HomeMy Public PortalAboutORD14512 BILL NO. 2008-165
SPONSORED BY COUNCILMANr� Penfold
ORDINANCE NO. G
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AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WATER DISTRICT
# 3 FOR BILLING SERVICE AND TERMINATION 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 Water District # 3 for Termination 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:LQdi1.�.-1� L�; f� � Approvea V//,� zoc)
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Pr siding Officer /� Mayor
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A k E T: APPROVED AS TO FORM:
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City Clerk City Counselor
AMENDMENT TO
AGREEMENT DATED APRIL 23, 2009
This Agreement,made as of the ) day of 011,between the City of]efferson,
a municipal corporation, located in Cole County, Stat0f Missouri, (hereinafter called"City"),and
Public Water Supply District Number 3 of Cole County, Missouri, (hereinafter called "Water
District"):
1. Paragraph 7 of the agreement dated April 23, 2009 is hereby deleted and a new Paragraph
7 is adopted in its place as follows (new language being identified in bold underline):
7. In consideration of Water District's rending bills for and receiving payment of sewer
service charges, as provided in this agreement, and transmitting to City such sewer
payments billed and furnishing to City lists of all establishments which are
del i nquent in the payment of sewer service charges, City shall pay Water District the
sum of$1_65 for each and every bill and past due notice caused be rendered by
Water District to customers of Water District for the preceding month on which a
sewer service charge is set forth and billed and 1/2 of the cost of postage for said bill.
Beginning in 2012 and every year thereafter on the anniversary date of the
agreement(April 23),said payment shall be increased by 3%. The Cityshall pay
the full cost of postage for sewer only bills sent by the Water District on behalf of the
City.
In the event City requests Water District to render any service other than one of those
hereinbefore set forth in this agreement, such as, but not limited to, providing City
with date to be used for the adjustment and/or collection of sewer service charges,
sending out delinquency notices on City's forms, or malting reclassifications of
accounts which are required to be made as a result of(a)special instructions received
by water District from city; or(b) amendments made by City to said Chapter 29; or
(c)changes in rules and regulations promulgated under said Chapter,Water District
shall render such additional service to City and shall make a separate charge therefor.
Such additional charges shall be reasonably related to the cost of providing the
service.
From time to time, as may be appropriate after the date of this Agreement, Water
District shall compute the total sum due it for services rendered by it over and above
the charges for each and every bill rendered by Water District. The amount so
computed shall be deducted by the Water District from the amount of sewer service
charges received billings by the Water District during the preceding month. At the
same time that each monthly deposit of sewer charges billed is made by Water
District, Water District shall furnish the Department of Finance with an accounting
for the sum deducted by Water District as payment of its services rendered under this
agreement. Annually, the July bill will reflect changes in the sewer rate, upon 60
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days notice by the City. Other charges will beat additional charges to the City by the
Water District.
2. In all other respects the contract shall remain in full force and effect.
WITNESS WHEREOF, the parties hereto have executed the foregoing instrument of
the day of C l Lt/, 2011.
CITY OF JEFFERSON PUBLIC WATER SUPPLY DISTRICT
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/-% , "N/O. 3 OF COO/LE COUNTY, MISSOURI
Ma or v ll r�
ATTEST: ATTEST:
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City Clerh
APP VEDS TO FORM:
City tounselor
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14512
AGREEMENT "
This Agreement, made as of they day of Nt2009, authorizing this agreement
between the City of Jefferson,a municipal corporation, located in Cole County, State of Missouri,
(hereinafter called"City"), and Public Water Supply District Number 3 of Cole County, Missouri,
(hereinafter called"Water District"):
WITNESSETH:
In consideration of the premises and the mutual covenants and .greements hereinafter
contained, it is agreed by and between the parties hereto as follows:
1. City does hereby employ Water District as City's agent to bill and receive payments
for all sewer service charges arising from sewer service within the Water District as
provided for in 29-130 for the Code of the City of Jefferson, Missouri, and Water
District does hereby accept said employment from City.
