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Home My WebLink About2002-103 - First Amendment to the Cooperation Agreement with the City of Kansas CityBi11 No. 2002-103 Ordinance No. 2002-103 AN ORDINANCE AUTHORIZING AND APPROVING THE FIRST AMENDMENT TO THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF KANSAS CITY, MISSOURI, AND RIVERSIDE, MISSOURI REGARDING THE TRANSFER AND OPERATION OF RIVERSIDE'S WASTEWATER COLLECTION SYSTEM WHEREAS, the City and the city of Kansas City, Missow-i entered into a COOPERATIVE AGREEMENT for the transfer and operation of Riverside's wastewater collection system by Ordinance No. 98-3 dated January 6, 1998, WHEREAS, the City and the city of Kansas City, Missouri desire to further amend the cooperative agreement BE IT ORDAINEDBY THE BOARD OF ALDERMEN FOR THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: SECTION 1. The execution and delivery of the agreement, in substantially the form attached as Exhibit A with such changes, additions and deletions as may be approved by the officer executing such document, such execution being conclusive proof of such approval, the performance of City obligations under the agreement and the executions and delivery of all documents and the performance of al] actions related thereto are approved. The Mayor and City Clerk are authorized to execute such documents and take such actions as are necessary or desirable to effectuate the intent of this Ordinance. SECTION ?. This Ordinance shall be in full force and effect from after its passage and approval. PASSED AND APPROVED THIS 27°i DAY OF AUGUST, 2002. Mayor A E C' Clerk FIRST AMENDMENT TO COOPERATIVE AGREEMENT BETWEEN THE CITY OF KANSAS CITY, MISSOURI, AND RIVERSIDE, MISSOURI FOR TRANSFER AND OPERATION OF RIVERSIDE'S WASTEWATER COLLECTION SYSTEM This FIRST AMENDMENT TO COOPERATNE AGREEMENT, made and entered into this %i: ''day of ,r ~-~.. 2002, by and between the CITY OF RNERSIDE, MISSOURI, a City of the Fourth Class organized and existing under the laws of the State of Missouri, hereinafter referred to as "Riverside", and KANSAS CITY, MISSOURI, a municipal corporation of the State of Missouri, hereinafter referred to as "KCMO", WITNESSETH: WHEREAS, on February 17, 1998, the parties entered into COOPERATNE AGREEMENT FOR THE TRANSFER AND OPERATION OF RNERSDIE'S WASTEWATER COLLECTION SYSTEM BETWEEN THE CITY OF KANSAS CITY MISSOURI, AND RNERSIDE, MISSOURI, in order to allow KCMO to take ownership and control of all public sewer lines larger than eight (8) inches then owned by Riverside, Missouri( the COOPERATNE AGREEMENT); and WHEREAS, the COOPERATNE AGREEMENT, at Article N, Section P., provides that it maybe altered or amended during its term by the parties through appropriate action of their respective governing bodies; and WHEREAS, the COOPERATNE AGREEMENT, established service and volume charges rates until the end of calendar year 2002, and WHEREAS, it has become mutually desirable and beneficial to amend certain terms and provisions of the COOPERATNE AGREEMENT to establish base fixed rates for an additional five years; WHEREAS, it has become mutually desirable and beneficial to amend certain terms and provisions of the COOPERATNE AGREEMENT, to allow KCMG to have the ability to inspect and surcharge commercial food establishment that is contributor to the Riverside sewer collection system. NOW THEREFORE, for and in consideration of the mutual covenants, agreements and conditions contained herein, the parties hereby agree, effective June 1, 2002, as follows: Section 1. Sections Amended. Article III, Section B.1.(a,b) is hereby amended to by deleting the language therein and inserting the following new paragraph to read as follows: (a) A monthly service charge to defray in part the cost of making available facilities and works now or in the future necessary for wastewater treatment and rendering bills for service, regardless of whether or not any sewage or wastes are actually discharged to the KCMG sewer during the billing period. The monthly service charge per water meter shall be: ~ b ~ 1tL1v1u can charge for extra streneth wastes from commercial or industrial P ~ . 