Or ., ORDER OF THE CHRISTIAN COUNTY COMMISSION OZARK, MISSOURI DATE ISSUED: June 25, 2012 SUBJECT: Distribution of Sales Tax Revenue WHEREAS, in November, 1996, the voters of Christian County approved a counfywide general sales tax of one-half (1/2) of one percent (1%) pursuant to MO. REV. STAT. § 67.505 and said revenues are to be deposited into the County's general revenue fund; and WHEREAS, on April 1, 1997, the voters of Christian County approved a countywide sales tax of one-half (1/2) of ore percent (1%) for the purpose of funding road and bridge improvements, maintenance and operations; and WHEREAS, the Missouri State Auditor's audits of Christian County criticized the County Commission's prior practice of making annual distributions of general sales tax revenues to the Cities and special road districts, as well as the disbursement of sales taxes earmarked for road and bridge purposes to said Cities in Christian County and special road districts without an intergovernmental agreement pursuant to MO. REV. STAT. § 70.220.1 which specified the use of the taxes was to be used for road and bridge purposes. NOW, THEREFORE, BE IT ORDERED BY THE COUNTY COMMISSION OF CHRISTIAN COUNTY, MISSOURI AS FOLLOWS: (A) The County Commission of Christian County, Missouri directs the County Treasurer to deposit into the County's General Revenue Fund all the sales tax revenue received from the Director of Revenue pursuant to the countywide general sales tax of one-half (1/2) of one percent +(1%) adopted by the voters in 1996 and collected pursuant to section 67.505, RSMo. (B) The County Commission further directs the County Treasurer, pursuant to section 54.140 RSMo., to establish a separate account denominated as the "Road and Bridge Sales Tax Fund"sand deposit all sales tax revenue generated by the countywide one-half (1/2) cent sales tax earmarked for road and bridge improvements, maintenance and operations into said special account, said sales tax being adopted by the voters in 1997 and collected pursuant to section 67.547,RSMo. VN (C) Effective upon entry of this Order, twenty percent (20%) of the one-half (1/2) cent general sales tax revenue and all the sales tax revenue generated by the county-wide one-half (1/2) cent sales tax earmarked for road and bridge improvements, maintenance and operations shall be distributed on a monthly basis to Common Road 1, Common Road 2, the special road distribts and the cities in Christian County listed below in the percentages assigned to each entity: ROAD DISTRICTS Common Road #1 30.98% Common Road # 2 30.39% Billings Special 10.77% Garrison Special 2.22% Ozark Special 8.70% Selmore Special 3.44% S. Sparta Special 1.05% Stoneshire Special .61% CITIES Billings · 1.19% Clever .71% Fremont Hills .36% Nixa 4.40% Ozark 4.65% Sparta .53% The foregoing distribution formula for the one-half (1/2) cent general revenue sales taxes and the one-half (1/2) cent road and bridge sales tax revenues· shall continue until the County Commission establishes its 2013 budget in January, 2013, or the County Commission votes to change the funding allocations, whichever come first, whereupon the allocation of sales tax funds to be used for road and bridge improvements or maintenance for Common Road 1, Common Road 2, the special road districts and cities in Christian County shall be determined by a majority vote of members of the Christian County Commission reflected in the minutes of the County Commission maintained by the County Clerk. (D) Any distribution of sales tax revenues by the County Commission to a special road district or City in Christian County shall be accompanied by an intergovernmental agreement executed by the County Commissjon and each political subdivision that is a recipient of sales tax funds pursuant to Mo. Rev. STAT. §§ 70.210 through 70.320 Said Agreement shall describe the specific road or bridge improvement, maintenance or operations the funds will be expended upon and require a quarterly accounting by the recipient to the County Auditor, supported by receipts, documentation and bank statements, sufficient to verify the tax proceeds were expended exclusively for such purpose(s). 1 THIS ORDER shall be in full force and effect beginning the date it is executed by the County Commission. Done this 25th day of June, 2012. CHRISTIAN COUNTY COMMISSION Lou Lapaglia Date Presiding Commissioner 6 ZED 90»* 'Ub 4-2-9 -20* Bill Barnett 0 Date Commissioner: VsFt District ...A l60 6-25-fA L T@'A Huff - ty Date Commissioner, Eastern District ATTEST: Kay Brdwn County Clerk 23365-000\484340.7.doc L f.,Ii, 2/ 2 + 1 f•·: INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT ("IGA"), made and entered into this l 9 day of . , 2012, by and between the CHRISTIAN COUNTY, MISSOURI, a second class countfof the State of Missouri, acting by and through its County Commission (hereinafter referred to as "County") and the CITY oF CLEVER, a municipal corporation of the State of Missouri (hereinafter referred to as "City"), for the purpose of promoting the improvement and maintenance of the County's network of roads. WITNESSETH: WHEREAS, Article VI, Section 16 of the Missouri Constitution and Missouri Revised Statute Section 70.220, authorize any municipality, special road district, or county to _contract and cooperate with other political subdivisions of this state for the planning, development, construction, Equisition or ®eration of any public improvement or facility or common service and this IGA represents an excellent opportunity for the County and the City to work cooperatively for the common good of improving the network of roads in Christian County to facilitate economic activity, public safety, emergency response and the quality of life of their citizens; and WHEREAS, it would be to the benefit of cities and special road districts in Christian County for the County to distribute a portion of the County's general revenue sales taxes and the countywide sales tax earmarked for road and bridge improvements and maintenance in accordance with the funding formula set forth in the County Commission's Order of June 25, 2012; and WHEREAS, the City has agreed that it will utilize the sales tax revenues distributed to it by the County for the exclusive purpose of constructing and maintaining those roads and bridges within its jurisdiction. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, the County and the City agree as follows: 1. The County agrees to distribute to_the City, on a monthly basis, a portion of the countywide general sales tax adopted in 1996 and the countywide sales tax earmarked for road and bridge improvements, maintenance, and operations adopted in 1997 that the County receives, in accordance with the percentage attributable to said City as described in the County Commission's Order dated June 25, 2012, a copy of which is attached hereto as Exhibit A and incorporated herein. r 2. Term. This Agreement shall commence on the date of execution by authorized officials for the County and the City and will continue in effect until the County Commission establishes its 2013 budget in January of 2013. * JA L 4. 3. Use of Countv Revenue. The City agrees to expend all sales tax revenues received from the County pursuant to this Agreement exclusively for the costs of labor and materials expended on the construction or maintenance of roads and/or bridges in the City's jurisdiction. 