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Home My WebLink About1125 MAW Installation Water Mains - Horizons �F� .. � .. . . . . � BILL NO. 2021-023 ORDINANCE NO.1��,� AN ORDINANCE AUTHORIZING THE INSTALLATION OF WATER MAINS AND RELATED FACILITIES IN CONNECTION WITH `I'HE HORIZONS BUSINESS PARK DEVELOPMENT PROJECT WNEREAS, Missouri-American Water Company ("MAWC") is currently authorized to provide water within the City of Riverside, Missouri ("Citv"), which is a part of MAWC's Parkville/Platte County District (the "District"); and WHEREAS, Section 393.130.1, RSMo., requires MAWC to furnish and provide such service instrumentalities and facilities as sha(1 be safe and adequate and in all respects just and reasonable;and WHEREAS, it is MAWC's duty to serve all persons in accordance with its tariffs within an area in which it has been certificated; and WHEREAS, the City entered into a Master Development Agreement with Riverside Horizons, LLC (f/k/a Briarcliff Horizons, LLC) (the "Developer") for the development of the Horizons Business Park Development Project (the "Proiect") within the City and within the designated Area of the local Tax Increment Financing Area and within the Area of the State Tax Increment Financing Area; and WHEKEAS, the City and the Developer have entered into a Land Purchase Agreement for the construction and operation of certain business facilities in connection with the Project (the "Facilities"); arid WHEREAS, preparation work and foundational construction of the Facilities has commenced; and WHEREAS, the Project will require an extension of MAWC water mains, hydrants and appurtenant facilities, which is governed by Rule 23 of MAWC's Rules and Regulations Governing the Rendering of Water Service, on file with the Missouri Public Service Commission as PSC MO No. 9(the "Tariff '); WHEREAS, the water mains, hydrants and appurtenant facilities that will serve the Project must be installed before vertical construction of the Facilities can commence; and WHEREAS, the water mains, hydrants and appurtenant facilities that will serve the Project will be owned by MAWC pursuant to the Tariff; and WHEREAS, under the Tariff, all main extensions must be installed in easements or right-of-way as determined by MAWC, and any applicant for a main extension is responsible for easement acquisition costs for the main extension; WA 3502025.3 IrtTK:tYSVr"� ' . . . . . WHEREAS, the Pr�ject design will reyuire that some of the water mains, hydrants and appurtenant facilities that will serve the Project be installed in rights-of-way as described in Exhibit A and Exhibit B, and the City agrees there will be no charge for any permit fees for the installation of such water mains, hydrants and appurtenant facilities being located therein; and WHEREAS, funding for the installation of such mains, hydrants and appurtenant facilities in conneetion witli the Project in the right-of-way described in �xhibit A will be pursuant to an agreement to be entered into between the City and MAWC pursuant to and consistent with the Tariff, and funding for the installation of such mains, hydrants and appurtenant facilities in connection with the Project in the right-of-way described in Exhibit B will be pursuant to the Master Development Agreement dated as of May l0, ZO11, and the Escrow Agreement dated as of June 16, 201 l, between the City and the Developer; and WHF,REAS, MAWC will agree to allow the installation of such mains, hydrants and appurtenant facilities in connection with the Project to be in right-of-way instead of easement so long as the City agrees to reimburse Mr1WC for the necessary costs actually incurred by MAWC associated with future relocation of the water main, hydrants and appurtenant facilities installed in connection with che Project in the rights-of-way as described in Exhibit A and Exhibit B, and tl�e City agrees to such reimbursement only where relocation of the aforementioned facilities is deemed by MAWC to be necessary as a result of a project or improvements requested in writing by an authorized officer of the City; and WHEREAS, MAWC will agree to allow the installation of such mains, hydrants and appurtenant facilities in connection with the Project to be in right-of-way instead of easement so long as the City agrees, in the event the water main, hydrants and appurtenant facilities being relocated cannot