HomeMy Public PortalAboutORD14469 BILL NO. 2008-123
SPONSORED BY COUNCILMAN// 46�� IlII // �y
ORDINANCE NO. I �l -/
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CALLAWAY COUNTY
WATER DISTRICT #1 FOR 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 Callaway County Water District # 1 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.
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Passed: �. �(�9 Approved:,:: `Z XJ,
Presidi O icer r
ATTEST: APPROVED AS TO FORM:
ity Clerk City Counselor
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• WASTEWATER SERVICE TERMINA TION A GREEMENT
THIS AGREEMENT is made and entered into by and between the Callaway Water District,
hereinafter referred to as the "Water District," and the City of Jefferson, Missouri, a municipal
corporation of the State of Missouri, hereafter referred to as the "city". This agreement
Agreement is to be deemed effective as of the day ofh1A,4 _ , 2009.
WITNESSETH:
WHEREAS, the Water District is engaged in the business of providing water service to
the general public in the City and areas adjacent thereto; and
WHEREAS, the City operates a wastewater collection and treatment system in the City
and charges its residents for such service; and
WHEREAS, Section 393.015 RSMo permits City and the Water District to enter into an
agreement whereby Water District may terminate water service to a premises to facilitate
collection of charges for wastewater treatment service; and
WHEREAS. Missouri. Section 250.140, 250.236 and 393.016 authorize termination of
water services tag the direction of a City for non-payment of.a customer sewer bill, and
provide certain notice and procedural requirements as.set forth therein.
• NOW, THEREFORE, for and in consideration of the covenants contained herein, Water
District and City agree as follows:
1. 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 90
days in order to facilitate collection of delinquent wastewater charges. This Agreement
is intended to satisfy the requirements of Section 393.015 RSMo and 250.140 RSMo.
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 90 days in order that the Water District may enforce its own rules and
regulations relative to water service or payment of water service accounts; and nothing in
this Agreement shall interfere with, inhibit, or delay the City from discontinuing its
wastewater treatment service to any wastewater treatment customer at any time in order
that the City may enforce its own ordinances, rules and regulations relative to wastewater
treatment service or payment of wastewater treatment service accounts.
2. Pursuant to RSMo 393.015, the City agrees to provide at least 30 days written notice by
certified mail to delinquent sewer customers that said customer's water service may or
will be disconnected for lack of sanitary sewer payment. Furthermore City shall provide
written notice to`sewer customers as required by RSMo 393.0164.4(2). Such notice shall
include the due date, amount of the delinquent bill, and all penalties and interest thereon.
• When'payment of such amount is received by the City, upon written notice thereof to
Water District, the Water District shall restore water service to the water and sewer uses,
provided the water bill such user owed to the Water District is not delinquent.
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• 3. If requested by the Water District, the City agrees to provide appropriate personnel to
accompany Water District personnel when disconnections are made. To the extent City
personnel are requested by Water District, disconnections will be made once per month
at a mutually beneficial agreed upon date and time.
4. The City agrees to reimburse the Water District for disconnection of water service to
sewer-only delinquent customers whose service has been disconnected pursuant to this
agreement at the customary rate of disconnection, currently $30.00 for disconnections
and reconnections between 8:00 a.m. and 4:30 p.m., Monday — Thursday, 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.
5. 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.
6. 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, and delinquent if
not paid within fifteen(15)days.
• 7 In the event 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 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.
8. Upon receipt of written notice from the City that a customer has made full payment of all
delinquencies, costs an fees for discontinuance and disconnection and for reinstitution or
reconnection of serve, 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.
9. The City agrees to issue a press release and provide public education regarding the
disconnection and/or discontinuance of service policy as it deems appropriate in its sole
discretion.
10. 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 any independent contractor who performs such agreement
under contract with the Water District thereon as an additional insured, 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.
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11. The term of this Agreement shall be one (1) year, commencing on the date hereof. By
agreement of the parties this agreement may be renewed and extended for an additional
period up to one (1) year. The Agreement shall continue on a month to month basis after
the expiration of the final term until one party gives ninety(90) days written notice to the
other party of its intent not to continue the Agreement.
12. 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, including customers of
the Water District and the City.
13. City does hereby designate and appoint the Finance Director and Utilities Superintendent
as City's representatives to either of whom all inquiries from Water District with respect
to the performance of Water District's obligations under this Agreement shall be referred,
and the decisions of either individual shall be final, and binding upon City.
14. This Agreement may not be assigned by a party without the express written consent of
the other party.
15. This Agreement may not be amended, modified, or revised except by a written consent of
the other party.
16. This Agreement shall be binding upon the inure to the benefit of the parties hereto and
• their respective successors and permitted assigns.
17. This Agreement has been entered into and shall be construed in accordance with the laws
of the State of Missouri.
18 Notices. All notices required to be in writing may be given by first class mail addressed
to:
If to the City: If to the Water District:
Finance Director Brad Scrivner
City of Jefferson Callaway County District 1
320 East McCarty P.O. Box 1
Jefferson City, MO 65101 Holts Summit, Mo 65043
Wastewater Division Director
City of Jefferson
320 East McCarty
Jefferson City, MO 65101
The date of delivery of any notice shall be the second full day after the day of its mailing.
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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 Callaway Water District
May r esident
EST:
NylclerC Secretary
APP D AS TO/,FORM:
City o selor
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