HomeMy WebLinkAbout1965-343-01 - Cooperative Agreement for Reciprocal Sewer Service with Kansas CityBILL N0 . ..~!`~~ -~
ORDINANCE N0.-
AN ORDINANCE AUTHORIZING AND DIRECTING THE EXECUis
TION OF A COOPERATIVE AGREEMENT FOR RECIPROCAL SEYJER
SERVICE YVITH THE CITY OF KANSAS CITY, MISSOURI
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY
OF RIVERSIDE, MISSOURI, AS FOLLOWS:
SECTION 1. It is deemed t® be to the best int~r-
ests of the citizens of the City of Riverside that an
agreement be entered into between the City and the City
®f Kansas City for coeperati®n in the c®astruetiex and
maintenance of sewerage facilities to be a®nstructed in
the future by either city a~~ithin the limits of the City
of Riverside.
SECTION 2. The Mayer is hereby authorized is
execute and ackmewledge on bekalf of the City a aex-
tract with the City of Kansas City, wlaioh contract
shall be in words and figures as set forth in "Exhibit
A" attached hereto and made a part hereof by referenee.
SECTION 3. The City Clerk is directed t® attest
the signature of the Mayor and affix the c®rperate seal
cf the City t® said contract.
.,1a ~
passed this nth day of un , 1965
C ~ ~
'~ May®r
Attest;
L ~ ~9
r~ i LL J~-i !~-•~... L-I~C.~-
C ty Clerk
Aprrered this -}~~#~i day of xi~,i965
f ~ /,
a
Y
COOPERATIVE AGREEMENT
FOR RECIPROCAL SEWER SERVICE
THIS AGREEMENT OF COOPERATION, made and entered into by and between
KANSAS CITY, a Municipal Corporation of the State of Missouri, hereafter
called "City," and RIVERSIDE, MISSOURI, a City of the Fourth Class,
hereafter called "Riverside,"
WITNESSETH: That
WHEREAS, Riverside is bounded on the North and East by City and certain
areas of City drain into watercourses, which continue through Riverside to
the Missouri River, and
WHEREAS, City and Riverside now desire to make the following cooperative
agreement 'which will implement, to the maximum extent practicable, the
joint use of their existing sewerage systems, and any sewerage facilities
to be constructed in the future, NOW, THEREFORE,
CITY AND RIVERSIDE AGREE AS FOLLOWS:
1. City and Riverside will each operate and maintain their own respective
sewerage systems, which now exist or which in the future will be constructed
by either City in water courses common to the two cities, according to
standard engineering practices and in doing so, each will effectively
police and control their respective sanitary sewerage systems so as to
preclude the entrance of storm waters therein, and will effectively police
and control the discharge of industrial wastes therein, consistent with the
provisions of Chapter 68 of the Revised Ordinances of Kansas City, Missouri,
1956, as amended, applicable thereto, or as said Chapter may be amended
from time to time, so far as practicable in carrying out this cooperative
agreement, If the said Chapter 68 is amended from and after the effective
date of this Agreement, City will promptly notify Riverside of such changes
or modifications, and Riverside agrees that it will enforce, so far as
practicable, said Chapter 68, or any amendments or modifications thereto,
and said Chapter 68 is incorporated herein by reference as if fully set
forth, but shall adhere to the effective policing and controlling of the
provisions of Sections 68.070, 68.080, 68.090 and 68,100 or as the same
may be amended or modified from time to time hereafter. ,
2. In constructing sewers, either public or special assessment, or
treatment works, to serve water courses or drainage areas common to both
City and Riverside, each party hereto will provide adequate capacity for
the reception at or within the corporate limits of the other city, the
sanitary sewage from the other city. Such sewerage improvements and
existing sewerage system shall thereafter be available for connection to
and receipt of sewage wastes from the sewerage system of the other city.