4. Indemnification. To the extent allowed or imposed by law, the City shall defend, indemnify and hold harmless the County, including its elected officials and employees from and any claim, liabilities, damages, causes of action, judgments, costs and expenses, whether based on claim for damages to real or personal property or to a person for any matter relating to or arising out of the City's wrongful or negligence performance of its obligations under this Agreement. In no event shall the language of this Agreement constitute or be construed 1 - 8-s a waiver or_ limitation of either party's rights or defenses with regard to each party's applicable- sbv@mign, governmental or official immunities and protections as provided by federal and states constitutional law. 5. General Independent Contractor Clause. The County and the City who are parties to this Agreement are each separate and independent political subdivisions of the state and, as such, the County and the City each retain their own identity and each is responsible for its own policies and activities. This Agreement shall not be construed as creating a joint venture between the County or the City. 6. Accounting and Access to Records. The City shall provide written documentation to the County identifying the specific roads or bridges county sales taxes received pursuant to this Agreement were expended upon and shall maintain all records relating to the receipts and expenditures of County sales taxes by the City pursuant to this Agreement, including, but not limited to, invoices, receipts, payrolls, bank statements, contract documentation and other records, sufficient to verify the County sales tax proceeds were expended by the City exclusively for road and bridge improvements, maintenance, or operations within the City's jurisdiction. The road and/or -.- bridge project descriptions and accounting records shall be supplied to the County Auditor, at no charge, on a quarterly basis during the period of this Agreement. The first report shall be due October 1, 2012. The City shall also provide the County Auditor any other financial records or documentation as she deems necessary to verify that the funds disbursed by the County to the City have been spent exclusively for road and bridge improvements or maintenance. 7. Miscellaneous. a. The City agrees to pass such ordinances as may be necessary to implement the terms and conditions of this IGA. b. This Agreement sets forth the entire agreement between the parties and fully supersedes any and all prior and/or other contemporaneous agreements or understandings between the parties which pertain to the subject matter hereof. c. This Agreement may only be modified by a written instrument executed by the parties hereto. d. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. 8. Notices. All notices, demands, and approvals required under this Agreement may be personally delivered or sent by certified mail, postage prepaid, return receipt requested, addressed to the individuals identified in the heading of this IGA, or to their successors, at the addresses listed below: r I 1 1 Christian County Commission ATTENTION: Lou Lapaglia, Presiding Commissioner Christian County Commission 100 W. Church Street, Room 100 Ozark, MO 65721 Telephone: (417) 581-2112 Facsimile: (417) 581-8331 Email: christiancountvcommissionachristiancountvmo.ora City of Clever, Missouri ATTENTION: -3kredd Kkn, VY\Ay Of 90 & O% 52 C.led ec .a O 65G3 I H th- 193 -3 544 Offre 9 1-1- 193 - 00 a 5 90·E vnow o €) d euerwo. covn . I 1 f 44 IN WITNESS WHEREOF, Christian County, Missouri, acting through its County Commission, and the City of Clever have caused this IGA to be duly executed by their proper officers, duly authorized by their respective Commission or Board, as of the day and year first written above, and hereby further agree that this IGA shall be binding upon the parties hereto, their respective representatives, successors and assigns. CHRISTIAN COUNTY, MISSOURI, CITY OF CLEVER, MISSOURI BY AND THROUGH ITS a Municipal Corporation of the State of CHRISTIAN COUNTY COMMISSION Missouri 19\20 By//7 - 10*CapagliaJI}tesng Commissioner /59664 6 546 sy. d 0£a2-- 9 0 80 K 52. << v Address: 1€Hdff, Eastern Commissioner C QJ«- , MO 65721 9,.2 #,L -1--'#Mot Br. D UP P aAAUU af 2 -4711 Bill Barnett, Western Commissioner ATTEST: Address: 100 W. Church Street, Room 100 Ozark, MO 65721 69 4 64 ; NAAXk.Ar City ClerR COUNTY CLERK: Kay Brd(Nn k -- APPROVED AS TO FORM: - 4=-- h.--- ¥,-- - -+--- i. By:j aL WQ.0\ 68 3 ty t51 W Housley, Cdunty Counselor Es 23385-000\489677.2.doc INTERGDVEENMENTAL AGREEMENT THISgpiTERGOVERNMENTAL AGREEMENT ¢'IOA"), made and cntcrcd intothis./4 dayof 4,9,154, ,2012,byandbetwcenCHRISTIANCOUNTY, MISSOURI, a second cladcounty ofthe State of Missouri, actingby and through its County Commission, (hereinafter referred to as"County") and the BILLINGS SPECIAL, ROAD DISTRICT, a special mad district organized pursuant to Missouri Revised Statutes, Section 233.170 (hereinafter referred to as "Special Road District"), for the purpose of tile improvement and maintenance of the County's network ofroads. WITNESSETH: WHEREAS, Article VI, Section 16 of tile Missouri Comtitution and Missouri Revised Statutes Section 70.220, authorize any municipality, special road distdct, or co!ty to contract and cooperate with other political·mbdvisions of this state for tile 1 planning, development, construction, acquisition or operation of any public improvement or facility or common service and this IGA represents an excellent opportunity for the County and Special Road District to work cooperatively for the common good of improving,he network of roads in Christian County to facilitate economic activity, public safety, emergency response and thequality of life of their citizens, and WHEREAS, it would beto thebenefit of cities andspecial road districts in Christian County for the County to distribute a poilion of the Colmty's general revenue gates taxes and the countywide sales tax cannarked for road andbridge·improvements and maintenance in accordance with tho funding formula set forth in the County Commission's Ordcr oflunc 25,2012; and WHEREAS, Special Road District has agreed that it will utilize the sales tax revenues distibuted to itby the County for tho exclusive purpose of consmicting and maintaining thoseroads and.bridges withinits judsdiction. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, the County and Special Road Distictagree as follows: 1. The County agrees to distribute to the Special Road District on a monthly basis, aportion of the countywide gen=al sales tax adopted.in 1996 and the countywide sales tax earmarked for road and bridge improvements, maintenance, and.operationg adopted in 1997 that the County receives, in accordance with tho percentage attributable to said Special Road Distlict as described in the County Commission's Order dated June 25, 2012, a copy ofwhich is attached hereto as Exhibit A and incorporated herein. t 2. Term. This Agrecmentshall commet=on the.date ofexecution by authorized officials for the County and Special Road District and will 1 . continue in effect until the CountyComminion establishes its 2013 budget in January of 2013. 3. Use of Countv Revenue. The Special Road District agrees to expend all sales tax revenues received from the County pursuant to this Agreement upon all lawful purposes of the Special Road District. 4. Judemnification. To thcextent allowed or imposed by law, Special Road District shall defend, indemnify and hold harmless the County, including its elected officials and employees from and any claim, liabilitics, damages, causes of action, judgments, costs and expenses, whetherbased on claim for damages to, real or personal property or to aperson for any matter relating to or arising out of the Special Road District's wrongful conduct or negligent performanco ofitiobligations under this Agreement. j 1 M To the extent allowedor imposed by law, County shaiI defed, indemnify 1 and hold harmless the Special Road District, including its elected officials and employees from and any claim, liabilities, damagea causes of action, judgment& costs and expenses, whether based on claim for damages to, real or personal propetty or to a person Ibr any matter relating to or arising out ofthc County's wron:Mconductor negligentperformance of its obligations under this Agreement. In no event shall the language ofthis Agreement constitute or be construed as a waiver or limitation ofeitherparly's rights or defenses with regard to each party's applicable sovercign, govemmental or officialimmimitics and protections as provided by federal and state constitutional law. 5. General Independent Contractor Clause. The County and the Special Road DiStliCt who are parties to this Agreement are each separate and independent political subdivition,of the state and, as such, the County and the Special Road District each retain their own identity and cach is responsible for its ownpolicies and activities, This Agreement 3hall not be construed as cating ajointventure bctwccn the County or tho Special Road District. 6. Accountine and Acce„ to Records.- The Special Road Distict shall provide written documentation to the County identifying tho specific roads or bridges county sales taxes received purnuant to this Agrocment wcre expended upon and shall maintain all records relating to the reccipts and expenditures of County sales taxes by Special Road Distict pursuant to this Agreement, including, but not limited to, invoices, receipts, payrolls, bank statements, contract documentation·andother records, sumcient to very tile County sales tax proceeds were expended by the Special Road Diskict only for lawful purposes of tho SpocialRoad District. The road and/or bridge project descriptions and accounting records shall be supplied 2 -J fil to the County Auditor, at no charge, on. aquarterly basisduring the period of this Agreement. Thefirstreport shall be duc October 1,2012. The Special Road Districtshall also provide the County Auditor any other financial records or documentation 83 she deems necessary to verify·that the funds disbursedby th,County to Special RoadDisict have been spent only for lawful ptuposes of the Special Road District. 7. Miscellaneous. a. The Special Road Dist ict agrces to passsuch ordinances asmay bc necessary to implement the terms and conditions of this IGA. b. This Agreementsets forth the entire agreement between the parties· and fully supersedes any and all prior and/or other contemporaneousafemcnisor undostandingibc:ween the parties which pertain to the subject matter hereof. 4 1 c. This Agreement mayonly be modifiedby a wsitten instrument executed by the parties hereto. d. This Agreement may be executed in two Or more counterparts, each of which shall be deemed any original, but all of which together shall constitute one andthesamedocument. 8. Notices. All notices, demands, and approvals required under this Agreement may bopersonally delivered or sent by certified mail, postage prepaid, return receipt requested, addressed to the individuals identified in' the heading of this IGA, or to their successors, at tho addresses listed bclow: Christian County Comminion ATIENTION: In u Lapaglia,Presidin*Commissioner ChristianCounty Commission 100 W. Church Street, Room 100 Ozark, MO 65721 Telephone' (41D 581-2112 Facsimile: (418581-8331 Email: Billings Specla! Road District Attention:1>?uni, G Ar be t. *a 261 52* 9,*49 mo. 65-6/0 3 IN WITNESS WHEREOF, Christian County, Missouri, acting through its County Commission, and the Billings Special Road Districthave caused this IGA to be duly executed by their proper officers, duly authorized by their respective Commission or Board, as of tile day and year first written above, and hereby further agree that this IGA shall be binding upon the parties hereto, their respective representatives, successor and assigns. CHRISTIAN COUNTY, MISSOURI BILLINGS SPECIAL ROAD DISTRICT BY AND THROUGH ITS CHRISTIAN COUNTY COMMISSION cLJUplbli< Pjedin#OomiMsioner 14,4 F-Abro , Chaimlan ofthe Board ofDirectors By: , Ad Address: - I94uff, Eastern Commissioner 4601 V·41-yle=-e>-e 13. /1-4 ,%4-U 6-62,2 BT 8 6-0 »Of. Bill Barnett. Western Commissioner ATrEST: Address: *FED#Awki 100 W. Church Street, Room 100 Ozark, MO 65721 Jaw*476426ee., Sec.areas. A COUNTY CLERK APPROVED AS TO_FORAL./ By: A 42.4., «7I-D,2» Kay Brodn %Bd A. Johnsow*orney APPROVE AST By: John Hou41ed, uity£6Uctor 4 K 4, Billings Special Road District Special Meeting minutes August 14th, 2012 Meeting came to order at 7:00 p.m. with the following Members present, Larry Fabro, David Mooneyham, Todd Groves, and Danny Garbee. Last meetings minutes were read and approved Sec. presented the board the Intergovermental Agreement between .- - t 1 Billings Special Road District and Christain County Commissioribn the distribution of Sales tax monies. Sec. also presented the letter from the districts legal council who is Todd Johnson of Ellis, Ellis Hammon & Johnson. Mr. Johnson informed that this agreement Is acceptable and recommends that the Board proceed with approval and execution of this agreement. Director Groves made the motion to accept this agreement, Director Mooneyham second the motion. All three Board member voted in favor of motion then President Fabro signed agreement and informed Sec. to deliver agreement in person and get receipt from Commission office stating they recived this agreement and date it for our records. Meeting adjourned at 7:20 p.m. with next regular monthly meeting set for September 13th at 8:00 p.m. Minutes prepared and recorded by, 8-/9-/1- Danny Ga;bee, Sec. /Treas. 1 .. INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT ('IGA'), made and entered into this /4/4 day of #£9> £658 , 2012, by and between the CHRISTIAN COUNTY, MISSOURI, a second class county of the State of Missouri, acting by and through its County Commission (hereinafter referred to as "County') and the STONESHIRE SPECLAL ROAD DismicT, a special road district organized pursuant to Missouri Revised Statutes, Section 233.170 (hereinafter referred to as'Special Road Districr), for the purpose of the improvement and maintenance of the County's network of roads. WITNESSETH: WHEREAS, Article VI, Section 16 of the Missouri Constitutjon and Missouri Revised Statute Section 70.220, authorize any municipality, spedal road district, or county to contract and cooperate with other poliUcal subdivisions of this state for the planning, development, construction, acquisition or operation of any public improvement or facility or common service and this IGA represents an excellent opportunity for the County and [Special Road District] to work cooperatively for the common good of improving the network of roads in Christian County to facilitate economic activity, public safety, emergency response and the quality of life of their citizens; and WHEREAS, it would be to the benefit of cities and special road districts in Christian County for the County to distribute a portion of the County's general revenue sales taxes and the countywide sales tax earmarked for road and bridge improvements and maintenance in accordance with the funding formula set forth in the County Commission's Order of June 25, 2012; and WHEREAS, Special Road District has agreed that it will utilize the sales tax revenues distributed to it by the County for the exclusive purpose of constructing and maintaining those roads and bridges within its jurisdiction. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, the County and Special Road District agree as follows: 1. The County agrees to distribute to the Spedal Road District on a monthly basis, a portion of the countywide general sales tax adopted in 1996 and the countywide sales tax earmarked for road and bridge improvements, maintenance, and operations adopted in 1997 that the County receives, in accordance with the percentage attributable to said Speda! Road District as described in the County Commission's Order dated June 25,2012, a copy of which is attached hereto as Exhibit A and incorporated herein. 2. Term. This Agreement shall commence on the date of execution by authorized officials for the County and the Special Road District and will continue in effect until the County Commission establishes its 2013 budget in January of 2013. 3. Use of Countv Revenue. The Special Road District agrees to expend all sales tax revenues received from the County pursuant to this Agreement upon all tawful purposes of the Special Road District. 4. Indemnification. To the extent allowed or imposed by law, Special Road District shall defend, indemnify and hold harmless the County, including its elected offidals and employees from and any claim, liabilities, damages, causes of action, judgments, costs and expenses, whether based on daim for damages to real or personal property or to a person for any matter relating to or arising out of the Special Road Districfs wrongful conduct or negligence performance of its obligations under this Agreement. To the extent allowed or imposed by law, County shall defend, indemnify and hold harmless the SpGCial Road District, induding its elected officials and employees from and any daim, liabilities, damages, causes of action, judgments, costs and expenses, whether based on daim for damages to, real or personat property or to a person for any matter relating to or arising out of the County's wrongful conduct or negligence performance of its obligations under this Agreement. In no event shall the language of this Agreement consUtute or be construed as a waiver or limitation of either party's rights or- defenses with regard to each party's applicable sovereign, governmental or official immunities and protections as provided by federal and states constitutional law. 5. General Independent Contractor Clause. The County and the Special Road District who are parties to this Agreement are each separate and independent political subdivisions of the state and, as such, the County and the Special Road District each retain their own identity and each is responsible for its own policies and activities. This Agreement shall not be construed as creating a joint venture between the County or the Spedal Road District. 6. Accounting and Access to Records. The Special Road District shall provide written documentation to the County identifying the specific roads or bridges county sales taxes received pursuant to this Agreement were expended upon and shall maintain all records relating to the receipts and expenditures of County sales taxes by Special Road District pursuant to this Agreement, induding, but not limited to, invoices, receipts, payrolls, bank statements, contract documentation and other records, sufficient to verify the County sales tax proceeds were expended by the Special Road District only for lawful purposes of the Special Road District The road and/or bridge project descriptions and accounting records shall be supplied to the County Auditor, at no charge, on a quarterly basis during the period of this Agreement The first report shall be due October 1, 2012. The Special Road District shall also provide the County Auditor any other finandal records or documentation as she deems necessary to verify that the funds disbursed by the County to Special Road District have been spent only for lawful purposes of the Special Road District. 1 7. Miscellaneous. a. The Special Road Distict agrees to pass such ordinances as may be necessary to implement the terms and conditions of this IGA b. This Agreement sets forth tile entire agreement between the parties and fully supersedes any and all prior and/or other contemporaneous agreements or understandings between the parties which pertain to the subject matter hereof. c. This Agreement may only be modified by a written instrument executed by the parties hereto. d. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document 8. Notices. AtI notices, demands, and approvals required under this Agreement may be personally delivered or sent by certified mail, postage prepaid, return receipt requested, addressed to the individuals identified in the heading of this IGA, or to their successors, at tile addresses listed below: Christian County Commission ATTENTION: Lou Lapaglia, Presiding Commissioner Christian County Commission 100 W. Church Street, Room 100 Ozalk, MO 65721 Telephone: (417)581-2112 Facsimile: (417) 581-8331 Email: christiancountvcommissionachristiancountvmo.orq Stoneshire Special Road Disbict ATTENTION: IN WITNESS WHEREOF, Christian County, Missouri, acting through its County Commission, and the Stoneshire Special Road District have caused this IGA to be duly executed by their proper officers, duly authorized by their respective Commission or Board, as of the day and year first written above, and hereby further agree that this IGA shall be binding upon the parties hereto, their respective representatives, successors and assigns. CHRISTIAN COUNTY, MISSOURI, STONESHIRE SPECIAL ROAD DISTRICT BY AND THROUGH ITS CHRISTIAN COUNTY COMMISSION By:. tlZE h. 1- Presi8ent of the Board of dommisioners Lou 1!apaglia, Presili Address:184 Bamridge RD M-. l/ejz*l,bri- Highlandville, MO 65669 Eastern Commisioner br· Ry °aftM.Ct 19 Bill Barnett, Western Commissioner ATTEST Address: 100 W. auth Street, Room 100 Ozark, MO 65721 City Clerk COUNTY CLERK: By: APPROVEb AS -1- Kay Br*N john W. *j{51*, Coqnty Cyisel¢r 233850001489749.doc U INTERGOVERNMENTAL AGREEMENT £...< THIS INIERGOyERNMENTAL AGREEMENT ("IGA"), made and entered into this 20' day of U+*f , 2012, by and between the CHRISTIAN COUNTY, MISSOURI. a second class county of the State of Missouri, acting by and through its County Commission (hereinafter referred to as "County") and the (CrrY of NIXA, a municipal corporation of the State of Missouri (hereinafter referred to as "City"), for the purpose of promoting the improvement and maintenance of the County's network of roads. WITNESSETH: WHEREAS, Article VI, Section 16 of the Missouri Constitution and Missouri Revised Statute Section 70.220, authorize any municipality, special road district, or county to contract and cooperate with other political subdivisions of this state for the planning, development, construction, acquisition or operation of any public improvement or facility or common service and this IGA represents an excellent opportunity for the County and the City to work cooperatively for the common good of improving the network of roads in Christian County to facilitate economic activity, public safety, emergency response and the quality of life of their citizens; and WHEREAS, it would be to the benefit of cities and special road districts in Christian County for the County to distribute a portion of the County's general revenue sales taxes and the countywide sales tax earmarked for road and bridge improvements and maintenance in accordance with the funding formula set forth in the County Commission's Order of June 25, 2012; and WHEREAS, the City has agreed that it will utilize the sales tax revenues distributed to it by the County for the exclusive purpose of constructing and maintaining those roads and bridges within its jurisdiction. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, the County and the City agree as follows: 1. The County agrees to distribute to the City, on a monthly basis, a portion of the countywide general sales tax adopted in 1996 and the countywide sales tax eArmarked for road and bridge improvements, maintenance, and operations adopted in 1997 that the County receives, in accordance with the percentage attributable to said City as described in the County Commission's Order dated June 25,2012, a copy of which is attached hereto as Exhibit A and incorporated herein. 2. Term. This Agreement shall commence on the date of execution by authorized officials for the County and the City and will continue in effect until the County Commission establishes its 2013 budget in January of 2013. ./. C 3. Use of Countv Revenue. The City agrees to expend all sales tax revenues received from the County pursuant to this Agreement exclusively for the costs of labor and materials expended on the construction or maintenance of roads and/or bridges in the City's jurisdiction. 4. Indemnification. To the extent allowed or imposed by law, the City shall defend, indemnify and hold harmless the County, including its elected officials and employees from and any claim, liabilities, damages, causes of action, judgments, costs and expenses, whether based on claim for damages to real or personal property or to a person for any matter relating to or arising out of the City's wrongful or negligence performance of its obligations under this Agreement. In no event shall the language of this Agreement constitute or be construed as a waiver or limitation of either party's rights or defenses with regard to 1 each party's applicable sovereign, governmental or official immunities and protections as provided by federal and states constitutional law. 5. General Independent Contractor Clause. The County and the City who are parties to this Agreement are each separate and independent political subdivisions of the state and, as such, the County and the City each retain their own identity and each is responsible for its own policies and activities. This Agreement shall not be construed as creating a joint venture between the County or the City. 6. Accountina and Access to Records. The City shall provide written documentation to the County identifying the specific roads or bridges county sales taxes received pursuant to this Agreement were expended upon and shall maintain all records relating to the receipts and expenditures of County sales taxes by the City pursuant to this Agreement, including, but not limited to, invoices, receipts, payrolls, bank statements, contract documentation and other records, sufficient to verify the County sales tax proceeds were expended by the City exclusively for road and bridge improvements, maintenance, or operations within the City's jurisdiction. The road and/or bridge project descriptions and accounting records shall be supplied to the County Auditor, at no charge, on a quarterly basis during the period of this Agreement. The first report shall be due October 1, 2012. The City shall also provide the County Auditor any other financial records or documentation as she deems necessary to verify that the funds disbursed by the County to the City have been spent exclusively for road and bridge improvements or maintenance. 7. Miscellaneous. a. The City agrees to pass such ordinances as may be necessary to implement the terms and conditions of this IGA. b. This Agreement sets forth the entire agreement between the parties and fully supersedes any and ali prior and/or other contemporaneous t agreements or understandings between the parties which pertain to the subject matter hereof. c. This Agreement may only be modified by a written instrument executed by the parties hereto. d. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. 8. Notices. All notices, demands, and approvals required under this Agreement may be personally delivered or sent by certified mail, postage prepaid, return receipt requested, addressed to the individuals identified in the heading of this IGA, or to their successors, at the addresses listed below: i Christian County Commission -- - -=-I-- ATTENTION: Lou Lapaglia, Presiding Commissioner Christian County Commission 100 W. Church Street, Room 100 Ozark, MO 65721 Telephone: (417) 581-2112 Facsimile: (417) 581-8331 Email: christiancountvcommission@christiancountvmo.ora City of Nixa, Missouri ATTENTION: Sam Clifton P.O.Box 395 Nixa, MO 65714 ', IN WiTNESS WHEREOF, Christian County, Missouri, acting through its County Commission, and the City of Nixa have caused this IGA to be duly executed by their proper officers, duly authorized by their respective Commission or Board, as of the day and year first written above, and hereby further agree that this IGA shall be binding upon the parties hereto, their respective representatives, successors and assigns. CHRISTIAN COUNTY, MISSOURI, CITY OF NIXA, MISSOURI BY AND THROUGH ITS a Municipal Co46ration of the State CHRISTIAN COUNTY COMMISSION Missouri 1\ An By: =>S«7*{/L, - 2.9-1 4 1-gb LapaUIia21*slng Commissioner 6 C-\:14-·. , Mayor 3 - Address: By: ZOLud-- 2 8/ 9.0. 80*39 € V... 2. Ir+MOff, Eastern Commissioner Nl kn- , MO 65721 - 1,1.444# 'lf. € f -1- i y OE f 76 -2-L 4 0 t + py- 0 0417 CAN,ftJ-- ,, Bill Barnett, Western Commissioner ATTEST: Address: 100 W. Church Street, Room 100 Ozark, MO 65721 th23·«r=s···a 1. C\_-4 J . City prk COUNTY CLERK: U By: 80-> Kay Br8wn APPROVE FtM: By: John W. SI , U nty Counselor 23385-000\ 489677.2.doc 1 INTERGOVERNMENTAL AGREEMENT -7,3 THIS INTERGOVERNMENTAL AGREEMENT ("IGA"), made and entered into this 4' day of au*,d , 2012, by and between the CHRISTIAN COUNTY, MISSOURI, a second class county of the State of Missouri, acting by and through its County Commission (hereinafter referred to as "County") and the CITPOF BILLINGS, a munidpal corporation of the State of Missouri (hereinafter referred to as "City"), for the purpose of promoting the improvement and maintenance of the County's network of roads. WITNESSETH: WHEREAS, Article VI, Section 16 of the Missouri Constitution and Missouri Revised Statute Section 70.220, authorize any municipality, special road district, or county to contrag. and cooperate with other political _subdivisions gf this state for the planning, 1 development, construction, acquisition or operation of any public improvement or facility or common service and this IGA represents an excellent opportunity for the County and the City to work cooperatively for the common good of improving the network of roads in Christian County to facilitate economic activity, public safety, emergency response and the quality of life of their citizens; and WHEREAS, it would be to the benefit of cities and special road districts in Christian County for the County to distribute a portion of the County's general revenue sales taxes and the countywide sales tax earmarked for road and bridge improvements and maintenance in accordance with the funding formula set forth in the County Commission's Order of June 25, 2012; and WHEREAS, the City has agreed that it will utilize the sales tax revenues distributed to it by the County for the exclusive purpose of constructing and maintaining those roads and bridges within its jurisdiction. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, the County and the City agree as follows: 1. The County agrees to distribute to the City, on a monthly basis, a portion of - - -- r the countywide general sales tax adopted in 1996 and the countywide sales tax earmarked for road and bridge improvements, maintenance, and operations adopted in 1997 that the County receives, in accordance with the percentage attributable to said City as described in the County Commission's Order dated June 25, 2012, a copy of which is attached hereto as Exhibit A and incorporated herein. 2. Term. This Agreement shall commence on the date of execution by authorized officials for the County and the City and will continue in effect until the County Commission establishes its 2013 budget in January of 2013. 3. Use of Countv Revenue. The City agrees to expend all sales tax revenues received from the County pursuant to this Agreement exclusively for the costs of labor and materials expended on the construction or maintenance of roads and/or bridges in the City's jurisdiction. 4. Indemnification. To the extent allowed or imposed by law, the City shall defend, indemnify and hold harmless the County, including its elected officials and employees from and any claim, liabilities, damages, causes of action, judgments, costs and expenses, whether based on claim for damages to real or personal properly or to a person for any matter relating to or arising out of the City's wrongful or negligence performance of its obligations under this Agreement. In no event shall the language of this Agreement constitute or be construed as a waiver or limitation_of either party's rights or defenses with regard to each party's applicable sovereign, governmental or official immunities and protections as provided by federal and states constitutional law. 5. General Independent Contractor Clause. The County and the City who are parties to this Agreement are each separate and independent political subdivisions of the state and, as such, the County and the City each retain their own identity and each is responsible for its own policies and activities. This Agreement shall not be construed as creating a joint venture between the County or the City. 6. Accounting and Access to Records. The City shall provide written documentation to the County identifying the specific roads or bridges county sales taxes received pursuant to this Agreement were expended upon and shall maintain all records relating to the receipts and expenditures of County sales taxes by the City pursuant to this Agreement, including, but not limited to, invoices, receipts, payrolls, bank statements, contract documentation and other records, sufficient to verify the County sales tax proceeds were expended by the City exclusively for road and bridge improvements, maintenance, or operations within the City's jurisdiction. The road and/or bridge project descriptions and accounting records shall be supplied to the - County Auditor, at no charge, on a quarterly basis during the period of this Agreement. The first report shall be due October 1, 2012. The City shall also provide the County Auditor any other financial records or documentation as she deems necessary to verify that the funds disbursed by the County to the City have been spent exclusively for road and bridge improvements or maintenance. 7. Miscellaneous. a. The City agrees to pass such ordinances as may be necessary to implement the terms and conditions of this IGA. b. This Agreement sets forth the entire agreement between the parties and fully supersedes any and ali prior and/or other contemporaneous agreements or understandings between the parties which pertain to the subject matter hereof. c. This Agreement may only be modified by a written instrument executed by the parties hereto. d. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. 8. Notices. All notices, demands, and approvals required under this Agreement may be personally delivered or sent by certified mail, postage prepaid, return receipt requested, addressed to the individuals identified in the heading of this IGA, or to their successors, at the addresses listed below: -1 - 1 Christian County Commission ATTENTION: Lou Lapaglia, Presiding Commissioner Christian County Commission 100 W. Church Street, Room 100 Ozark, MO 65721 Telephone: (417) 581-2112 Facsimile: (417) 581-8331 Email: christiancountvcommission@christiancountvmo.ora City of Billings, Missouri ATTENTION: Joe Walker P. 0. Box 207 Billings, MO 65610 1 IN WITNESS WHEREOF, Christian County, Missouri, acting through its County Commission, and the City of Billings have caused this IGA to be duly executed by their proper officers, duly authorized by their respective Commission or Board, as of the day and year first written above, and hereby further agree that this IGA shall be binding upon the parties hereto, their respective representatives, successors and assigns. CHRISTIAN COUNTY, MISSOURI, CITY OF BILLINGS, MISSOURI BY AND THROUGH ITS a Municipal Corporation of the State of CHRISTIAN COUNTY COMMISSION Missouri ,1 ; Bt-14/ By: l(:11.41,?. , \J,/16/)1*t.<1/ 11 Lapagila, PWdi-Commissioner **i,u2 4 +IYCUL By: AbW- Address: Ck>/De eef Refl Tom Huff, Eastern Commissioner 9>, 1/,4,5, MO 86;24, 4-524 tb .,1 - - N \/. C €31 -- ·nett, Wegtern Commissioner ATTEST: Address: 100 W. Church Street, Room 100 Ozark, MO 65721 @y-A A +6" Aoity Clerk COUNTy CLERK: By: Kay BrovM 1 APPROVED AS TO F By: John W. Hde Counselor 23385-000\ 489677.2.doc fl INTERGOVERNMENTAL AGREEMENT .*j THIS INTgRGOVERNMENTAL AGREEMENT ("IGAD, made and entered into this , 2012, by and between the CHRISTIAN COUNTY, MISSOURI, a second class couffty of tile State of Missouri, acting by and through its County Commission (hereinafter referred to as "County") and the CITY OF OZARK, a municipal corporation of the State of Missouri (hereinafter referred to as "City"), for the purpose of promoting the improvement and maintenance of the County's network of roads. WITNESSETH: WHEREAS, Article VI, Section 16 of the Missouri Constitution and Missouri Revised Statute Section 70.220, authorize any municipality, special road district, or county to contract and cooperate with other political subdivisions of this state for the planning, ·development, construction, acquisition or operation of any public improvement or facility or 1 common service and this IGA represents an excellent opportunity for the County and the City to work cooperatively for the common good of improving the network of roads in Christian County to facilitate economic activity, public safety, emergency response and the quality of life of their citizens; and WHEREAS, it would be to the benefit of cities and special road districts in Christian County for the County to distribute a portion of the County's general revenue sales taxes and the countywide sales tax earmarked for road and bridge improvements and maintenance in accordance with the funding formula set forth in the County Commission's Order of June 25, 2012; and WHEREAS, the City has agreed that it will utilize the sales tax revenues distributed to it by the County for the exclusive purpose of constructing and maintaining those roads and bridges within its jurisdiction. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, the County and the City agree as follows: 1. The County agrees to distribute to the City, on a monthly basis, a portion of the countywide general sales tax adopted in 1996 and the countywide sales tax earmarked for road and bridge improvements, maintenance, and operations adopted in 1997 that the County receives, in accordance with the percentage attributable to said City as described in the County Commission's Order dated June 25,2012, a copy of which is attached hereto as Exhibit A and incorporated herein. 2. Term. This Agreement shall commence on the date of execution by authorized officials for the County and the City and will continue in effect until the County Commission establishes its 2013 budget in January of 2013. 3. Use of Countv Revenue. The City agrees to expend all sales tax revenues received from the County pursuant to this Agreement exclusively for the costs of labor and materials expended on the construction or maintenance of roads and/or bridges in the City's jurisdiction. 4. Indemnification. To the extent allowed or imposed by law, the City shall defend, indemnify and hold harmless the County, including its elected officials and employees from and any claim, liabilities, damages, causes of action, judgments, costs and expenses, whether based on claim for damages to real or personal property or to a person for any matter relating to or arising out of the City's wrongful or negligence performance of its obligations under this Agreement. In no event shall the language of this Agreement constitute or be construed as a waiver or limitation of either party's rights or defenses with regard to each party's applicable sovereign, governmental or official immunities and protections as provided by federal and states constitutional law. 5. General Independent Contractor Clause. The County and the City who are parties to this Agreement are each separate and independent political subdivisions of the state and, as such, the County and the City each retain their own identity and each is responsible for its own policies and activities. This Agreement shall not be construed as creating a joint venture between the County or the City. 6. Accounting and Access to Records. The City shall provide written documentation to the County identifying the specific roads or bridges county sales taxes received pursuant to this Agreement were expended upon and shall maintain all records relating to the receipts and expenditures of County sales taxes by the City pursuant to this Agreement, including, but not limited to, invoices, receipts, payrolls, bank statements, contract documentation and other records, sufficient to verify the County sales tax proceeds were expended by the City exclusively for road and bridge improvements, maintenance, or operations within the City's jurisdiction. The road and/or bridge project descriptions and accounting records shall be supplied to the County Auditor, at no charge, on a quarterly basis during the period of this Agreement. The first report shall be due October 1, 2012. The City shall also provide the County Auditor any other financial records or documentation as she deems necessary to verify that the funds disbursed by the County to the City have been spent exclusively for road and bridge improvements or maintenance. 7. Miscellaneous. a. The City agrees to pass such ordinances as may be necessary to implement the terms and conditions of this IGA. b. This Agreement sets forth the entire agreement between the parties and fully supersedes any and ali prior and/or other contemporaneous agreements or understandings between the parties which pertain to the subject matter hereof. c. This Agreement may only be modified by a written instrument executed by the parties hereto. d. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. 8. Notices. All notices, demands, and approvals required under this Agreement may be personally delivered or sent by certified mail, postage prepaid, return receipt requested, addressed to the individuals identified in the heading of this IGA, or to their successors, at the addresses listed below: · -Christian County Commission ATTENTION: Lou Lapaglia, Presiding Commissioner Christian County Commission 100 W. Church Street, Room 100 Ozark, MO 65721 Telephone: (417) 581-2112 Facsimile: (417) 581-8331 Email: christiancountvcommission@christiancountvmo.ora City of Ozark, Missouri ATTENTION: Shane Nelson P. 0. Box 295 Ozark, Mo 65721 IN WITNESS WHEREOF, Christian County, Missouri, acting through its County Commission, and the City of Ozark have caused this IGA to be duly executed by their proper officers, duly authorized by their respective Commission or Board, as of the day and year first written above, and hereby further agree that this IGA shall be binding upon the parties hereto, their respective representatives, successors and assigns. CHRISTIAN COUNTY, MISSOURI, CITY OF OZARK, MISSOURI BY AND THROUGH ITS a Municipal Corporation of the State S CHRISTIAN COUNTY COMMISSION Missouri By: v- s By: g Commissioner , Mayor 3 By: REJ vitv-r .320:, 1,4 (*iae'l : Tom Huff, Eastern Commissioner 42rt.rlf.. MO 65721 &--- - By: b * 8 *4 - '#, 1, 4,* in' 111 Barnett, Wdstem Commissioner ATTEST: f It / 1 Address: Setuilk» 100 W. Church Street, Room 100 Ozark, MO 65721 3EAkil€ DO 1 ** , City Clerk COUNTY CLERK: ByKay LE; ZL APPROVED A TFP M 3 By: John W. 616 )unselor 23385-000\489677.2.doc INTERGOVERNMENTAL AGREEMENT 0 2»ils INTERGOVERNMENTAL AGREEMENT ("IGA"), made and entered into this ond class coun€Bft#e State of Missouri, acting by and through its County Commission day of 4/Ubl/ , 2012, by and between the CHRISTIAN COUNTY, MISSOURI, a (hereinafter referred to as "County") and the Cri-Y oF FREMONT Muls, a municipal corporation of the State of Missouri (hereinafter referred to as "City"), for the purpose of promoting the imbrovement and maintenance of the County's network of roads. WITNESSETH: WHEREAS, Article VI, Section 16 of the Missouri Constitution and Missouri Revised Statute Section 70.220, authorize any municipality, special road district, or county to cy#act and - cooperate with other Rgli®al subdivisions_of this *te-for the planning, development, construction, acquisition or operation of any public improvement or facility or common service and this IGA represents an excellent opportunity for the County and the City to work cooperatively for the common good of improving the network of roads in Christian County to facilitate economic activity, public safety, emergency response and the quality of life of their citizens; and WHEREAS, it would be to the benefit of cities and special road districts in Christian County for the County to distribute a portion of the County's general revenue sales taxes and the countywide sales tax * earmarked for road and bridge improvements and maintenance in accordance with the funding formula set forth in the County Commission's Order of June 25, 2012; and WHEREAS, the City has agreed that it will utilize the sales tax revenues distributed to it by the County for the exclusive purpose of constructing and maintaining those roads and bridges within its jurisdiction. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, the County and the City agree as follows: 1. The County agrees to distribute to the City, on a monthly basis, a portion of the countywide general sales tax adopted in 1996 and the countywide sales tax earmarked for road and bridge improvements, maintenance, and operations adopted in 1997 that the County receives, in accordance with the percentage attributable to said City as described in the County Commission's Order dated June 25, 2012, a copy of which is attached hereto as Exhibit A and incorporated herein. 2. Term. This Agreement shall commence on the date of execution by authorized officials for the County and the City and will continue in effect until the County Commission establishes its 2013 budget in January of 2013. 