HomeMy WebLinkAbout1995-036 - Agreement with Missouri-American Water Company#59845; 06/20/95
BILL NO. %~'
ORDINANCE NO. ~.~ '~ }
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
MISSOURI-AMERICAN WATER COMPANY. '
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
RIVERSIDE, MISSOURI, AS FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized
to execute the agreement with Missouri-American Water Company
which is attached as Exhibit "A" and made a part of this
ordinance as though fully set out herein.
Section 2. The Mayor and other City officials are
authorized to take such other and further action as may be
necessary to implement the intent of this ordinance.
PASSED THIS r~{ti DAY OF i , ~~ , 1995.
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MAYOR
ATT~T: ~
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CITY CLERK --
APPROVED THIS %'~i% DAY OF , 1995.
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MAYOR :~'
.-~(;12EEMENT
THIS AGREEMENT executed this ~ day of 199, between
Iv(ISSOURI-A,tiIERICAN WATER CONIPA~,`Y, a ivfissouri corporal on (hereinafter referred to as
'~1.y~~'C"), and the CITY OF RIVERSIDC, Missouri, a forth class city incorporated under the laws
of the State of Missouri (hereinafter referred to as the "CITY")
F.~CTU.~L BACKGRO[1`ND
MAWC owns and operates a sanitary sewage facility, including without limitation, collection
lines and tnu~ mains located in Platte County, Missouri, commonly referred to as Ridgewood
Estates.
The City has recently completed upgrading its sanitary sewer interceptor lines.
;MAWC recognizes the desirability of abandoning its treatment facility at its Ridgewood
Estates Location. This abandonment is deemed to be in the best interest of the public. MAWC
recognizes that the City's sewers discharge into the City of Kansas City's line and ultimately its
treatment facility and MAWC shall be subject to any existing or future contracts between City and
the City of Kansas City.
NOW, THEREFORE, subject to all laws, rules, and regulations which govern this contract,
MAWC and the City agree as follows:
RiDC.E~VOOD ESTATES SERVICE AND COSTS. MAWC agrees to connect
at its sole cost and expense the Ridgewood Estates lines at a location known as Manhole 30 on the
City sewer plans (shown on this Agreement's attachment Exhibit "A"). The City agrees to convey
to MAWC an easement and right-of--way for said line and manhole. In the event that it becomes
necessary, however, to acquire additional easement(s) for such line as indicated on Exhibits A and
Q. VI:A~VC ~~~ill use its best efforts to procure such easements. It shall be the responsibility of
iv,~I:AW'C to pay all costs and expenses of construction to the point designated on the City's plans of
Line 41 Yor connection (shown of this Agreement's attachment Exhibit "B"). Upon completion of
Line 4 i by a contractor approved by the City and it acceptance by the City's I/ngineer, said tine shall
he owned and maintained by ~t.~WC, provided, however, the City shall have the exclusive right to
add and maintain at its cost and expense additional connections to said line. ~L-~~~'C agrees to
design and construct, at ~~1AWC expense, a junction structure or other facility Yor effecting the
connection including metering and sampling as means of determining the quantity and characteristics
of wastewater contributed at the location known as Manhole 30. The structure for flow metering and
sampling must be approved by the City and Kansas City, Missouri. Only sewage tiom MAWC's
sewage collection system at the time of this agreement and described in Exhibit "C" shall be
discharged into the Ciry's sanitary sewer at said connection. It is understood by iV1AWC and agreed
that the Clow meter shall be constructed and operable as soon as reasonable possible but in no event
later than September 30, 199. This date may be extended upon agreement by both VIAWC and the
City. In the event that Kansas City, Missouri requires the City to charge on a basic flow rate as
opposed to the per month per customer residential rate described in this agreement MAWC agrees
to change the method of payment to reflect the proportional flow rate thru the tlow meter at Manhole
30 and as set forth in Paragraph ~ of this agreement. It will be the responsibility of i~1AWC to
install, if required by the City at any time during the term of this Agreement, a meter at the above-
stated location. MAWC agrees to pay to the City the sum of $23.62 per month per residential
customer, said payment being due 1~ days from date of billing. Said charge is based upon the
following allocation of current component charges: I) $14.93 for the operation and maintenance of
the City's collection system; and 2) ~3.6~4 for the treatment charges to the City by the City of Kansas
City. It; tluou«h revisions of the Ciry's ordinances, City-wide residential sewer service charges are
increased (whether caused by an increase in the charges of Kansas City or because of an increase by
the City of Riverside or either, this charge shall be increased to the same extent effective on the first
day following the effective date of such revised ordinance. All payments for existing or future
ordinance-prescribed ch:uges, fees or other costs shall be in accordance with the City's ordinances.
