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HomeMy WebLinkAbout2008-034 - Southern Platte Fire ProtectionBILL NO.2008-34 ORDINANCE NO.2008-34 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN THE CITY OF RIVERSIDE, MISSOURI AND SOUTHERN PLATTE FIRE PROTECTION DISTRICT FOR THE PURPOSE OF FIRE PROTECTION TO A NEWLY ANNEXED AREA; AUTHORIZING. THE EXECUTION THEREOF; AND APPROVING CERTAIN ACTIONS RELATED THERETO. WHEREAS, the City of Riverside, Missouri ("City") has annexed the area located west of the current Riverside City limit along Northwood Road, north of Missouri Highway 9 ("Annexed Area") as shown on exhibit "A" attached hereto; and WHEREAS, the City is required to provide fire protection and emergency medical services to the Annexed Area and does not desire that the Southern Platte Fire Protection District ("Fire District") provide those services on a contract basis; and WHEREAS, the City and the Fire District are authorized pursuant to Chapter 321 of the Missouri Revised Statutes to enter into an agreement whereby the City shall cover and assume all obligations of the Fire District to the Annexed Area and the Fire District shall no longer levy and collect any tax upon the Annexed Area; and WHEREAS, the City and Fire District desire to enter into an agreement, effective upon annexation, to comply with Section 321.322 of the Missouri Revised Statutes; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: Section 1. The Board of Aldermen hereby approves and authorizes and directs the Mayor to execute the Intergovernmental Cooperation Agreement between the City and the District in substantially the form as set forth in Exhibit A, attached hereto and incorporated herein by reference, the signature of such official being conclusive evidence of such approval. Section 2. The City shall, and the officials, agents and employees of the City are hereby authorized and directed to take such further action, and execute such documents, certifications, and instruments as maybe necessary to carry out and comply with the intent of this Ordinance. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED THIS ~ DAY OF , 2008. -~-b~""A-lJ Mayor Kathleen L. Rose ATTES Ci Clerk i .~.., 7 ,.. _ f1. - - , EXHIBIT A LEGAL DESCRIPTION OF ANNEXATION AREA All that part of the West One Half of Section 5, Township 50, Range 33, Platte County, Missouri, described as follows: Beginning at the Northwest corner of the Northwest Quarter of said Section 5; thence South 89 degrees O1 minutes 09 seconds East, along the North line of the Northwest Quarter of said Section 5, a distance of 2615.07 feet to the Northeast corner of the Northwest Quarter of said Section 5; thence South 00 degrees 20 minutes 51 seconds West along the East line of the Northwest Quarter of said Section 5, a distance of 2626.27 feet to the Southeast corner of the Northwest Quarter of said Section 5; also being the Northeast corner of the Southwest Quarter of said Section 5; thence South 00 degrees 21 minutes 08 seconds West along the East line of the Southwest Quarter of said Section 5, a distance of 128.89 feet to the Northerly Right-of--Way line of Missouri State Route 9; thence North 57 degrees 03 minutes 17 seconds West, along said Right-of--Way line, a distance of 627.08 feet; thence continuing along said line North 69 degrees 37 minutes 59 seconds West, a distance of 289.80 feet; thence continuing along said line North 74 degrees 19 minutes 48 seconds West, a distance of 445.37 feet; thence continuing along said line North 73 degrees 52 minutes 59 seconds West, a distance of 1085.20 feet; thence continuing along said line North 82 degrees 34 minutes 55 seconds West, a distance of 343.65 feet to the West line of the Northwest Quarter of said Section 5; thence North 00 degrees 21 minutes 59 seconds East, along the West line of the Northwest Quarter of said Section 5, a distance of 1892.11 feet to the Point of Beginning. Said Tract contains 133.27 Acres more or less. n INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN THE CITY OF RIVERSIDE AND THE SOUTHERN PLATTE COUNTY FIRE PROTECTION DISTRICT THIS~IN~TERGOVERNMENTAL AGREEMENT ("agreement"), is entered into as of this day of 312V , 2008, by and between the CITY OF RIVERSIDE, MISSOURI ("City") a fourth class city and political subdivision of the State of Missouri, and the SOUTHERN PLATTE FIRE PROTECTION DISTRICT ("Fire District"),apolitical subdivision of the State of Missouri. WITNESSETH WHEREAS, the City has annexed the area located west of the current Riverside City limit along Northwood Road, north of Missouri Highway 9 ("Annexed Area") as shown on exhibit "A" attached hereto; WHEREAS, the City is required to provide fire protection and emergency medical services to the Annexed Area and does not desire that the Fire District provide those services on a contract basis; WHEREAS, the City and the Fire