BILL NO. 3789 ORDINANCE NO. ____________
AN ORDINANCE APPROVING A WATER SERVICES AND FACILITIES AND ANNEXATION AGREEMENT BETWEEN QUENTIN ROMANS, JACLYN ROMANS, AND THE CITY OF WEST PLAINS, MISSOURI AND AUTHORIZING THE MAYOR TO ENTER INTO THE AGREEMENT.
WHEREAS, Quentin and Jaclyn Romans
desire to connect a water line and facility to the water system of the City of
West Plains; and,
WHEREAS, pursuant to Ordinance 3699, the City of West Plains is
authorized to enter into contracts to provide city services beyond the city
limits of West Plains; and,
WHEREAS, the safe and adequate provision of within close proximity of
the City of West Plains, is a continuing concern to the City of West Plains in
protecting the public health, safety and welfare of the residents of the City
of West Plains; and,
WHEREAS, it is to the mutual benefit of the parties hereto to enter
into the agreement.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF WEST PLAINS, MISSOURI, AS FOLLOWS:
Section 1.
The attached Water Services and Facilities and
Annexation Agreement between Quentin Romans, Jaclyn Romans, and the City of
West Plains is approved.
Section 2. Upon approval of this ordinance, the Water Services and
Facilities and Annexation Agreement between Quentin Romans, Jaclyn Romans, and
the City of West Plains shall be executed by the Mayor of the City and attested
by the City Clerk.
Section 3. This Ordinance shall be in full force and effect from and after
its passage and approval.
THIS
ORDINANCE SHALL BE EFFECTIVE IMMEDIATELY UPON ITS PASSAGE AND APPROVAL.
PASSED
AND APPROVED THIS _____ DAY OF ________________, ___.
CITY OF WEST PLAINS, MISSOURI
(CITY
SEAL) _________________________________
JOE PAUL (J.P.) EVANS, MAYOR
Attest:
UTILITY SERVICES AND
FACILITIES AND
ANNEXATION AGREEMENT
THIS
AGREEMENT is made and entered into this ____ day of ____________ , ____, by and
between Quentin Romans and Jaclyn Romans, husband and wife, referred to
collectively as Owner, and the CITY OF WEST PLAINS, Missouri, a municipal
corporation, referred to as West Plains or City.
WITNESSETH
WHEREAS,
Owner desires to connect a water line and facility to the water system of West
Plains; and,
WHEREAS,
pursuant to Ordinance 3699, West Plains is authorized to enter into contracts
to provide city services beyond the city limits of West Plains; and,
WHEREAS,
the provision of water safe for human consumption and the safe and adequate
disposal of waste water and sewage, within close proximity of West Plains, is a
continuing concern to West Plains in protecting the public health, safety and
welfare of the residents of the City of West Plains; and,
WHEREAS,
the Owner desires to annex to West Plains the property, as it becomes
contiguous to West Plains, more particularly described on attached Exhibit A, made a part of this
agreement (such property is referred to as “the property”); and,
WHEREAS,
it is to the mutual benefit of the parties to enter into the following
agreement; and
WHEREAS,
Owner acknowledges that, during the term of this Agreement, the property will
be subject to all ordinances, resolutions, and other regulations of West
Plains, as they may be amended from time to time.
NOW,
THEREFORE, IN CONSIDERATION OF THE ABOVE AND THE FOLLOWING COVENENTS, IT IS
AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
1) Owner agrees that the subject of this Agreement is the
provision of
water only and not sewage services
and any references in this Agreement to sewer lines or services shall be void.
2) Owner
agrees that all water lines and the connection to the City water systems,
collectively referred to herein as “Improvements”, are Owner’s responsibility
to design and construct.
3) Owner
agrees to convey all public water facilities, easements and appurtenances
covered by this Agreement to West Plains free and clear of all liens and
encumbrances or other obligations. Said
conveyance shall be by appropriate document, and shall be sufficient, in the
opinion of West Plains, to convey marketable title of record, as set forth in
Title Standard 4 of the Missouri Bar.
If requested by City, Owner shall provide a binder of title insurance
showing clear title of record.
4) Owner
shall be responsible for the maintenance of any private water line or
connection serving the subject property.
West Plains shall be solely responsible for the maintenance of any
public water facilities and all appurtenances, after the conveyance of same by
Owner.
