HomeMy Public PortalAboutORD13996 BILL NO. 2005-132
• SPONSORED BY COUNCILMAN Brown
ORDINANCE NO. ) 3q 14
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WATER DISTRICT
#2.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized to execute an
agreement with Water District #2 for sewer billing.
Section 2, The terms of the agreement shall be substantially similar to those set
forth in Exhibit A, which is attached hereto and by this reference 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: % !mot . GDS �°►PP.-9 d:. S.5,
Presiding Officer Mayor
ATTEST: APPR V AS TTO F RM:
ty CIA City Counselor
. SEWER BILLING AGREEMENT
This agreement made as of the s rVof-7a-►> ",nV ,2006,pursuant to the action ofthe
City Council 3—, 2006, authorizing this agreement between the City of Jefferson,a
municipal corporation, and Cole County Water District #2, hereinafter referred to as "Water
District",
WITNESSETH:
In consideration of the premises and the mutual covenants and agreements hereinafter
contained, it is agreed by and between the parties hereto as follows:
I. City does hereby employ Water District as City's agent to bill and receive payments for all
sewer services charges arising from sewer service within the Water District#2 as provided
for in Section 26-130 of the Code of the City o0efferson,Missouri,and Water District does
hereby accept such employment from City.
2. City does hereby designate and appoint its Director of Finance as City's representative to
whom all inquires from the Water District with respect to the performance of the District's
obligations under this agreement shall be referred, and the decisions of said Director of
Finance shall be final,binding upon the City and decisions upon which the District may fully
rely.
3. ARer 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 the Water District,as defined in Section 26-1 of the Code of the City
of Jefferson, Missouri (hereinafter sometimes referred to as "City Customers"). Current
sewer service charges shall be billed as a separate item on the water bill rendered by the
Water District to its customers.
a. On or before the 251h day of each month the Water District shall furnish the City a
complete list of all new or discontinued accounts of City Customers.
b. Water District shall bill such charges in accordance with such direction received from
the city.
C. Water District shall have no obligation whatsoever to render bills to any customer of
the City other than those who are customers of the Water District. In all instances in
which the Water District shall be in doubt with respect to the applicability and/or
determination ofsewer charges,such matters shall be referred to the City which shall
determine the same and transmit such determinations in writing to the Water District.
The Water District shall thereafter cause to be rendered all applicable sewer system
p:lCemw Fdamitic V&Vaw Dwrk-t s2Sm s Co]Wion 12-29-03,„pt 1
1 .5
bills in accordance with the determinations. In every instance in which the City shall
adjust the City sewer service charge applicable to a given establishment, the City
shall notify the Water District thereof in writing and the Water District shall
thereafter cause bills to be rendered for sewer service charges to such establishments
in accordance with that determination.
4. The Water District shall cause sewer service charges to be billed in accordance with the
instructions provided by the City, In the event that the City shall at any time or from time
to time in the future make any changes in the rate schedule of sewer service charges to be
billed by the Water District,the City shall not make such changes effective sooner than 30
days from and after upon which written notice thereof shall have been delivered by the City
to the Water District.
5. The Water District may,in its sole discretion,adjust the City Customer's sewerbill to reflect
changes made by the District in the water usage.
6. Nothing in this agreement shall be construed to limit in anyway the Water District's right to
discontinue its service to any ofits customers at anytime in order to enable the Water District
to enforce its own regulations relative to water service or to enforce payment or partial
payment for water due and owing to the Water District.or sewer services charges due And
owing to the City, and the Water District shall incur no liability whatsoever to the City as a
result of any loss in sewer service charges resulting therefrom.
• 7. The Water District agrees that should any customer be delinquent in payment of City
Customer's sewer service charges in an amount greater than$15.00,the Water District will
disconnect customer's water service until such time as:
a. Customer pays all delinquent sewer fees as well as disconnection charges, re-
connection charges, and any other fee imposed by the Water District or the City as
a result of said disconnection or delinquency,or
b. Until such time as the Water District and the City mutually agree that water service
should be reconnected.
C. Water District's obligations under this paragraph shall not be contingent upon
whether or not said City Customer is delinquent in the customer's obligation to the
Water District.
8. Monthly bills rendered for sewer service charges shall be due and payable at the Water
District offices at the time that the Water District bills are due and payable. The Water
District shall prior to making changes in the date that bills are due and payable or if the
location at which the Water District collects payments changes or additional locations are
added.
•
KTodron hks'n&1VVOcr[Wrkr 025ewcr Colkalon 12.24.03.%rd 2
• 9. Water District shall on or before the 25"of each calendar month deposit with the Director
of Finance of the City,or at such location has he may designate,the full amount of all sewer
service charges collected by the Water District during the proceeding calendar month. The
Water District agrees that it will properly account for and transmit to the City all sewer
service charges billed or collected by the Water District for the City. Water District agrees
to furnish a Fidelity Bond in the sum of $25,000.00 countersigned by the Company,
satisfactory to the City, which shall indemnify the City against loss sustained by reason of
the failure of the Water District to turn over to the City all sums of money or collected by the
Water District and due the City under this agreement. All premium for such Fidelity Bond
shall be by the City.
10. In the event that a customer of the Water District shall make a partial payment on a bill
which contains charges for both water and sewer service, the Water District shall apply any
such partial payment to the account in the regular order that the Water District billing system
is setup,which is as follows: I)water 2)taxes 3)fire protection 4)user fees 5)sewer service,
with the payment going first to the oldest bill due in that same order.
11. In consideration for the services rendered herein, the City shall pay to the Water District
compensation as follows:
a. For billing and collection of sewer bills,the sum of sixty-nine cents($0.69)per bill.
Said sum shall be adjusted annually on the first day of November, beginning
November 1, 2006, in an amount equal to the increase in the Consumer Price Index
for all Urban Consumers(CPI-U) as published by the United States Department of
Labor, Bureau of Labor Statistics. The formula for making such an adjustment will
be as follows: the amount shall be subject to adjustment every November 1" in
accordance with changes in the Consumer Price Index,all Urban Consumers(CPI-
U), all items, US city average as promulgated by the US Department of Labor,
Bureau of Labor Statistics using the year 2005 as a base of 100. if the US CPI-U,all
items, US city average is not available, a reliable governmental or non-partisan
publication that evaluates the information used in determining the Consumer Price
Index, all Urban Consumers, US city average shall be used in lieu of said CPI-U.
The exact amount shall be rounded to the nearest one-half cent.
b. In addition,parties agree that City shall pay 1/2 of the actual cost of postage for each
bill sent out by the Water District containing sewer billing. Parties agree that the
current charge to the City for postage is twenty-two cents($.22)per bill,one-half of
which would be eleven cents ($.11). In the event that the US Postal Department
increase the postage rate, this amount shall be likewise increased to continue to
reflect '/2 of the actual cost of postage. The new rate shall be effective on the date
established by the U.S. Postal Service without further notice to the City.
•
ll'Coaiut F&k**,6c VW%Wua pWik+02LSraa Colkafon 12.29-05.%14 3
12. The Water District agrees to set reasonable fees for the disconnection and re-connection of
its customers in the event of non-payment of sewer or water bills. Parties agree that in the
event of a payment subsequent to the imposition of such a fee, the Water District's
disconnection and re-connecting fees will be subtracted from any such payment first, prior
to the pro-ration of the remaining balance which remains to the oldest bill first,payment of
water, taxes, fire protection,users fees and sewer charges, in that order.
12. The term ofthis agreement shall commence on the Issr dayof a wia-!� 2005,
and shall terminate one year later, provided however that the contract shall automatically
renew unless either party notifies the other of their intention not to renew this agreement at
least ninety(90)days prior to the anniversary date.
The agreement shall be binding on the parties hereto and upon the respective successors and assigns.
In witness thereof,both parties hereto have executed the foregoing instruction on the 17"day of
kiva,UP 2006.
CITY OF JEFFERSON WATER DISTRICT#2
May r Board Pr s dent - Gary Putnam
ATTEST: ATTEST:
v 1�Lt:)Lct,, 272
City Clerk Title �z
APPRO D AS TO FORM:
T
City Nvdifiiffor
i
If-.Todud iii %m1w VMsia DWtM N2,Smvf Colkalon 12.=9.0 xpd 4
Termination of Sewer Billing Agreement
Memorandum of Understanding
This Memorandum of understanding is made as of the Al of I' LX` , 2012,
between the City of Jefferson, a municipal corporation, hereafter referred to as "City", and
Public Water Supply District No. 2 of Cole County, hereinafter referred to as "PWSD #2";
whereby the parties agree as follows:
1. The Sewer Billing Agreement executed by the parties January 17, 2006 is hereby
terminated, and PWSD 42 will cease all billing for City of Jefferson wastewater service
effective December 31, 2012.
2. PWSD #2 agrees to include any delinquent amounts from the December 2012 billing for
wastewater service on water bills sent to customers for the PWSD #2 January 2013
billing only. PWSD #2 will then forward City all amounts collected for wastewater
service for the December 2012 billing which are paid to PWSD #2 by February 28, 2013.
PWSD #2 will also provide City with a copy of the "turn off' list for those accounts for
which water service has been disconnected due to non-payment of the December 2012
water bill. The turn off list will be provided to the City on the same day that the water
service is being disconnected, anticipated to be February 19, 2013, and will include a
listing of wastewater accounts from December 2012 that remain delinquent.
3. PWSD #2 will provide the City within 30 days the following reports in excel format and
then again on December 20, 2012:
a. A report with all current users for the City of Jefferson Wastewater utility billed
by PWSD #2 showing the name of the Customer, Water Account#, Service
Address, Mailing Address and phone #s on file.
b. A second report with water Account# and the date the Water Service Started.
4. Disconnection of water service for nonpayment of wastewater service shall continue
pursuant to the separate Wastewater Service Termination Agreement between PWSD #2
and the City dated September 18, 2008, but said agreement shall be amended as follows:
a. The last Wednesday of each month shall be the standard date for disconnection of
water service for nonpayment of wastewater services. This date may be modified
by agreement of the parties to accommodate holidays or other temporary
conflicts. In accordance with paragraph 4 of the original agreement, the standard
fee City shall pay to PWSD #2 for disconnection and reconnection combined shall
be increased to fifty seven dollars ($57.00). When reconnection needs to occur,
City will call and send written notification to PWSD #2. Said request must occur
before 4:00 pm.. to be considered for same day reconnection.