District are authorized pursuant to Chapter 321 of the Missouri Revised Statutes to enter into an agreement whereby the City shall cover and assume all obligations of the Fire District to the Annexed Area and the Fire District shall no longer levy and collect any tax upon the Annexed Area; ~rY1~W -IER~AS, the City and Fire District are entering into this agreement, effective k! 2~/, 2008, to comply with Section 321.322 of the Missouri Revised Statutes; NOW THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Compensation for Lost Revenues: Pursuant to 321.322 R. S. Mo., as amended, the City and Fire District agree that the compensation due to the Fire District for lost revenues for the Annexed Area is the lump sum of $58,885.58. The lump sum of $58,885.58 represents the projected payments the Fire District could seek under Missouri law if a settlement agreement was not reached, estimating the year of annexation, the construction schedule and projected land values over the six-year period for which the City would be responsible for payments under the statute. The City agrees to pay said lump sum of $58,885.58 to the Fire District on /Yl~rr~ LS , 2008. After payment is made on that date, the City shall permanently cover all obligations of the Fire District to the Annexed Area. i¶. I,, ,, _, ~I. ,. - Thereafter, the Fire District agrees to convey to the City the title, free and clear of any liens or encumbrances of any kind or nature, to any tangible real and personal property of the Fire District as may be agree upon, which is located within the Annexed Area, to use and dispose of as the City deems best in the public interest. Effective ~,K.n L~ , , 2008, the Fire District shall not levy or collect any tax upon the property included within the Annexed Area. 2. Hold Harmless: The Fire District agrees that the lump sum payment of $58,885.58 is the total amount owed by the City, and the Fire District agrees to hold the City harmless of any costs, expense or any other amount owed as a consequence of the Annexed Area being removed from the Fire District. The City releases the Fire District from any and all liabilities and claims arising or related to the removal of the Annexed Area from the Fire District. 3. Representatives Not Personally Liable: No elected or appointed official, agent, employee or representative of the City or Fire District shall be personally liable to the other party or to any third party in the event of any default or breach by any party under this Agreement, or for any amount which may become due to any party or on any obligation under the terms of this Agreement 4. Benefits: This Agreement is entered into for the benefit of the parties to this Agreement only, and shall confer no benefits, direct or implied, to any third persons. 5. Waiver: Failure by either party to strictly enforce any provision hereof or to declare a breach shall not constitute a waiver thereof, nor shall it waive said party's right to demand strict performance of that or any other provision of this Agreement at any time thereafter. 6. Severabilitv: Should any portion, clause, term, article or other provision of this Agreement be declared invalid, illegal, void or otherwise unenforceable by a court of competent jurisdiction, the validity of the remaining sections shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular clause or provision held to be invalid. It is the intention of the parties hereto that the provisions of this Agreement shall be enforced to the fixllest extend permissible under the laws and public policies of the State of Missouri, and that the unenforceability (or modification to conform with such laws or public policies) of any provision hereof shall not render unenforceable, or impair, the remainder of this Agreement. 7. Modifications: The terms, conditions, and provisions of this Agreement can be neither modified or eliminated except in writing and by mutual agreement between the City and the Fire District. Any modification to this agreement as approved shall be attached hereto and incorporated herein by reference. C:\Documents and Settings\LRUSICK\Local Settings\Temporary Internet Files\OLKIFB6\Fire District's Proposal Agrmnt (K0560475).doc 2 ~._, ,~ , , _ rr 8. Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. 9. Entire Agreement: The parties agree that this Agreement constitutes the entire agreement between the parties and that no other agreements or representations other than those contained in this Agreement have been made by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST: ouise Rusic t, City Clerk THE CITY OF RIVERSIDE, MISSOURI By. Kathleen L. Rose, Mayor SOUTHERN PLATTE FIRE PROTECTION DISTRICT By: Ne son Hopper, res' t Board of Directors Lz~ fj~'O C:\Documents and Settings\LRUSICK\Local Settings\Temporny Internet Files\OLKIFB6\Fire Districts Proposal Agrmmt (K0560475).doc 3 . rt.._, ~.