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Home My Public Portal AboutORD14173 BILL NO. 2006-147 • SPONSORED BY COUNCILMAN Brown ORDINANCE NO. / 4- 0 3 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH 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 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. • Passed: [/(.tom let 0�0�7 Approve; PC4 2l, Zo+ F� Pre iding Officer Mayor A E APP V AS TO FORM: City CI rk Clry bbRslelor Ord /q/73 e • WASTEWATER SERVICE TERMINATION AGREEMENT THIS AGREEMENT is made and entered into by and between the Public Water Supply District No. 1 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 e ed to -s the "City"; this Agreement is to be effective as of the day of , 2007. 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 393.016 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. This agreement shall not be construed to require the Water District to prepare the bills for customers of the City receiving wastewater treatment service subject hereto or to collect said bill. 2. The Water District shall discontinue and disconnect water service at residential units of those customers whose sanitary sewer bills are delinquent in excess of 60 days in order to facilitate collection of delinquent wastewater charges. It shall be obligated to do so only to the extent specified in Water District's Rules and Regulations with'respect to termination of water service for delinquent water bill payments. This Agreement is intended to satisfy the requirements of Section 393.016 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 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, 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 • 1 • its own ordinances, rules and regulations relative to wastewater treatment service or payment of wastewater treatment service accounts. 3. The City agrees to provide written ten (10) day notice to delinquent customers that said customer's 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. 4. 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. 5. 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 8:00 a.m. and 4:30 p.m, Monday — Friday, other than holidays; $50 for reconnections after normal business hours, on weekends and ors holidays. This rate shall be recalculated annually and increased or decreased according to any change occurring in the Water District's costs and expenses. 6. 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. • 7. 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. 8. 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 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. 9. 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. 10. 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. 11. 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 limits equal to or in excess of those set forth in section 537.610, RSMo, shall include the Water District and any is independent contractor who performs such agreement under contract with the 2 • 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 water service terminations until such requirement is satisfied 12. 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. 13. 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. 14. 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. 15. This Agreement may not be assigned by a party without the express written consent of the other party. 16. This Agreement may not be amended, modified, or revised except by a written • instrument executed by both parties. 17. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. 18. This Agreement has been entered into and shall be construed in accordance with the laws of the State of Missouri. 19. 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 Manager City of Jefferson Public Water Supply District No. 1. 320 East McCarty 4346 Rainbow Drive Jefferson City, MO 65101 Jefferson City, MO 65109 Wastewater Division Director Clerk City of Jefferson Public Water Supply District No. 1 320 East McCarty 4346 Rainbow Drive Jefferson City, MO 65101 Jefferson City, MO 65109 The date of delivery of any notice shall be the second full day after the day of its mailing. • 3 • 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 Public Water Supply District No. 1 of Cole County f /✓ Mayor President ATT LA ity Clerk "iy Water Dtstrict Clerk APPRQkW AS TO FORM: , • City ouns or • 4