Future connection to the two systems or additions thereto shall be accom-
plished by the contributing city at its own expense,
3. Each city shall have the continuing right to discharge sanitary
sewage and wastes originating in a water course common to both cities
to the existing sewer system of the other city, or additions thereto,
provided, however, that the receiving city shall have the right to
terminate this Agreement upon sixty (60) days' written notice in the
event that:
(a) The contributing city fails to observe and enforce the
restrictions contained in Paragraph 1 hereof, provided,
however, that the contributing city may avoid termination
by correcting such failures with the 60-day period above
provided;
(b) The contributing city fails to pay the compensation provided
in Paragraph 5 hereof with a reasonable time,
4. In further consideration of this Agreement, Riverside will pay to
City a charge fog sewage treatment:
(a) For each one and two family residential sewer connection,
a charge of $1.35 per month; said amount being the
estimated monthly average residential sewer service charge
now collected in City. If through revisions of City's
ordinance, residential water or sewer service charges
are increased, said charge of $1,35 shall on the first
day of the month following the effective date of such
revised ordinance, be increased to the new estimated
monthly average residential sewer service charge resulting
from the revised sewer service charge in City,
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(b) For each multiple family dwelling and for each commercial
and industrial establishments, a sewer service charge equal
to the sewer service charge established by Ordinance of
Kansas City, Missouri, No. 25762, passed December 30, 1960,
(the same being incorporated herein by reference) or as
same may be revised in the future, and by U'rdinance No. 20068
of Kansas City, Missouri, passed April 27, 1956, (the same
being incorporated herein by reference) as same now exists
or may be amended in the future, For wastes from such
commercial and industrial establish m ents containing suspended
solids in excess of 400 parts per million by weight or 5-day
20° C. bio-chemical oxygen demaixl(BOD) in excess of 300
parts per million by weight, there shall be added to this
charge a surcharge equal to the charge defined in Chapter 68,
of the Revised Ordinances of City, as same now exist or may
hereafter be amended. If the surcharge for extra strength
industrial wastes as now provided by Chapter 68 of Kansas
City shall be revised, such new rates of charge for excess
suspended solids and bio-chemical oxygen demand shall super-
Bede the charges established in this paragraph, said new
charge to be effective for customers in Riverside the first
day of the month following the effective date of the revised
ordinance of City, City shall have responsibility to
determine the amount,of surcharge outlined above, subject
to review and cheek by Riverside, Riverside hereby grants
to City the right and privilege to make inspection and
measurements as necessary to determine the surcharge stipulated
in this section,
It is the intent of this section that for each customer
in Riverside to which the Kansas City sewer system is avail-
able for connection, either directly or through the sewer
system of Riverside, Riverside shall pay to City the same
charges that would be collected if said customers were inside
City and subject to City's sewer service charges, as such
` charges now exist or in t~:e future may be revised,
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5. Payment for sewer service as outlined herein shall be made quarterly
by Riverside to City, and shall be due on or before the 15th day of each
Janua;°y, April, July and October as long as this Agreement remains in
effect, On or before the 15th day of each December, March, June and
September, Riverside will advise City of the number, addresses and owners
of new residential sewer connections receiving sewage treatment through
the sewerage system of City, and of any commercial or industrial establish-
ments connected to or disconnected from the sewerage system of City during
the preceding three months.
6. As soon as funds permit, City will construct its Line Creek sewer
from a point near the railroad tracks generally paralleling the Missouri
River in Sec, 9, generally northward along Line Creek to and beyond the
Riverside corporate limits, a sewage pumping station at or near the lower
terminus of the Line Creek sewer, and a sewage force main extending
generally eastward adjacent to but outside the right-of-way of proposed
State Route 9, said force main to discharge to the existing sewer system
of City in Clay County, It is the expressed 'intent of City to have these
works under actual construction by January 1966 or earlier if possible,
As funds are available, City will also construct its East Creek sewer from
the junction of East Creek and Line Creek northeasterly to and beyond the
corporate boundary of Riverside, but City at this time can not establish
a firm schedule for the construction of its East Creek sewer, The location
of the Line Creek sewer, East Creek sewer, Line Creels Pumping Station, and
Line Creek Force Main shall be generally as shown on the attached exhibit
~~1, which by reference is made a part of this Agreement,
As these works and any additional sewers are constructed by City
within the corporate limits of Riverside, such sewers shall be available
for use by Riverside under the terms of. this Agreement.
7. Promptly upon being provided the necessary legal descriptions by
City, Riverside will obtair. for City at no cost to City and on City~s
standard form, the necessary permanent easements and temporary construction
easements required for any construction within Riverside proposed to be
undertaken by City pursuant to this Agreement. For the construction
illustrated on the attached exhibit ~~1, Riverside will obtain and deliver
to City, within 60 days after the legal descriptions are provided by City,
all permanent and temporary easements as necessary to permit the construction
to proceed; provided however, that if condemnation within Riverside is
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if they desire, have access to all books and records of the parties and
shall have the right to .examine all their accounts, books and papers
relating to this Agreement, and to hear evidence and witnesses and make
any accounting necessary and to do all things fully and completely to
enable them to make a fair and full settlement of all matters in arbitration,
Ldhen the said board of arbitration has passed upon matters in dispute
between the parties properly coming before it as herein provided, it
shall notify each party in writing of its decisionz and its decision shall
be final and binding upon the parties. Each party shall bear the expense,
if any, of its selected board member, and the parties shall share equally
the expense, if any of the third member, provided that provisions for
arbitration as outlined in Chapter 435, R,S,Mo. 1959, as amended, shall
be applicable,
10, The Director of Pollution ConL-rol, or such officer at the time
performing duties equivalent to that of Director of Pollution Control,
shall be the administrative officer for Kansas City under this Agreement,
and shall have the power and duty to select the arbitrator on behalf of
City under the terms of Paragraph 9 above, The Mayor of Riverside shall be
the administrative officer for Riverside respecting this Agreement, and
shall have the power and duty to select the arbitrator on behalf of Riverside
under the terms of Paragraph 9 above, Any notice required by this Agreement
shall be deemed to be well given when delivered to such officers respectively.
11. The effective date of this Cooperative Agreement shall be the first
day of the month following approval by the City Councils of City and
Riverside and shall remain in full force and effect until otherwise altered,
notified or amended by the parties hereto by appropriate action of their
respective governing bodies,
IN WITATESS WHEREOF, this Cooperative Agreement for Reciprocal
Sewer Service has been executed by the respective officers of the parties
authorized so to do.
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ti
KANSAS CITY, a Municipal
ATTEST: Corporation of Missouri
. ~ ~,~
By
City C rk 'Director ~ lut' n Contro
Appr~ovned as to form and legality:
Assistant City Counselor
RIVERSIDE, MISSOURI, City of: the
Fourth Class
ATTEST:
,~~~ ~~~
City Clerk
Approved as to form and legality;
City Counselor
STATE OF MISSOURI)
SS
COUNTY OF JACKSON)
By ~~'~~=2~~~~
ayor /~
On this _~day of ~' , 1965, before me appeared Glen J.
Hopkins, to me personally known, who being by me duly sworn did say that
he is the Director of Pollution Control of Kansas City, a municipal corporation,
and that the seal affixed to the foregoing instrument is the corporate seal
of said corporation, Kansas City, by authority of its Common Council as
evidenced by Ordinance / ~ 3 ~ passed as i9Gs, and said
Glen J. Hopkins acknowledged said instrument to be the free act and deed
of said corporation, Kansas City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
notarial seal at my office in Kansas City, the day and year first above
written.
My Commission expires:
~~% C~mMiesjan Expires Aug 31., 19b
.rte ~ ~ ~Eol-QP.~o~2_-Q~-~ l
Notary Public in and for said County
and State.
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