Should any future annexations by the City cause Ridgewood Estates to become a part of [he
City's incorporated area, said annexation will not affect the current sewer rate in farce for ivLAWC
as prescribed by this Agreement. Nor will this action affect sewer rates currently paid by Ridgewood
Estates' sewer customers to 1~L-~WC. Should City cause; the proporty ovor Line 41 to become a part
of City's incorporated area via annexation by the City, ivIAWC agrees to transfer to City for One
Dollar ($1.00) title to Line ~1. MAWC represents that there are no multi-family dwelling nor any
industrial or commercial establishments who do now use the MAWC sewers. In the event that any
residence, multi-family, industrial, or commercial customer applies to MAWC in the future for
connection to its sewer system, MAWC shall obtain written authorization from the City before
permitting the customer to connect to its system. Should MAWC receive written authority for the
connection, the customer shall also provide assurances prior to connection to MAWC and the City
for meeting all applicable restrictions which are part of ordinances of the City. In ti.e event that any
commercial or industrial waste shall be discharged into MAWC's system in any material amount,
MAWC shall use its best efforts to procure the abatement of such discharge. In the event that such
naterial discharge continues without substzrttial interruption for more than 60 days, City shall have
the ri«ht to terminate this Agreement as to the oYfandin~~ customer, upon 1 ~ days prior written notice
to ~IAWC.
It required by the City then VIAWC agrees to adopt appropriate regulations and to keep in
force for the regulation of commercial and industrial wastes re~~ulations that are similar to and at
least as stringent as the City's ordinances as they now exist or may hereafter be enacted. If required
by the Citv then MAWC agrees to adopt a provision which acinowiedges and erants to the Ciry and
to the Ciry of Kansas Ciry the authority to require and monitor compliancy and respond to remedy
violations of MAWC's Sewer Use Ordinance and regulations for use, upon advance written notice
to MAWC and opportunity to cure.
2. CONTRACT SUi3JF.CT TO EYISTING AND FUTURE RECIPROCAL
AGRFEiyIENT WITH THE CITY OF KANSAS CITY. Notwithstanding any other language of
this contract, this contract is expressly subject to the terms and conditions of the existing reciprocal
agreement with the City of Kansas City and the terms and conditions of any future reciprocal
agreement that the City enters into with the City of Kansas City.
3. RIDGEWOOD ESTATES SYSTEM OPERATION. ivIAWC will operate its
sewer collection svstem in accordance with its rules and regulations on hle with the Missouri Public
Service Commission. MAWC agrees to maintain its sewers at all times in good condition and to
prevent unreasonable infiltration into the lines.
4. PERIOD OF THE .AGREFiVIENT. The Agreement shall be effective for 20 years ,
from the date of this Agreement. The Agreement period may be extended only upon execution of
anew agreement with the same formality that attended the execution of this Agreement. This
Agreement is subject to termination by the non-breaching party should either of the agreeing parttes
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breach the teems of this Agreement. Bode City and ivL-~WC shall be entitled to I~ days written
notice of any alleged breach and 30 days thereafter to cure the breach prior to termination for breach,
provided, however, notwithstanding any other provision of this contract, such a notice and right to
cure provision with regard to any breach shall be allowed to MAWC only in the event that a similar
notice and ri~,ht to cure provision exist in nnv reciprocal contracts the City has or makes with the
City of Kansas Ciry. In the event that the City has no notice or right to cure provision in any existing
or future reciprocal agreements with the Ciry of Kansas City, then MAWC shall not be entitled to
any notice and right to cure. This Agreement may be terminated by either party for any reason
whatsoever, effective upon 2 years' prior written notice to the nonterminatina party.
