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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