be relocaied in right-of-way, the City be responsible for obtaining the necessary easements, which must be acceptable to MAWC; and WHEREAS, MAWC will agree to allow the installation of such mains, hydrants and appurtenant facilities in connection with the Project to be in right-of-way instead of easement so long as the City agrees to be responsible to pay for the necessary costs, including condemnation costs, associated with the acquisition of such easements where relocation of the aforementioned facilities is being done as a result of a project or improvements requested by the City; and WHEREAS, the City has no other satisfactory options available to it at this time as time is of the essence to begin installation of the water mains, hydrants and appurtenant facilities to be installed in connection with the Project as further delay will result in injury to the health safety and welfare of the citizens and businesses of the City. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: Section 1. The City hereby permits the installation of the water mains, hydrants and appurtenant facilities in connection with the Project in the rights-of-way as described in Exhibit A and Exhibit B, and agrees there will be no charge for any permit fees for the installation of such water mains, hydrants and appurtenant facilities being located therein. 2 WA 3502025.3 i f _ �. . . . Section 2. The City hereby authorizes the Mayor of the City to negotiate the terms of, and to execute and deli�er, an agreement between the City and MAWC related to the installation of water mains, hydrants and appurtenant facilities in the right-of-way of described in Exhibit A as part of the Project, containing such terms as are fair and reasonable to the City and consistent with the terms of the Tariff, this Ordinance and Missouri law. Section 3. The City agrees to reimburse MAWC for the necessary costs actually incurred by MAWC associated with future relocation of the water main, hydrants and appurtenant facilities installed in connection with the Project in the rights-of-way as described in Exhibit A and Exhibit B only where relocation of the aforementioned facilities is deemed by MAWC to be necessary as a result of a project or improvements requested in writing by an authorized officer of the City. The City's obligation to pay for relocation does not apply to projects or improvements requested by third parties, even if those projects are approved by the City. Section 4. In the event the water main, hydrants and appurtenant facilities being relocated cannot be relocaied in right-of-way, the City will be responsible for obtaining the necessary easements, which must be acceptable to MAWC. Also, the City wil] be responsible to pay for the necessary costs, including condemnation costs, associated with the acquisition of such easements only where relocation of the aforementioned facilities is being done as a result of a project or improvements requested by the City. Section 5. In the event the portion of the rights-of-way of described in Exhibit A and Exhibit B in which the water main, hydrants and appurtenant facilities installed in connection with the Project are located is ever vacated or abandoned by the City, the City will be solely obligated to incur the necessary costs, including condemnation costs, associated with obtaining the necessary easements, which must be acceptable to MAWC, and the City shall use commercially reasonable efforts to obtain such easements before said portion of such rights-of- way is vacated or abandoned. Section 6. This Ordinance shall be in full force and effect from and after its passage and approval. `�'ll PASSED AND APPROVED THIS � DAY OF l�iV�-p-�, 2012. ; .- ' ,� O � _ . ° Mayor Kathleen L. Rose z: - � ATTES� " City Clerk 3 WA 35020253 i V.�. �`..�_ J.i») NT' YS�.].V � "�Y.f�.Rr C�M]4'ti'� �I�'AF.t� � il � �li �r ". �i.a � .� fy.J1 � . . v .. � . N¢ � �I . � ... .: uw:. � _ �\. A ..:� ... 3 .:�.. L� '� ^ ` fy� �I�b�° `"�rf „ ` +R ... , � ��.• o-, r ' t,u�a� ;! � re..�. i . ��},`°`:. . rriik�':s�F`t."�_ . M{ va ,:.�� ' < � ' _ � � � . �.':� - �-�� ..._ � . . . i' � � wsw�... �} � -� kldg� �,'; 1 . '� _ . � ! .�� f' . "�mt . � . � 4 7. �_ . ' � . � . � �� `�t � . ' !. . � ! , , .` �z � �, � � _ , . I � � , � t r 1 ,.._.. �}l� �.. � %. � ' i . � r�§ � I� � �� _F� ! ' � �' � f � �. 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