2. City does hereby designate and appoint its Director of Community Development as
City's representative to whom all inquiries from Water District with respect to the
performance of Water District's obligations under this Agreement shall be referred.
3. After the effective date of this Agreement the Water District shall cause monthly bills
to be rendered for sewer service charges to all "residential, commercial, and
(� industrial establishments"within Water District, as defined in Section 29-1 of the
Code ofthe City of Jefferson,Missouri. Current sewer service charges shall be billed
as a separate item on the water bill rendered by Water District to its customers. On
or before the 15`h day of each month City shall furnish Water District a complete list
of all new or discontinued accounts of residential, commercial, and industrial
establishments as defined in said Section 2601, together with the sewer service
charges to be billed to each such establishment and the period for which such charges
shall be billed. Water District shall bill such charges in accordance with such
direction received from City in accordance with the following schedule: Meter
Reading: 10" of the Month; Billing: 25`x' of the month; Due: 10°i of the month
following, from which time penalties will accrue on delinquencies; service
discontinuance: 25" of the month following; remit to City, 10ih of the month,
following. Water District shall have no obligation whatsoever to render bills to any
residential, commercial and industrial establishment as defined in said Section 29-1,
other than those who are customers of the Water District. In all instances in which
Water District shall be in doubt with respect to the applicability and/or determination
of sewer service charges,such matters shall be referred to City which shall determine
the same transmit such detemrinations in writing to Water District. Water District
shall thereafter cause to be rendered all applicable sewer service bills in accordance
with such determinations. In every instance in which City shall adjust the sewer
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service charge applicable to a given establishment, City shall notify Water District
thereof in writing and Water District shall thereafter cause bills to be rendered for
sewer service charges to such establishment in accordance with said determination.
4. Water District shall cause sewer service charges to be billed in accordance with the
terms and provisions of Chapter billed in accordance with the terms and provisions
of Chapter 29 of the Code of the City of Jefferson, Missouri and any rules and
regulations promulgated thereunder. All disputes over sewer responsibility of and
adjusted by the City.
City agrees that such adjustments, if any,to billings for over or under registration of
Water District's water meters as Water District shall determine should be made for
the purpose of billing for water service shall likewise be made for the purpose of
billing sewer charges.
Nothing in this agreement shall be constructed to limit in any way the Water
District's right to discontinue its service to any of its customers at any time in order
to enable the Water District to enforce its own regulations relative to water service
or to enforce payment or partial payment of water due and owing to Water District
or sewer service charges due and owing to City, and Water District shall incur no
liability whatsoever to City as the result of any loss in sewer service charges resulting
therefrom. Nothing in this Agreement contained shall be construed as obligating
Water District to discontinue water service at an establishment because of the non-
payment of such establishment of sewer service charges, except on written demand
by the City,provided,however,that Water District may discontinue water service at
any establishment because of the non-payment of any amount due by such
establishment for water.
5. Monthly bills rendered for sewer service charges shall be due and payable at Water
District's office at the time that Water District's monthly bills are due and payable.
Water District shall also deliver to the Director of Community Development during
the months of July and January of each year„or more often if Water District desires,
a list of all establishments which have failed to pay sewer service charges and the
amount of such establishment's delinquency according to the books and records of
the Water District, and Water District shall credit against any amounts due City, the
amount of sewer service charges have been billed and not received by the Water
District during the preceding accounting period,and which sewer charges have been
paid by Water District to City when billed. Water District agrees that it will properly
account and transmit to City all sewer service charges billed or collected by Water
District for City. Water District agrees to furnish City a fidelity bond in the penal
sum of Thirty Thousand Dollars ($30,000.00), countersigned by a surety company
satisfactory to City which shall indemnify City against any loss sustained by reason
of the failure of Water District to turn over to City all sums of money billed or
€ collected by water District and due City under the terms of this agreement. All
premiums for such fidelity bond shall be paid by City.
6. Water District's liability under the terms of this Agreement between Water District
and City relative to the collection of sewer service charges, shall be limited solely
and exclusively to any loss sustained by City by reason of Water District's failure to
account for sewer service charges. In consideration for Water District's agreement
to perform the duties and responsibilities imposed upon it by this Agreement City
does hereby release and forever discharge Water District of and from any and all
claims,demands,damages,actions,causes or nature,which City may hereafter have
against Water District on account of any action whatsoever either taken or failed to
be taken by Water District under the performance of Water District's duties and
obligations under the terms of this Agreement,except the Water District's obligation
to account for and transmit to City all payments of sewer service charges received or
billed by Water District. Sales tax shall not be charged. Should it be finally
determined by adjudication that sales tax on sewer service is due,the responsibility
for past due sums, interest and penalties will inure to the City.
As further consideration of Water District agreeing to bill and receive payment of
sewer service charges as provided in this Agreement, City hereby covenants and
agrees that it will indemnify and save harmless Water District from and against any
and all actions or causes of action, claims, demands, liabilities, loss, damage or
expense of whatsoever kind or nature,including attorney's fees which Water District
shall or may at any time sustain or incur by reason or in consequence of any alleged
act of Water District or alleged failure to act by Water District in performance of
Water District's duties and obligations under the tees of this Agreement,except for
Water District's obligation to account for and transmit to City all payments of sewer
service charges billed and received by Water District.
It is agreed between the parties hereto that Water District shall have no obligations
to enforce collection of delinquent sewer service charges, provided, however, that
Water District may discontinue water service to any establishment for its failure to
pay in full all charges for water and sewer services charges billed, and it shall be the
sole and exclusive obligation of the City through its duly authorized officers and
agents,to enforce collection of sewer service charges,provided Water District shall
furnish all necessary information from its records that may be required by City to
enforce collection of said delinquent sewer service charges. No discontinuance of
water service shall be done for failure to pay sewer charges except on written demand
by the City as provided in paragraph 8 of this agreement. All sewer service
delinquency charges shall inure to the water District.
In the event a customer of water District shall make a partial payment on a bill which
contains charges for both water and sewer service, Water District shall apply any
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such partial payment of the charges first, for water, and the balance, if any, to the
sewer service charges. Nothing in this Agreement shall prevent Water District from
discontinuing water service to any customer for failure to pay the balance of all water
user charges billed to customers.
7. In consideration of Water District's rending bills for and receiving payment of sewer
service charges, as provided in this agreement, and transmitting to City such sewer
payments billed and furnishing to City lists of all establishments which are
delinquent in the payment of sewer service charges,City shall pay Water District the
sum of $1.56 for each and every bill caused be rendered by Water District to
customers of Water District for the preceding month on which a sewer service charge
is set forth and billed and % of the cost of postage for said bill. The City shall pay
the full cost of postage for sewer only bills sent by the Water District on behalf of the
City.
In the event City requests Water District to render any service other than one of those
hereinbefore set forth in this agreement, such as, but not limited to,providing City
with date to be used for the adjustment and/or collection of sewer service charges,
sending out delinquency notices on City's forms, or making reclassifications of
accounts which are required to be made as a result of(a)special instructions received
by water District from city; or(b) amendments made by City to said Chapter 29; or
(c)changes in rules and regulations promulgated under said Chapter, Water District
shall render such additional service to City and shall make a separate charge therefor.
Such additional charges shall be reasonably related to the cost of providing the
service.
From time to time, as may be appropriate after the date of this Agreement, Water
District shall compute the total sum due it for services rendered by it over and above
the charges for each and every bill rendered by Water District. The amount so
computed shall be deducted by the Water District from the amount of sewer service
charges received billings by the Water District during the preceding month. At the
same time that each monthly deposit of sewer charges billed is made by Water
District, Water District shall furnish the Department of Finance with an accounting
for the sum deducted by Water District as payment of its services rendered under this
agreement. Amorally, the June bill will reflect changes in the sewer rate, upon 60
days notice by the City. Other charges will beat additional charges to the City by the
Water District.
