ORDINANCE NO. 210479
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Authorizing a First Amendment to the Inter-Jurisdictional Agreement between the City of Kansas City, Missouri and the City of Liberty, Missouri.
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WHEREAS, the City of Liberty, Missouri (Liberty) and City of Kansas City, Missouri (City) entered into a Cooperative Agreement for Sewer Service on November 15, 2019 (“Agreement”) that addressed issues including but not limited to: (1) ownership or use of the Little Shoal Creek Interceptor Extension, the South Liberty Line and their appurtenances, (2) fair compensation and terms for the sale/purchase/use of these assets, and (3) the rights, obligations and terms for future sewer services or connections to either party’s sewer system or facilities; and
WHEREAS, City is currently constructing a new sanitary sewer to provide services to the area, but requires facilities to maintain continuous operation of its system until the project is complete; and
WHEREAS, Pursuant to the Agreement, City has used certain sewer lines (Segment 2) owned by Liberty. At this time, however, Segment 2 needs significant and costly repairs to remain in operation. City has determined that temporarily connecting to the Liberty interceptor sewer constructed as part of the Liberty Treatment Plant in lieu of making needed repairs to Segment 2 is in its best interests; and
WHEREAS, though the Agreement authorizes emergency treatment services to KCMO upon failure of Segment 2, it is in the City’s best interests to receive temporary non-emergency treatment services through the connection at the Liberty interceptor sewer; and
WHEREAS, the Parties now desire to amend the Agreement to address future services, KCMO’s disconnection from Segment 2, and provision of temporary non-emergency treatment services to KCMO; and
WHEREAS, it has become mutually desirable and beneficial to amend certain terms and provisions of the Agreement; 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 First Amendment to the Inter-Jurisdictional Agreement for Sewer Service Between the City of Kansas City, Missouri and the City of Liberty Missouri. A copy of the amendment is on file in the office of the Director of Water Services.
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Approved as to form and legality:
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Charlotte Ferns
Assistant City Attorney