1
b. City will supply a form for new sewer service users that PWSD #2 will have new
customers complete prior to the start of water service. City will be responsible for
picking up such forms once per month from the business office of PWSD #2 if no
other method of delivery can be worked out.
c. PWSD #2 will also provide the following reports:
i. A monthly report identifying all customers who have terminated water
since the previous report with the date the water account was closed and
the customer's forwarding address, if known.
ii. A monthly report identifying all new customers which shall include at
least the person's name, service &mailing address, phone number, start
date with and PWSD #2 account number assigned to said person.
iii. Annual usage reports for all customers shall be provided in April.
d. In exchange for the above reports provided by PWSD #2, City shall pay PWSD
#2 the additional sum of one thousand two hundred dollars ($1,200.00) annually,
which shall be payable upon submission of a bill by PWSD #2 to the City in April
of each year.
5. The agreement shall be binding on the parties hereto and upon the respective successors
and assigns.
In witness thereof, both parties hereto have executed the foregoing instrument on the -�7/ day
of t-�. , 2012.
CITY OF JEFFERSON PUBLIC WATER SUPPLY
DI
RI #2 OF E COUNTY 2
G
City A ministrator �R �c/..-Y
ATTEST: ATTEST:
ity Clerk Title
APPROVED AS TO FORM:
C' ounsel
2
Termination of Sewer Billing Agreement
Memorandum of Understanding
This Memorandum of understanding is made as of the At of n! , 2012,
between the City of Jefferson, a municipal corporation, hereafter referred to as "City ", and
Public Water Supply District No. 2 of Cole County, hereinafter referred to as "PWSD #2 ";
whereby the parties agree as follows:
1. The Sewer Billing Agreement executed by the parties January 17, 2006 is hereby
terminated, and PWSD #2 will cease all billing for City of Jefferson wastewater service
effective December 31, 2012.
2. PWSD #2 agrees to include any delinquent amounts from the December 2012 billing for
wastewater service on water bills sent to customers for the PWSD #2 January 2013
billing only. PWSD #2 will then forward City all amounts collected for wastewater
service for the December 2012 billing which are paid to PWSD #2 by February 28, 2013.
PWSD #2 will also provide City with a copy of the "turn off' list for those accounts for
which water service has been disconnected due to non - payment of the December 2012
water bill. The turn off list will be provided to the City on the same day that the water
service is being disconnected, anticipated to be February 19, 2013, and will include a
listing of wastewater accounts from December 2012 that remain delinquent.
3. PWSD #2 will provide the City within 30 days the following reports in excel format and
then again on December 20, 2012:
a. A report with all current users for the City of Jefferson Wastewater utility billed
by PWSD #2 showing the name of the Customer, Water Account #, Service
Address, Mailing Address and phone #s on file.
b. A second report with water Account # and the date the Water Service Started.
4. Disconnection of water service for nonpayment of wastewater service shall continue
pursuant to the separate Wastewater Service Termination Agreement between PWSD #2
and the City dated September 18, 2008, but said agreement shall be amended as follows:
a. The last Wednesday of each month shall be the standard date for disconnection of
water service for nonpayment of wastewater services. This date may be modified
by agreement of the parties to accommodate holidays or other temporary
conflicts. In accordance with paragraph 4 of the original agreement, the standard
fee City shall pay to PWSD #2 for disconnection and reconnection combined shall
be increased to fifty seven dollars ($57.00). When reconnection needs to occur,
City will call and send written notification to PWSD #2. Said request must occur
before 4:00 pm. to be considered for same day reconnection.
1
b. City will supply a form for new sewer service users that PWSD #2 will have new
customers complete prior to the start of water service. City will be responsible for
picking up such forms once per month from the business office of PWSD #2 if no
other method of delivery can be worked out.
c. PWSD #2 will also provide the following reports:
i. A monthly report identifying all customers who have terminated water
since the previous report with the date the water account was closed and
the customer's forwarding address, if known.
ii. A monthly report identifying all new customers which shall include at
least the person's name, service & mailing address, phone number, start
date with and PWSD #2 account number assigned to said person.
iii. Annual usage reports for all customers shall be provided in April.
d. In exchange for the above reports provided by PWSD #2, City shall pay PWSD
#2 the additional sum of one thousand two hundred dollars ($1,200.00) annually,
which shall be payable upon submission of a bill by PWSD #2 to the City in April
of each year.
5. The agreement shall be binding on the parties hereto and upon the respective successors
and assigns.
In w ess thereof, both parties hereto have executed the foregoing instrument on the
of ��, , 2012.
CITY OF JEFFERSON
City A ministrator
ATTEST:
APPROVED AS TO FORM:
ounsel
2
day
PUBLIC WATER SUPPLY
DI RICT #2 OF E COUNTY
,Log,? Res,:/.,.r
ATTEST:
Title