HomeMy Public PortalAboutORD14405 BILL NO. 2008-58
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ORDINANCE NO. "( D
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WATER DISTRICT
# 4 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 Water District # 4 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: Approve • ),f
re iding Officer Mayor
AT T: APPR D AS T FO M:
y CI rk City Counselor
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1414CFb
• WASTEWATER SERVICE TERMINATION AGREEMENT
THIS AGREEMENT is made and entered into by and between the Public Water
Supply District#4 of Cole County, 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 is to.be deemed
Effective as of the 31st day of July, 2008.
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 RSMo deems such Water District
Services to be provided to the occupant and the owner of premises
And protects the Water District from liability for water service
Disconnection due to nonpayment of sanitary sewer services charges. .
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
to the City are delinquent in excess of 60 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 that 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; and nothing in this agreement shall interfere with, inhabit,
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)The city agrees to provide a written ten (10) day notice to delinquent customers that
said customers water service may or 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.
3) 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.
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
Disconnection and reconnections between the hours of 8:00 a.m. and 4:30 p.m.,
Monday-Friday, other than holidays; $50.00 for reconnections after normal business
Hours, on weekends and on 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 the Water District as a result of discontinuing water
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 the 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 the 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 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 the insurance
Coverage provided to the Water District or independent contractor by the City as
Described above, the City shall reimburse such amounts to the Water District or
Independent contractor.
8) Upon receipt of written notice from the City that a customer has made full payment
of all delinquencies, costs and fees for discontinuance, disconnection and for -
Reinstitution or reconnection of service, the Water District agrees to reconnect water
Service to said customer. The described written notice may provide 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 the service policy as it deems
Appropriate in its sole discretion.
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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 a policy limit equal to or in excess of those
Set forth in section 537.610, RSMo, it 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 anytime the City fails to do so and furnish such certificate of
Insurance to the Water District, the Water District may cease to make service
Terminations until such requirement is satisfied.
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 of 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 inquires from
The Water District with respect to the performance of the Water District's
Obligations under this agreement shall be referred,and the decisions of either
Individual shall be final, and binding upon the 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:
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If to the.City: If to the Water District:
Finance Director Gary VanDeVelde
City of Jefferson Board President
320 East McCarty St 7712 Route M
Jefferson City, MO 65101 Jefferson City, MO 65101
Wastewater Division Director Will Humphrey
City of Jefferson Manager
320 East McCarty St 7712 Route M
Jefferson City, MO 65101 Jefferson City, MO 65101
The Date of delivery of any notice shall be the second full day after the day of its mailing.
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 Jeff e n;Missouri Public Water Supply District#4
Of Cole County
yor President
ATTEST:
City Clerk tary/Clerk
APPR AS TO
City selor
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