5) Owner
agrees to design, engineer, and construct said Improvements in accordance with
the technical specifications for Public Improvement Projects, on file in the
Office of the City Engineer of West Plains.
6) Owner
agrees to provide, allow, and permit, West Plains, by and through its
Engineering Department or designee, to inspect, observe, and oversee the
construction of said water lines and appurtenances, in order to ascertain and
determine that said public improvement standards are in compliance.
7) Any
new or existing structures, facilities or users connected to the water line, or
system, shall pay to West Plains, a hook-up fee as outlined and provided for in
the City of West Plains Municipal Code, along with any amendments, changes or
modifications. Any new uses, facilities
or structures requesting connection to the water system must receive approval for connection to the line from the
City of West Plains and the Department of Natural Resources and pay a hook-up
fee, both as outlined in the City of West Plains Municipal Code, along with any
amendments, changes or modifications thereto.
Both West Plains and the Owner agree that lack of adequate line capacity
or treatment plant capacity or failure of the DNR to approve hook-up are
sufficient and adequate reasons for rejection of hook-up by the City of West
Plains. The DNR Permit shall be
provided to the City of West Plains prior to construction of any extensions.
8) The
user fee to be charged new or existing facilities, structures or other users of
the water line or system shall be adopted by West Plains for water users
(outside the city limits) as passed and adopted by the West Plains City Council
in the City of West Plains Municipal Code, along with any amendments, changes
or modifications thereto.
9) a) Owner agrees to petition West Plains for
voluntary annexation into the City limits of all property covered by this
Agreement as soon as the property becomes contiguous to the City limits or at
the first opportunity that annexation becomes possible. A copy of the petition for voluntary
annexation is attached as Exhibit B,
and the original petition for voluntary annexation shall be held in escrow
until the property becomes contiguous to the City limits or at the first
opportunity that annexation becomes possible.
For purposes of this provision, contiguous shall mean and include the
touching of any City property to any of Owner’s property, including touching at
a single point, or touching by virtue of a highway, railroad line, trail,
pipeline or other strip of real property.
At such time that the property becomes contiguous to the City limits or
at the first opportunity that annexation becomes possible, the petition for
voluntary annexation will be formally presented to the governing body for the
City of West Plains and the annexation process will begin.
b) Owner agrees to waive any rights which might
otherwise exist to file a written objection to the annexation. Should any objection to the annexation be
filed by the Owner, the City of West Plains shall have full authority to
discontinue water services to the entire property.
c) If Owner sells any parcel within the subject
property prior to its annexation into the City limits, Owner shall notify the
City of such pending sale, shall inform the prospective purchaser of the
requirements of this section, shall include in the sales contract adequate
provisions for requiring voluntary annexation in the future at the time the
parcel to be sold is contiguous to the City limits, and shall, at closing, provide
City with a Petition for Voluntary Annexation signed by the purchaser.
d) West Plains will not provide water to or
accept wastewater from any development located on property for which the Owner
has not provided to the City a signed Petition for Voluntary Annexation at the
time the property becomes contiguous (as defined herein) to the City limits or
at the first opportunity that annexation becomes possible.
10) This
Agreement remains in effect as long as the subject property remains in use.
11) Owner
agrees that no other property owners or developments will be allowed to connect
with the water lines covered by this Agreement without first entering into an
agreement with West Plains or annexing their property into the City limits and
paying a hook-up fee as outlined in the City of West Plains Municipal Code,
along with any amendments, changes or modifications thereto.
12) Owner
agrees to comply with all aspects of any landscaping ordinance in effect at the
time of approval of this Agreement.
Owner understands that compliance with a landscaping ordinance might
involve fees, charges and deposits.
Non-compliance with a landscaping ordinance is sufficient grounds for
termination of this Agreement by West Plains.
13) Owner
agrees all structures constructed on the subject property after the date of
this agreement will be in compliance with the latest version of the Building
Officials and Code Administrators International, Inc. (BOCA), including any and
all amendments, that has been adopted by the City of West Plains. No work is to be done until building plans
have been submitted and approved by all necessary city departments and all
necessary permits have been issued.
