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Home My Public Portal AboutORD14283 I BILL NO. 2007-109 SPONSORED BY COUNCILMAN Dan Klindt ORDINANCE NO. 1 )4),93 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT TO TRANSFER CERTAIN REAL PROPERTY BELONGING TO THE CITY TO THE COUNTY OF COLE FOR THE PURPOSE OF CONSTRUCTING A JAIL. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and the City Clerk are hereby authorized to enter into an agreement to convey, and to convey, certain property owned by the City of Jefferson, for the purpose of constructing a County Jail and Sheriff's Offices. Section 2. The form of the agreement shall be substantially similar to the attached Exhibit A, which by this reference is incorporated herein as if more fully and completely set forth. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Approved: �, ---�06 7 r ing Officer Mayor ATTE APPROVED AS TO FORM: City CIA City ounselor Drafter's Note: Deleted text is shown tims. Inserted text is shown thus. S:\A4yfiles\Council\Ordinances\2007-.109.wpd ,Q� COOPERATIVE AGREEMENT THIS AGREEMENT is entered into by the City of Jefferson, Missouri, a Missouri municipal corporation, (hereinafter referred to as the "City"), and the County of Cole, Missouri (hereinafter referred to as the, "County"). WITNESSETH: In consideration for the mutual covenants, promises and representations in this Agreement the Parties hereto agree as follows: 1. City to Convey Property. The City agrees to convey the Property described in Exhibit A, which is attached hereto and incorporated herein by reference, to the County by Special Warranty Deed. In the event that a portion of the Property is not needed for the construction of the jail, Sheriffs Office, allowed parking and the designated security buffer designed by the Architect, the County agrees to reconvey such unneeded Property back to the City. In the event that a portion of Property is no longer used for any of the abovementioned purposes, the County, at the City's sole option, shall for the consideration of one dollar, reconvey to the City such unused Property. Notwithstanding the foregoing, no such reconveyance shall occur at any time such unneeded Property is directly or indirectly serving as security for any outstanding obligations of the County issued to finance or refinance the acquisition, construction and installation of the jail and sheriff/law enforcement office center and related facilities. 2. Restriction on Parking. Being that adequate parking in the area is a desired goal of both entities, the County agrees that it will not use the property for parking, except for the parking of official Iaw enforcement vehicles, and for delivery and maintenance vehicles serving the Property and the improvements thereon. The County further agrees not to use any part of the Property for the sale or lease of any parking spaces. 3. Central Booking. In consideration for the above conveyance, the County agrees to provide at the new jail a location for central booking, which shall be made available to Jefferson City Police Department at no cost to the City. 4. Municipal Prisoners. In consideration for the above conveyance, the County shall also provide housing for up to twenty(20) Municipal prisoners at any given time, at no cost to the City, except as set forth in paragraph 4 (e) below. a. A municipal prisoner shall be defined as any person being solely held on a municipal warrant or serving a sentence imposed by the City Municipal Judge. b. County will be entitled to bill the prisoners directly for the costs of housing, but the City shall not be required to collect such jail costs nor reimburse the County for such costs. The County shall, even though the City will not be charged, be entitled to seek reimbursement from City Y prisoners for the cost of their incarceration, and the City hereby assigns any rights to reimbursement it may have from these municipal prisoners to the County. The City agrees to assist the County in collecting the unpaid costs of confinement through the contempt process of the Municipal Court when requested by the County. C. The City will be responsible for the jail costs of any municipal prisoners that exceed the limits set forth above. d. In the event said beds are not being used to house City prisoners, the County shall be allowed to use the available space for its other prisoners, provided that should additional municipal prisoners arrive the County will accept them up to the maximum number provided herein. e. City shall be responsible for all medical costs incurred by its municipal prisoners, while being housed at the Cole County Jail. 5. Use of Facilities. The City shall be allowed to use the Sheriff's Department Training Room as long as it is available and does not unduly interfere with the operation of the jail or Sheriffs Department. There shall be no charge for use of the Room; however, the City shall be responsible for providing and paying for any security necessary within the room while using the premises. The facility shall include a facility where prisoners may appear before a judge by video, and such facility shall be made available to the City without charge. The County shall be responsible for moving prisoners from where they are in the jail to the video room and providing security of the prisoner during the process. 6. Demolition. It is agreed that the County will be responsible for all demolition, remediation or site preparation on the Property. Except as expressly set forth in its Special Warranty Deed, the City makes no representations or warranties with respect to the Property. 7. Storage of Materials and Lay-down. The City agrees to make available at no cost unused or underutilized spaces near the Property for purposes of construction parking, materials storage and lay-down. 8. Miscellaneous Provisions a. Complete Agreement. This Agreement embodies the entire agreement and understanding of the Parties hereto with respect to the subject matter contained herein. The Parties hereby declare and represent that no promise, inducement, or agreement not herein expressed has been made, and that the Parties hereto acknowledge that the terms and conditions of this Agreement are contractual and not a mere recital. b. Modification. This Agreement may be altered, amended, or modified only in writing signed by all the parties hereto. C. Notices. All notices required or permitted hereunder and required to be in writing may be given by first class mail. If to the City, notice shall be sent to the Mayor, Police Chief and City Counselor. If to the County, notice shall be sent to the Cole County Commission and to the Cole County Prosecutor at the Cole County Courthouse, Jefferson City, Missouri 65101. The date of delivery of any notice shall by the date falling on the second full day after the day of its mailing. d. Preparation of Agreement. This Agreement is the joint work product of the parties hereto and, in the event of any ambiguity herein, no inference shall be drawn against any party by reason of document preparation. e. Further Execution. Each Party agrees that it will promptly execute any and all documents as are necessary or desirable to consummate the transactions contemplated hereby. f. Severability. Should any part of this Agreement be declared illegal by a court of law or is found to conflict with any law, the validity of the remaining portions or provisions shall not be affected thereby. g. Assignment. This Agreement shall inure to and be binding on the successors and assigns of the parties hereto provided that no assignment shall be made by either party without the express consent and approval of the other party. h. Binding Effect. The signatories to this agreement state that they are authorized to execute this agreement on behalf of their respective parties. Parties further agree that this agreement shall be binding on their heirs, successors, and assigns, and that the provisions herein shall be considered covenants running with the land. IN WITNESS WHEREOF, the parties have caused this agreement to be executed effective on the date first above written. COUNTY OF COLE Cl FFERSON s By: _ John L ndwehr, Mayor M nger, {' P siding Commissioner AT V' /( City Clerk Chris Wrigley, 'Western District ommissi ner APP VEDA TO FORM: %/f�� 60 ' Mike Forck, Eastern District Commissioner NatdaKKf fl4ickolaus City Counselor Jim LePage, Auditor