~. F.PA REQtiIRE~Il'JNTS: RULE OF CONSTRUCTION. Because of the
requirements of the United States Environmental Protection Agency (`'LPA"), MAWC understands
it may be required to abide by certain technical sewage flow requirements with respect to usage of
the City's sewer system. These technical requirements shall be the requirements contained within
the ordinances of the City of Riverside, 1~Iissouri, as they now exist or may hereinafrer be enacted.
MAWC fitrther agrees that it will enforce the technical provisions contained in these ordinances of
the City of IVIAWC's own customers, to the extent that MAWC has legal authority and ability to
enforce them. In addition to similar restrictions above, ivIAWC further understands that because of
EPA requirements, the City may be required to issue to MAWC a request for disconnection of any
nonconforming service from NfA~VC's connection lines and trunl: mains leading into the City's
interceptor lines, if their sanitary sewage flow fails to meet the technical requirements set forth in
the ordinance, sections, rules and regulations mentioned above, In the event of such a notice, then
MAWC, will timely disconnect the service upon request of the City.
ivl:A~,VC shall have the same obligations and restrictions as to loading with respect to City
as City is bound with respect to the City of Kansas City, and no greater.
6. TE R~IIN.aTION O F SERVICE. In the event any rule or authority or statute permit
the termination of water services by ivL~WC for nonpayment of sewer services, then MAWC agrees
to do so upon written request by the City. The City agrees to cooperate with i~1=1WC in securing the
termination of service for any said customer and agrees to pay to iVIAWC any and all applicable
costs incurred to discontinue and reinstate service.
7. BILLING h1FORiV[ ~TION. Upon request by the Ciry, NI~WC shall supply
to City, on no more frequent than a monthly basis, any water usage dat<2 in its possession which may
be necessary for the calculation by City of its lawful sewer billings; provided, however, the City
shall reimburse ?vi.~WC for its actual cost, excluding overhead or protlt, directly allocable to the
procuring and supplying of such data at the request of City. (Reference this Agreement's attachment
Exhibit '`C")
8. S[NDiNG ON .ASSTGNGES. This Agreement is binding on the successors and
assignees of the parties.
9. COI'RT OF .iURISDTCTiON. Any dispute concerning this Agreement shall be
brought in a court of competentjurisdiction located in Platte County, Missouri.
10. SEVERABILITY. If any part of this Agreement is deemed to be invalid, the
remainder of it shall be enforced to its full authority as provided under the laws of the State of
Missouri.
11. NU>yi13ER OF COPIES. Tlus Agreement shall be executed in the form of two
(?) duplicate originals, each of which shall be deemed an original instrument.
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IN WITNESS WHEREOF, the parties hereunto have executed dais Agreement as of the day
and year first above written.
MISSOURI-AMERICAN WATER COMPANY
~~
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By: /
William F. L'Ecu~
Vice President and Manager
~r~rr. c~r.
CITY OF RIVERSIDE, MISSOURI
IVIa or Betry Burch~~
Authorized Pursuant to
Ordinance # 9~~-_S ~
ATTEST:
L. ~
Secretary
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Exhibit ,/~ & B
EYHIBIT "C"
I~IISSOi~12I CT~TIES tiV~TER COI~IP~~1Y
P~RIiVII.,LE DIVISION
RIDGEtiVOOD ESTATES SEtiVER CUSTOl~1ERS
Date:
l~lonth Ending:
Total Customers:
Total Usage:
Average Usage: