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HomeMy WebLinkAbout1995-059 - Revised Agreement with Missouri-American Water Company62095; 07/20/95 C~ '^'' ORDINANCE N0. y-5 l~ BILL N0. !~~ AN ORDINANCE AUTHORIZING THE EXECUTION OF A REVISED 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 axereby authorized to execute a revised 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 inte~~n~~t of this ordinance. PASSED THIS ~~ DAY OF L-Clc~ 1995. MAYOR ATTE3~': ! ~ ;; ' ~ CITX CLERK ' APPROVED THIS /~~ DAY OF L~, , 1995. MAYOR AGREEMENT THIS AGREEMENT executed this ,~ day of ~~ 1995, between '~ / MISSOURI-AMERICAN WATER COMPANY, a Missouri corporation (hereinafter referred to as "MAWC"), and the CITY OP RIVERSIDE, Missouri, a forth class city incorporated under the laws of the State of Missouri (hereinafter referred to as the "CITY"). FACTUAL BACKGROUND MAWC owns and operates a sanitary sewage facility, including without limitation, collection Lines and trunk 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 Ridgcwood 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: I2IDGEWOOD ESTATES SERVICE AND COSTS. MAWC agrees to connect at its sole cost and expense the Ridgcwood 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 casement 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 B, MAWC will use its best efforts to procure such casements. It shall be the responsibility of MAWC to pay all costs and expenses of construction to the point designated on the City's plans of Line 41 for connection (shown of this Agreement's attachment Exhibit "B"). Upon completion of Line 41 by a contractor approved by the City and it acceptance by the City's 1Jngineer, said line shall be owned and maintained by MAWC, provided, however, the City shall have the exclusive right to add and maintain at its cost and expense additional connections to said line. MAWC agrees to design and construct, at MAWC expense, a junction structure or other facility for 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 from MAWC's sewage collection system at the time of this agreement and described in 1/xhibit "C" shall be discharged into the City's sanitary sewer at said connection. It is understood by MAWC and agreed that the flow meter shall be constructed and operable as soon as reasonable possible but in no event later than September 30, 1995. This date may be extended upon agreement by both MAWC 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 flow meter at Manhole 30 and as set forth in Paragraph 5 of this agreement It will be the responsibility of MAWC 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 15 days from date of billing. Said charge is based upon the following allocation of current component charges: 1) $14.98 for the operation and maintenance of 2 the City's collection system; and 2) $8.64 for the treatment charges to the City by the City of Kansas City. If, through revisions of the City'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 charges, 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 the City's incorporated area, said annexation will not affect the current sewer rate in force for MAWC as prescribed by this Agreement. Nor will this action affect sewer rates currently paid by Ridgewood Estates' sewer customers to MAWC. Should City cause the property over Line 41 to become a part of City's incorporated area via annexation by the City, MAWC agrees to transfer to City for One Dollar ($1.00) title to Line 41. MAWC represents that there are no multi-fanrily 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 the 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 material discharge continues without substantial interruption for more than 60 days, City shall have 3 the right to terminate this Agreement as to the offending customer, upon 15 days prior written notice to MAWC. If required by the City then MAWC agrees to adopt appropriate regulations and to keep in force for the regulation of commercial and industrial wastes regulations 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 City then MAWC agrees to adopt a provision which acknowledges and grants to the City and to the City of Kansas Cily the authority to require and monitor compliance 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 SUBJECT TO EXISTING AND FUTURF, RECIPROCAL AGREEMENT WITH THE CITY OF KANSAS CITY. Notwithstanding any other language of this contract, this contract is expressly subject to the temis 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. MAWC will operate its sewer collection system in accordance with its rules and regulations on file 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 AGREEMENT. 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 parties 4 breach the terms of this Agreement. Both City and MAWC shall be entitled to IS 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 right to cure provision exist in any reciprocal contracts the City has or makes with the City of Kansas City. In the event that the City has no notice or right to cure provision in any existing or future reciprocal agreements with the City 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 nonterminating party. 5. EPA REOUIREMENTS• RULE OF CONSTRUCTION. Because of the requirements of the United States Environmental Protection Agency ("EPA"), 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, Missouri, as they now exist or may hereinafter be enacted. MAWC further agrees that it will enforce the technical provisions contained in these ordinances of the City of MAWC's own customers, to the extent that MAWC has legal authority and ability to enforce them. In addition to similar restrictions above, MAWC 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 MAWC's connection lines and trunk 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. 5 MAWC 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. TERMINATION OF SERVICE. In the event any rule or authority or statute permit the termination of water services by MAWC for nonpayment of sewer services, then MAWC agrees to do so upon written request by the City. The City agrees to cooperate with MAWC in securing the termination of service for any said customer and agrees to pay to MAWC any and all applicable costs incurred to discontinue and reinstate service. 7. BILLING INFORMATION. Upon request by the City, MAWC shall supply to City, on no more frequent than a monthly basis, any water usage data in its possession which may be necessary for the calculation by City of its lawful sewer billings; provided, however, the City shall reimburse MAWC for its actual cost, excluding overhead or profit, directly allocable to the procuring and supplying of such data at the request of City. (Reference this Agreement's attachment Exhibit "C"). 8. BINDING ON ASSIGNEES. This Agreement is binding on the successors and assignees of the parties. 9. COURT OF JURISDICTION. Any dispute concerning this Agreement shall be brought in a court of competent jurisdiction 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. NUMBER OF COPIES. This Agreement shall be executed in the form of two (2) duplicate originals, each oPwhich shall be deemed an original instrument. 6 IN WITNESS WHEREOF, the parties hereunto have executed this Agreement as of the day and year first above written. MISSOURI-AMERICAN WATER COMPANY ~ ~, ~~ ~- ~ By: ' William F. L'EcuyeY Vice President and Manager A TTIIQT. CI"CY OP RIVERSIDE, MISSOURI By: j~,~~7~~ ~~~,,s/ Jam; ~i''«<~«. Mayor Betty Burch~~ Authorized Pursuant to Ordinance # ~J~ 7 ~` ATTEST: ~ j' ~~ liLl.~-Q.J / Secretary %~ ~ ' UJ fD (`7 ( r rT1 ' k ~ ~ - - • Q r.~ ~n' ~ ~ ~ ~ Z (D ~ ~ p ~~ ~ P ~ ~` ,, t? ~ _ o ~ O ~~ ~-+- ' ~ C ], r ~ yr SZ N`~ S~~H e1v1 .. -~ i x ~- 7 ~T~ r i`i :~ TJ T ~ A. ~~~'Q q~~o Sul ~ q ~ t~~ ~~~~ d e L (.r ~ ~I Ch ~" L~, r~ o ~ -N- ti° ..~ ~l- ~, ~3 WATER vdLVES 21rJ PINE 81 D 1 P ~._r""`~ 4X4 CpNC MH `~ ~ 6FT CHAIN I f NIC 'J STRAND BARE 1 ~ SSNH N N plf' ~ 4IN CLM ~ LiTnn ~_.~--__-tom-~L ' ~ 361N upVEN u I Rl- 3 STP,AND A ~ ~\ 2 \ ~\ D ca ~\\ __ _ r ,` -- -_- --^- -- / ~ ~ 1 I I ~ u PIN II ===x 'f IN~ -I ~ - -- :ice '-__._ e ~ //~l -a ~ ~ r~ \ .~ ~ ' I ~ ~ 1 ` ~~ ~~'> I ~ti ~ c° v~ O ro ` ~i ~4 O ~ ... ~, ~ .o v a c° ~~ ~ ~ 4 ~ - "' ~ r~ , . ~ '' ~ ~ ~ ~ ~ - ~ l x xl ~ Ur ~ C ~ ~ cn y ^. ~° ~ u= \ ~ I ~ b 4 ~ ~ o a ^ ~ o ` ~ ~ ~ , __ ~ a ~. ~ ~ ~ ` " a o ~ ~ i q X I Y. V ~o ti O Exhibit ,a & B EXHIBIT "C" MISSOURI CITIES WATER CONIPAl~iY PARKVII.LE DIVISION RIDGEWOOD ESTATES SEWER CUSTOMERS Date: Month Ending: Total Customers: Total Usage: Average Usage: