
each individually referred to herein as a "City" and collectively as the "Cities."
RECITALS
WHEREAS, Columbia and Jefferson City are neighboring cities located in central
Missouri; and
WHEREAS, Columbia and Jefferson City have each adopted the International
Code Council family of codes and National Electric Codes ("Codes"); and
WHEREAS, Columbia and Jefferson City have each enacted their own
amendments to the Codes; and
WHEREAS, Columbia and Jefferson City each review their building and site
development plans for compliance to Codes as amended; and
WHEREAS, Columbia and Jefferson City understand that in cases of emergency
either City might need assistance from the other City; and
WHEREAS, Jefferson City currently needs Columbia's assistance in reviewing
submitted Jefferson City building and site development plans for compliance with
Codes; and
WHEREAS, the Cities wish to establish a joint aid agreement that will govern the
review of current and future building and site development plan submissions.
UNDERSTANDING OF THE PARTIES
NOW, THEREFORE, in consideration of the mutual covenants set out in this
Agreement and for other good and valuable consideration (the receipt and sufficiency of
which is hereby acknowledged), the Cities agree as follows:
1. Purpose. The purpose of this Agreement is to set forth the process for
seeking assistance from the other City with building and site development plan review,
to specify how reviews shall occur, and determine how costs will be collected and
allocated. The Cities understand that this Agreement may be subject to future revisions
with the written consent of both Cities.
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2. Notice of need. The Columbia Building and Site Development Manager, or
the Jefferson City Director of Planning and Protective Services (either, a "Building
Official") may at any time notify the Building Official at the other City in writing that
their City needs building and site development plan review assistance. The Building
Official who is being notified of the need for assistance reserves exclusive right to deny
assistance for any reason, but shall endeavor to inform the requesting Building Official
such denial within two business days of the request.
3. Plans reviewed to codes but not to requesting City's local amendments. If
a City agrees to assist, they shall review any building and site development plans in
accordance with the Codes in effect in the request -generating City at the time of such
review, however, the reviewing City will not be responsible for reviewing to the
requesting City's local amendments to the Codes. When Columbia reviews Jefferson City
plans it shall review for compliance with the Codes but not to specific amendments to
the Codes adopted by Jefferson City. When Jefferson City reviews Columbia plans it
shall review for compliance with the Codes but not to specific amendments to the Codes
adopted by Columbia.
4. Fees. When reviewing the building and site development plans of the
requesting City, the reviewing City will be permitted to charge fees equal to amounts
they would charge to review plans in their own City. Fees for Columbia's review of
Jefferson City building and site development plans shall follow the Columbia permit fees
set forth in Chapter 6 109.2 of the Columbia City Code. Fees for Jefferson City's review
of Columbia building and site development plans shall follow the Jefferson City permit
fee schedule set forth in Appendix Y of the Jefferson City Code.
5. Payment of fees. The requesting City shall be responsible for collecting
permit fees on behalf of the reviewing City at the amounts set forth herein, and
remitting those fees to the reviewing City within 3o calendar days of collection.
6. Subject to appropriation. Any obligations of the Cities will be contingent
upon funds for that purpose being appropriated, budgeted, and otherwise made
available for such purposes. In the event funds are not appropriated, any resulting
agreements will be null and void without penalty to Columbia or Jefferson City.
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7. Control over employees. Cities shall be responsible for and supervise their
own staff, and may assign building and site development plan reviews based on their
own internal processes.
8. Term. The initial term of this Agreement shall be one (1) year commencing
on the Effective Date. Thereafter, the term of this Agreement shall automatically renew
for successive one (1) year terms unless one City provides written notice to the other City
at least thirty (3o) days in advance of the end of the then existing term that it does not
wish to renew the term of this Agreement, or if either City otherwise terminates this
Agreement as stated herein.
9. Termination for convenience. Either City may terminate this Agreement
for convenience at any time by providing written notice of termination for convenience.
This termination goes into effect upon receipt of written notice.
10. Hold harmless agreement. To the fullest extent not prohibited by law,
each City shall indemnify and hold harmless the reviewing City, its directors, officers,
agents, and employees from and against all claims, damages, losses, and expenses
(including but not limited to attorney's fees) arising by reason of any act or failure to act,
negligent or otherwise of the City, of anyone directly or indirectly employed by City or by
any subcontractor, or anyone for whose acts City or its subcontractor may be liable, in
connection with providing these services. This provision does not, however, require City
to indemnify, hold harmless, or defend City from its own negligence.
11. No waiver of immunities. In no event shall the language of this Agreement
constitute or be construed as a waiver or limitation for either City's rights or defenses
with regard to each City's applicable sovereign, governmental, or official immunities and
protections as provided by federal and state constitution or laws.
12. Amendment. No amendment, addition to, or modification of any provision
hereof shall be binding upon the Cities, and neither City shall be deemed to have waived
any provision or any remedy available to it, unless such amendment, addition,
modification or waiver is in writing and signed by a duly authorized officer or
representative of the applicable City or Cities.
13. Entire agreement. This Agreement represents the entire and integrated
agreement between the Cities relative to the agreed to services herein. All previous or
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contemporaneous contracts, representations, promises and conditions relating to the
agreed to services herein are superseded.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of
the day and year written below to this Agreement.
ATTEST:
By:
Mi k_kc___Q
SheeIa Amin, City Clerk
APPROVED AS TO F • RM:
By:
CITY OF COLUMBIA, MISSOURI
By:
�.6G.
Jon Glascock, Interim City Manager
Date: D 6e/ Z 2/ Z et 7
ompson, City Counselor
APPROVED AS TO FO
By:
oehlman, City Counselor
CITY OF JEFFERSON, MISSOURI
By:
Mayor Carrie Tergin
Date: i Z'.3 - (/
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