8. Termination of Water services for delinquent sewer bills.
a. The City may request, in writing,that the Water District terminate the water
service of any customer that is delinquent in their sanitary sewer bill to the
City in excess of 60 days. The request shall include the name and address of
such individuals and if requested by the Water District, verification of the
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debt.
b. Upon request by the City,the Water District shall discontinue and disconnect
water service at residential units of those customers whose sanitary sewer
bills due the City are delinquent in excess of 60 days in order to facilitate
collection of delinquent wastewater charges.
C. The City agrees to provide appropriate personnel to accompany Water
District personnel when disconnections are made. Disconnections will be
made once per month at a mutually beneficial agreed upon date and time.
d. Nothing in this Agreement shall interfere with, inhibit, or delay the Water
District from discontinuing its water service to any water customer at any
time earlier than the expiration of 60 days in order that the Water District
may enforce its own rules and regulations relative to water service or
payment of water service accounts;
e. The City agrees to provide written ten (10) day notice to delinquent
customers that said customer's water service mayor will be disconnected for
lack of sanitary sewer payment. Such notice shall include the due date,
amount of the delinquent bill, and all penalties and interest thereon.
f. Priorto disconnection,the Citywill pay the Water District the customaryrate
of disconnection, currently $30.00 for disconnection and reconnections
between 8:00 a.m.and 6:00 p.m.,Monday—Friday,other than holidays;This
rate shall be recalculated annually and increased or decreased according to
any change occurring in the Water District's costs and expenses.
g. Any loss of revenue incurred by Water District as a result of discontinuing
water service because of the failure of any sewage user to pay the charges or
rental therefore shall be paid to the Water District by City. Such amounts
include, but are not limited to, loss of revenue by Water District caused by
disconnection of water service for a sewer bill delinquency when the water
bill is not delinquent.
h. The Water District will provide bills on a monthly basis reflecting amounts,
if any,owed by City. Such bills shall be due and payable upon receipt by the
City.
i. In the event the Water District incurs attorney fees or other costs not covered
by insurance as a result of any claim, litigation, or threatened litigation
against the Water District or independent contractor which exceeds the limits
of insurance coverage provided to Water District or independent contractor
by City as described above, City shall reimburse such amounts to the Water
District or independent contractor.
j. Upon receipt of written notice from the City that a customer has made full
payment of all delinquencies, costs and fees for discontinuance and
disconnection and for reinstitution or reconnection of service, the Water
District agrees to reconnect water service to said customer. The described
written notice may be provided to the Water District by facsimile
transmission.
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k. The City shall at all times keep in force a general comprehensive public
liability and property damage policy issued by a company authorized to do
business in Missouri with policy limit equal to or in excess of those set forth
in section 537.610,RSMo, shall include the Water District and shall furnish
the Water District a certificate of insurance evidencing such insurance is in
effect. If at any time City fails to do so and furnish such certificate of
insurance to water District, Water District may cease to make service
terminations until such requirement is satisfied.
9. The term of this Agreement shall commence on the ay o&;. 2009 and
shall continue from year to year,unless terminated by either party by six (6)months
prior notice in writing.
10. The Agreement is binding upon the parties hereto and may not be assigned by a party
without the express written consent of the other party.
IN WITNESS WHER yOF, the parties hereto have executed the foregoing instrument of
the r day of / L iij , 2009.
CITY OF JEFFERSON PUBLIC WATER SUPPLY DISTRICT
NO. 3 OF COLE COUNTY, MISSOURI
ATTEST: ATTEST:
City C•erk
AJPV D R M: pgYPI/ �- My Commission Expires
_.• :R: March 4,2012
.�'•.SEeA-L•,i��: CdeCounty
City Counselor
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