Owner understands that compliance with the BOCA Building Code involves
compliance with the following:
a) City might require certain plan submittals to be sealed by a
Missouri registered architect and/or engineer.
b) Project approval must be obtained from the City of West Plains.
c) Payment of Building Permit Fees (set by ordinance) must be made
upon issuance of the Permits.
d) Owner must allow and permit the City of West Plains, by and
through it’s Building Regulation Department, to inspect, observe, and oversee
the construction of all structures to ascertain and require compliance with BOCA
and City Code requirements.
e) Owner must notify the West Plains Building Regulation Department a
minimum of twenty-four (24) hours in advance of any required inspections. Owner will be provided with a list of
required inspections.
Non-compliance with the City of West
Plains Building Code requirements is sufficient grounds for termination of this
Agreement by the City of West Plains.
14) Owner
agrees to construct and operate all facilities on the subject property in
compliance with the latest adopted version of the West Plains Health Code. Owner agrees to provide, allow and permit,
the City of West Plains, by and through its Health Department, to inspect,
observe, and oversee the construction, installation and operation of all health
related facilities. Owner understands that compliance with the Health Code
requires periodic, unannounced inspections of the premises including
restaurants, food preparation and serving areas, pools and spas, lodging, or
any facility where the general public may congregate, and that failure to
comply with said regulations may result in closure of the affected facility
until such time as corrective actions are approved.
15) Owner
agrees to execute, promptly upon request of West Plains, any and all surveys
and other documents necessary to effect the annexation of the property and the
other provisions of this Agreement.
16) Owner
agrees not to sign any other petition for annexation of the property or any
petition for an annexation election relating to the property, except upon
request by West Plains.
17) Owner
agrees to provide, at owner’s expense, legal documents, surveys, engineering
work, newspaper publication, maps, and reports determined by West Plains to be
necessary to accomplish the annexation.
18) The
parties recognize that it is the intent and desire of Owner to develop the
property in a manner generally consistent with the zoning regulations of the
City. The property will be annexed as
unzoned, and will be zoned appropriately by the City in accordance with City’s
Land Use Plan. If specific zoning types
are requested by Owner, Owner shall provide an acceptable Land Use Plan to the
Planning and Zoning Department of the City of West Plains as part of the Zoning
Application. Said Land Use Plan shall,
at a minimum, provide acreage and square footage of each parcel or lot, the
planned use of each parcel or lot, and the requested zoning of each parcel or
lot.
19) Owner
agrees that the design, improvement, construction, development, and use of the
property shall be in conformance with, and that Owner shall comply with, all
City ordinances and resolutions including, without limitation, ordinances and
resolutions pertaining to subdivision, zoning, storm drainage, soil and
sediment control, land disturbance requirements, utilities, and flood
control.
20) Nothing
contained in this Agreement shall constitute or be interpreted as a repeal of
the City’s ordinances or resolutions, or as a waiver of the City’s legislative,
governmental, or police powers to promote and protect the health, safety, and
welfare of the City and its inhabitants; nor shall this Agreement prohibit the
enactment or increase by the City of any tax or fee.
21) In
the event the property or any portion is disconnected at Owner’s request, West
Plains shall have no obligation to serve the disconnected property or portion
and this Agreement shall be void and of no further force and effect as to such
property or portion.
22) NONSERVABILITY. In the event that any one or more of the
phrases, sentences, clauses, paragraphs or sections contained in this
Agreement, shall be declared invalid by the final and unappealed order, decree
or judgment of any court, this entire Agreement shall be invalidated, it being
expressly stipulated by the City that it would not have entered into this
agreement to provide water services unless each and every clause is in fact
valid and enforceable, and unless the provisions of this Agreement are legally
effective to cause the property described in Exhibit A to be annexed into the
City in accordance with this agreement’s terms.
23) The
parties represent that they will cooperate with one another in accomplishing
the terms, conditions, and provisions of the Agreement, and will execute such
additional documents as might be necessary to effectuate the same.
24) This
agreement may be amended by the City and any Owner without the consent of any
other Owner as long as such amendments shall be in writing, shall at the option
of either party be recorded in Howell County, Missouri, shall be covenants
running with the land, and shall be binding upon all persons or entities having
any interest in the property subject to the amendment unless otherwise
specified in the amendment. Except as
otherwise provided, this Agreement shall not be amended unless approved in
writing by all parties.
25) This
agreement embodies the entire agreement of the parties. There are no promises, terms, conditions, or
obligations other than those contained herein; and this Agreement supersedes
all previous communications, representations, or agreements, either verbal or
written, between the parties. This
Agreement can only be modified in writing, signed by both parties and approved
by West Plains with passage of an ordinance approving the modification,
addendum or amendment.
