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Legislation #: 170333 Introduction Date: 5/4/2017
Type: Ordinance Effective Date: none
Sponsor: None
Title: Authorizing a Second Amendment to a Cooperative Agreement for Reciprocal Sewer Service between Kansas City, Missouri and Lee’s Summit, Missouri; authorizing the Director of Water Services to enter into and accept a Bill of Sale For Sewer Infrastructure and a Quit Claim Deed and Assignment of Sanitary Sewer Easements, Rights of Way and Infrastructure; and accepting the conveyances.

Legislation History
DateMinutesDescription
5/1/2017 Filed by the Clerk's office
5/4/2017 Referred to Transportation & Infrastructure Committee
5/18/2017 Advance and Do Pass, Debate
5/18/2017 Passed

View Attachments
FileTypeSizeDescription
170333.pdf Authenticated 124K Authenticated
TI 5-18-17 - Terry.pptx Advertise Notice 249K Presentation
boggs hollow 2nd amendment.pdf Agreement 530K Boggs Hollow 2nd Amendment Agreement
Boggs Hollow Amendment Agreements and Original.pdf Agreement 1010K Cooperative Agreement Amendments and Original
Boggs Hollow Cooperative Agreement Amendment 2 Fact Sheet.xls Fact Sheet 61K Boggs Hollow Second Amendment Fact Sheet
Boggs Hollow Cooperative Agreement Amendment 2 Fiscal Note.xls Fiscal Note 62K Boggs Hollow Second Amendment Fiscal Note

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ORDINANCE NO. 170333

 

Authorizing a Second Amendment to a Cooperative Agreement for Reciprocal Sewer Service between Kansas City, Missouri and Lee’s Summit, Missouri; authorizing the Director of Water Services to enter into and accept a Bill of Sale For Sewer Infrastructure and a Quit Claim Deed and Assignment of Sanitary Sewer Easements, Rights of Way and Infrastructure; and accepting the conveyances.

 

WHEREAS, Lee’s Summit owns and operates a sewer interceptor which it constructed within the Boggs Hollow Watershed in 1976 (“Boggs Hollow Interceptor”), and the Boggs Hollow Interceptor lies within the corporate limits of both Kansas City, Missouri (“KCMO”) and Lee’s Summit; and

 

WHEREAS, Lee’s Summit and KCMO entered into a Cooperative Agreement for Reciprocal Sewer Service on September 1, 1966 and amended that agreement on November 1, 1976; and

 

WHEREAS, Lee’s Summit and KCMO entered into a separate Cooperative Agreement for Reciprocal Sewer Service on February 19, 2004, pertaining to sewer services to the Boggs Hollow Watershed; and

 

WHEREAS, the Boggs Hollow Interceptor was constructed by Lee’s Summit in 1976 in two phases with federal funds and sized for the Boggs Hollow Watershed, which also lies within the corporate limits of both KCMO and Lee’s Summit, with one existing main connection in Lee’s Summit and five existing main connections in KCMO; and

 

WHEREAS, the Boggs Hollow Interceptor is connected to the 90-inch Little Blue Interceptor Sewer through a metering station on a 48-inch trunk sewer at Station 125+25 of Contract S-4 (“Boggs Hollow Metering Station”) within KCMO corporate limits, and the Boggs Hollow Metering Station is owned and maintained by the Little Blue Valley Sewer District (LBVSD); and

 

WHEREAS, the total charges for sewer service for flows from the Boggs Hollow Interceptor into the Little Blue Interceptor Sewer are being determined by the LBVSD and paid by Lee’s Summit, and KCMO is paying to Lee’s Summit for each customer within the Kansas City portion of the Boggs Hollow Watershed a monthly sewer service charge for an unmetered connection for non-resident users; and

 

WHEREAS, Lee’s Summit and KCMO desire to clarify their rights and responsibilities with respect to the Boggs Hollow Interceptor; and

 

WHEREAS; Lee’s Summit and KCMO desire to amend again the Cooperative Agreement for Reciprocal Sewer Service of 1966, as modified and amended in 1976 and 2004, in order to clarify and redefine their rights and responsibilities with respect to the Boggs Hollow Interceptor, to provide for the construction of a new metering station by Lee’s Summit, and to provide a basis by which KCMO will assume responsibility for paying LBVSD sewer charges for sewer flow through the Boggs Hollow Interceptor while receiving payment from Lee’s Summit for its share of the LBVSD charges attributable to Lee’s Summits flow, NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Director of Water Services is hereby authorized to execute, on behalf of Kansas City, a Second Amendment to the Cooperative Agreement for Reciprocal Sewer Service between Kansas City, Missouri and Lee’s Summit, Missouri, a copy of the amendment is on file in the office of the Director of Water Services.

 

Section 2. That the Director of Water Services is hereby authorized to enter into and accept the Bill of Sale For Sewer Infrastructure executed by Lee’s Summit, a copy of which is on file in the office of the Director of Water Services.

 

Section 3. That the Director of Water Services is hereby authorized to enter into and accept the Quit Claim Deed and Assignment of Sanitary Sewer Easements, Rights of Way and Infrastructure executed by Lee’s Summit, a copy of which is on file in the office of the Director of Water Services.

 

Section 4. That any property rights conveyed by Lee’s Summit to KCMO as described in the Second Amendment to a Cooperative Agreement for Reciprocal Sewer Service, Bill of Sale For Sewer Infrastructure, and Quit Claim Deed and Assignment of Sanitary Sewer Easements, Rights of Way and Infrastructure are hereby accepted by KCMO.

 

_______________________________________________

 

Approved as to form and legality:

 

________________________________

Charlotte Ferns

Assistant City Attorney