1~ Calendaz Yeaz 2002 2003 2004 2005 2006 2007 Monthly Service Charge $4.86 $5.15 $5.45 $5.75 $6.15 $6.50 (b) A volume charge based upon the total volume of water (hundreds of cubic feet {CCF}) purchased by the customer during the billing period: Calendaz Yeaz 2002 2003 2004 2005 2006 2007 Volume Charge (per CCF) $1.49 $1.58 $1.67 $1.77 $1.87 $1.98 Article III, Section B.3 is hereby amended to by deleting the language therein and inserting the following new paragraph to read as follows: 3. Food Establishments (a) KCMG will perform inspections, sampling and permitting of Riverside food establishments in the same manner and upon the same basis as food establishments within KCMG are inspected, sampled and permitted. (b) KCMG can charge for extra strength wastes from commercial or industrial establishments, including food establishments, containing suspended solids (SS) in excess of 250 milligrams per liter (mg/1) or 5-day 20°C biochemical oxygen demand (BOD) in excess of 250 mg/1 or Oil & Grease (O&G) in excess of 30 mg/1, there shall be added to these charges a surchazge equal to the charge defined in Chapter 60 Article N of the Code of the Ordinances of Kansas City, Missouri, as same now exists or as may be revised. As of May 1, 2002 these charges were $0.150 per pound of BOD, $0.092 per pound of SS, and $0.052 per pound of O&G. Section 2. Sections Added. Article N is amended by adding the following paragraph S to read as follows: S. Samplin¢ manholes (a) Riverside will require that any new or substantially remodeled industrial or commercial business to install a standazd 4-foot diameter manhole on the building sanitary service line using the same requirements as KCMG. Riverside may make exceptions to this when Riverside determines that installing a sampling manhole is not practical. In no event will Riverside use a standard less stringent than the KCMO standard for determining when a sampling manhole is required. (c) When KCMG can show that either the strength of the waste is extra strength or there is a potential for waste to cause sewer damage or blockage public sewer system from any commercial or industrial business, Riverside will then require the commercial or industrial business to install a sampling manhole at their expense to allow for testing by KCMG. Article N is amended by adding the following paragraph T to read as follows: T. KCMO Rights of Claim for Sewer Blockage When KCMG can identify a customer that has caused a blockage of or damage to the public sanitary sewer collection system, KCMG shall have the right to pursue recovery against that customer for the cost of removing the blockage, repairing the damage and for paying claims to third parties arising from the blockage or damage. Article IV is amended by adding the following paragraph U to read as follows: U. Watershed Master Plan KCMO and Riverside agree to discuss and share information in development of sanitary sewer master planning for the watershed within the area protected by the L-385 levee to the greatest extent possible and practical.. IN WITNESS WHEREOF,the parties hereto, acting under authority of their respective governing bodies,have caused this FIRST AMENDMENT AGREEMENT to be duly executed on the date and year first above written. THE CITY OF RIVERSIDE, MISSO nURI ATTEST: By: 'JAS.. Betty Burch Mayor C' Clerk [SEAL] APPROVED AS TO FORM: KANSAS CITY,MISSOURI Cit^ttorhey ?V?Water C. G erorServices Department ATTEST: City Clerk [SEAL] APPROVED AAS'TOOOFFORM: Dennis Lee Assistant City Attorney IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective governing bodies, have caused this FIRST AMENDMENT AGREEMENT to be duly executed on the date and year first above written. ATTEST: - i ,. l City"Clerk [SEAL] APPROVED AS TO FORM: -~ d y ~\ r ~ City A't~orney ATTEST: City Clerk [SEAL] APPROVED AS TO FORA: ~/ ~ ~-, Dennis Lee Assistant City Attorney THE CITY OF RIVERSIDE, MISSOURI By: ~.~., I~~~.,~.k Betty Burch Mayor KANSAS CITY, MISSOURI By ? i Gurnie C. Gunter Director Water Services Department ORDINANCE NO. 021.157 Authorizing an Amendment 1 to a Cooperative Agreement for Sewer Service between Kansas City and Riverside, Missouri, and directing the City Clerk to record same. WHEREAS, the City Council passed Ordinance No. 971790 in February 1998 authorizing a Cooperative Agreement between Kansas City, Missouri and Riverside, Missouri for a term of twenty (20) years; and WHEREAS, Kansas City, Missouri and Riverside, Missouri have an interest in modifications to this Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCII, OF KANSAS CITY: Section 1. That the Director of Water Services is hereby authorized to execute, on behalf of Kansas City, an Amendment 1 to the Cooperative Agreement for Sewer Services between Kansas City and Riverside, Missouri establishing sewer rates for each year beginning 2003 and extending through 2007. A copy of the Amendment is on file in the office of the Director of Water Services. Section 2. That upon the effective date of said Amendment, the City Clerk is directed to cause a copy of this Ordinance and of the Amendment to be recorded in the Office of the Recorder ofDeeds ofPlatte County, Missouri, and with the Secretary of State ofMissouri, in accordance with Section 70.300, RSMo (1994). Approved as to form and legality: ~~~Q Assistant City Attorney Authenticated as Passed; ..,.._,, ~~ ~' KAY ES, Mayor ,~ j '~ ~~ ~ ~~ ~-~_ Catherine T. Roche, City Clerk -» ~ - .pCT 1 ~:. DATE.PASSEQ