26) Owner
agrees to indemnify and hold harmless the City and the City’s officers,
employees, agents, and contractors, from and against all liability, claims,
causes of actions, and demands, including attorney’s fees and court costs,
which arise out of or are in any manner connected with this Agreement or its
operation, or with any other annexation or other action determined necessary or
desirable by the City in order to effectuate the annexation of the property, or
which are in any manner connected with West Plains’ enforcement of this
Agreement. Owner further agrees to
investigate, handle, respond to, and to provide defense for and defend against
or at the City’s option to pay the attorney’s fees and court costs, which arise
out of or are in any manner connected with this Agreement or its operation, or
with any other annexation or other action determined necessary or desirable by
the City in order to effectuate the annexation under this Agreement. Owner further agrees to investigate, handle,
respond to, and to provide defense for and defend against or at the City’s
option to pay the attorney’s fees for defense counsel of the City’s choice for
any such liability, claims, or demands.
27) As
used in this Agreement, the term Owner shall include any of the heirs,
transferees, successors, or assignees of Owner, and all such parties shall have
the right to enforce this Agreement, and shall be subject to the terms of this
Agreement, as if they were the original parties.
28) As
used in this Agreement, unless otherwise specifically provided, any reference
to any provision of any City ordinance, resolution, or policy is intended to
refer to any subsequent amendments or revisions and shall be binding upon
Owner.
29) This
Agreement shall be binding upon and inure to the benefit of the heirs,
transferees, successors, and assigns of the parties, and shall constitute
covenants running with the land. If
Owner, at its option, sells the subject property, without adequate guarantees
for the completion of the water lines, lifts station and force mains, upon
consummation of the sale of the property this Agreement is void.
30) At
the option of City, this Agreement shall be recorded with the Recorder of
Howell County, Missouri, at Owner’s expense.
31) Subject
to the conditions contained in this agreement, this Agreement may be enforced
in any court of competent jurisdiction.
32) This
Agreement shall be null and void if City fails to approve the annexation of the
property.
33) The
Owner acknowledges that the annexation and subsequent zoning of the property
are subject to the legislative discretion of the West Plains City Council. No assurances of annexation or zoning have
been made or relied upon by owner.
OWNERS
_____________________________
QUENTIN
ROMANS
_____________________________
JACLYN
ROMANS
CITY OF WEST
PLAINS, MISSOURI
(CITY SEAL) _____________________________
JOE PAUL (J.P.)
EVANS, MAYOR
Attest:
________________________________
CONNIE SHELTON,
CITY CLERK
ACKNOWLEDGMENT
STATE OF MISSOURI )
)ss
COUNTY OF HOWELL )
On
this ____ day of ____________, 2000, before me personally appeared Quentin
Romans and Jaclyn Romans, husband and wife, known to me to be the persons who
executed the within Agreement and acknowledged to me they executed the same for
the purposes therein stated.
SEAL
_____________________________
Notary Public
My
Commission Expires:
ACKNOWLEDGMENT
STATE OF MISSOURI )
)ss
COUNTY OF HOWELL )
On
this ____ day of ____________, 2000, before me personally appeared Joe Paul
(J.P.) Evans, Mayor, and Connie Shelton, City Clerk, known to me to be the
persons who executed the within Agreement in behalf of the City of West Plains,
and acknowledged to me they executed the same for the purposes therein stated.
SEAL
_____________________________
Notary Public
My
Commission Expires:
EXHIBIT A PROPERTY DESCRIPTION –
QUENTIN AND JACLYN ROMANS
A part of the N1/2 of the SW1/4 of Section 25, Township 24 North, Range 9 West described as follows: Commencing at the Northwest corner of the NE1/4 of the SW1/4 of said Section 25, thence North 0 degrees 34 minutes West 145.9 feet, thence North 74 degrees 12 minutes East along the South right of way line to Route K Highway 101.68 feet, thence South 0 degrees 34 minutes East 281.66 feet to the point of beginning, thence South 0 degrees 34 minutes East 294.42 feet, thence North 77 degrees 40 minutes West 282 feet, thence North 0 degrees 34 minutes West 219.1 feet, thence North 86 degrees 49 minutes 49 seconds East 275.31 feet to the point of beginning.