HomeMy Public PortalAboutExhibit MSD 68E - MOAM Amendment & Intergovernmental Cooperation Agreement between MSD & City of ArnoldADDENDUM TO SEWERAGE SYSTEM AGREEMENT
THIS ADDENDUM TO SEWERAGE SYSTEM AGREEMENT
("Addendum"), dated as of the lb tkrday of�� , 2015 (regardless of
when signed by the parties hereto), is executed by and between The Metropolitan
St. Louis Sewer District (herein referred to as "MSD" or the "District"), a body
corporate and politic duly organized and existing under the laws of the State of
Missouri (herein referred to as the "State"), Missouri-American Water Company,
a Missouri corporation (herein referred to as "Missouri-American"), and the City
of Arnold, Missouri, a Third Class City of the State (herein referred to as the
"City of Arnold" or simply, the "City").
WHEREAS, in 1982, City of Arnold and MSD entered into an agreement
for MSD to treat the City's sewerage;
WHEREAS, in 2008, the City of Arnold and MSD entered into the
Sewerage System Agreement (the "Agreement"), replacing the original 1982
agreement, and the Sewerage System Agreement remains in full force and effect;
WHEREAS, Missouri-American is purchasing the sewer system owned
and operated by the City of Arnold, and is willing to assume City's obligations to
MSD under the Agreement;
WHEREAS, Missouri-American and City have requested that MSD
consent to the transfer of the Agreement, and MSD is willing to consent to the
transfer of the Agreement and assumption by Missouri-American of City's
obligations under the Agreement, based upon certain agreements and conditions,
all as more fully specified below; and
Exhibit MSD 68E
Exhibit MSD 68E
Exhibit MSD 68E
Exhibit MSD 68E
Exhibit MSD 68E
Exhibit MSD 68E
Exhibit MSD 68E
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SEWERAGE SYSTEM AGREEMENT
TIIlS AGREEMENT, dated as of the 11th day ofDecem�. 2008 (regardless of when
signed by the parties hereto). by and between The Metropolimn St Louis Sewer District (herein
referred to as the ''District''), a body corporate and politic duly organized, and existing under the
laws of the State ofMissowi (herein referred to as the .. State"), and the City of Arnold, Missouri,
a Third Class City of the State of Missouri (herein referred to as the "Municipality''). Upon the
permanent afid continuous diversion of the Municipality's flow to the Project Facility this
Agreement shall supercede the existing Agreeme:at dated March 3, 1982.
WITNESSETII:
WlIERBAS, purswmt to and in accordance with the provisions of Article VI, Section 30,
of" the Constitution of the State of Missouri, The Metropolitan st. L-Ouis Sewer D'istti'ct was
created and the Charter (hetein referred to as the ''Plan" as am.ended on Nov� 7, 2000) of
the District was adopted on Februaty 9, 1954; and
WHEREAS, Section 3.020(7) of said Plan of the Distnct empowers tire District:-"to
comract with nnmicipalities, districts, other public agencies, individuals, or private corporatimis,
or any of them. whether within or with.out the District, for the constnlction, use. or maintenance
of common or joint sewers, drains, outlets, or disposal plants, or for the performance of any
service required by the District'•; and
WHEREAS, Section 3.020(8) of said Plan of the District empowers the District: "To
contract with, and there under to permit municipalities, districts, other public agencies, indi
viduals, or private corporations, or any of them whether withm or without the District_ to connect
with and use the facilities of the District. The rates for such service and connections shall be sUch
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November 7, 2008
Exhibit MSD 68E
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