3. Use of Countv Revenue. The City agrees to expend all sales tax revenues received from the County pursuant to this Agreement exclusively for the costs of labor and materials expended on the construction or maintenance of roads and/or bridges in the City's jurisdiction. 4. Indemnification. To the extent allowed or imposed by law, the City shall defend, indemnify and hold harmless the County, including its elected officials and employees from and any claim, liabilities, damages, causes of action, judgments, costs and expenses, whether based on claim for damages to real or personal property or to a person for any matter relating to or arising out of the City's wrongful or negligence performance of its obligations under this Agreement. In no event shall the language of this Agreement constitute or be construed i as a waiver of limitation of either party's rights or defenses with regard to . each party's applicable sovereign, governmental or official immunities and protections as provided by federal and states constitutional law. 5. General Independent Contractor Clause. The County and the City who are parties to this Agreement are each separate and independent political subdivisions of the state and, as such, the County and the City each retain their own identity and each is responsible for its own policies and activities. This Agreement shall not be construed as creating a joint venture between the County or the City. 6. Accounting and Access to Records. The City shall provide written documentation to the County identifying the specific roads or bridges county sales taxes received pursuant to this Agreement were expended upon and shall maintain all records relating to the receipts and expenditures of County sales taxes by the City pursuant to this Agreement, including, but not limited to, invoices, receipts, payrolls, bank statements, contract documentation and other records, sufficient to verify the County sales tax proceeds were expended by the City exclusively for road and bridge improvements, maintenance, or operations within the City's jurisdiction. The road and/or bridge project descriptions and accounting records shall be supplied to the County Auditor, at no charge, on a quarterly basis during the period of this Agreement. The first report shall be due October 1, 2012. The City shall also provide the County Auditor any other financial records or documentation as she deems necessary to verify that the funds disbursed by the County to the City have been spent exclusively for road and bridge improvements or maintenance. 7. Miscellaneous. a. The City agrees to pass such ordinances as may be necessary to implement the terms and conditions of this IGA. b. This Agreement sets forth the entire agreement between the parties and fully supersedes any and all pdor and/or other contemporaneous agreements or understandings between the parties which pertain to the subject matter hereof. c. This Agreement may only be modified by a written instrument executed by the parties hereto. d. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. 8. Notices. Ali notices, demands, and approvals required under this Agreement may be personally delivered or sent by certified mail, postage prepaid, return receipt requested, addressed to the individuals identified in the heading of this IGA, or to their successors, at the addresses listed below: Christian County Commission ATTENTION: Lou Lapaglia, Presiding Commissioner Christian County Commission 100 W. Church Street, Room 100 Ozark, MO 65721 Telephone: (417) 581-2112 Facsimile: (417) 581-8331 Email: christiancountycommission@christiancountvmo.ora City of Fremont Hills, Missouri ATTENTION: Ron Elkins 8406 Interlochen Drive Nixa, MO 65714 IN WITNESS WHEREOF, Christian County, Missouri, acting through its County Commission, and the City of Fremont Hills have caused this IGA to be duly executed by their proper officers, duly authorized by their respective Commission or Board, as of the day and year first written above, and hereby further agree that this IGA shall be binding upon the parties hereto, their respective representatives, successors and assigns. CHRISTIAN COUNTY, MISSOURI, CITY OF FREMONT HILLS, MISSOURI BY AND THROUGH ITS a Municipal Corporation of the State of CHRISTIAN COUNTY COMMISSION Missouri By: _«di 4 5 621<-0 rnissioner tu Lapag16 Aij.Ld--4£/60,32 Mayor/ 11 Address: 4 ArisENT 2404 35·ler /ade.1 A Tom Huff, Eastern Commissioner U,» , MO 65721- /q By: * 019 0)0»(4- - n t. Bill Barnett, Western Commissioner ATTEST: 2 .1 1 Address: Lze' Uuf -- 100 W. Church Street, Room 100 Ozark, MO 65721 036-*6 81.4 City Clerk 2 COUNTY CLERK: 44+ By: 4 41 Kay Br*n APPROVED ASTO F By: P--7 John W. 1-1 e, 0 Counselor V 23385-000\ 489677.2.doc a> T A INTERGOVERNMENTAL AGREEMENT / THIS INTERGOVERNMENTAL AGREEMENT ("IGA:'), made and entered into this 3 day of A,Drt , 2012, by and between the CHRISTIAN COUNTY, MISSOURI, a second class county of the State of Missouri, acting by and through its County Commission (hereinafter referred to as "County") and the OZARK SPECIA* ROAQ: DISTRICT, a special road district organized pursuant to Missouri Revised Statutes, Section 233.170 (hereinafter referred to as "Special Road District"), for the purpose of the improvement and maintenance ofthe County's network ofroads. WITNESSETH: WHEREAS, Article VI, Section 16 of the Missouri Constitution and Missouri Revised Statute Section 70.220, authorize any municipality, special road district, or county to contract and cooperate with other political subdivisions of this state for the planning, development, construction, acquisition or operation of any public improvement or facility or common service and this IGA represents an excellent opportunity for the County and [Special Road District] to work cooperatively for the common good of improving the network ofroads in Christian County ' to facilitate economic activity, public safety, emergency response and the quality of life of their citizens; and WHEREAS, it would be to the benefit of cities and special road districts in Christian County for the County to distribute a portion of the County's general revenue sales taxes and the countywide sales tax earmarked for road and bridge improvements and maintenance in accordance with the funding formula set forth in the County Commission's Order of June 25, 2012; and WHEREAS, Special Road District has agreed that it will utilize the sales tax revenues distributed to it by tile County for the exclusive purpose of constructing and maintaining those roads and bridges within its jurisdiction. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, the County and Special Road District agree as follows: 1. The County agrees to disttibute to the Special Road District on a monthly basis, a portion of the countywide general sales tax adopted in 1996 and the countywide sales tax earmarked for road and bridge improvements, maintenance, and operations adopted in 1997 that tile County receives, in accordance with the percentage attributable to said Special Road. District as described in the County Commission's Order dated June 25, 2012, a copy of which is attached hereto as Exhibit A and incorporated herein. 2. Term. This Agreement shall commence on tile date of execution by authorized officials for the County and the Special Road District and will continue in effect until the County Commission establishes its 2013 budget in January of 2013. /K 3. Use of Countv Revenue. The Special Road District agrees to expend all sales tax revenues received from the County pursuant to this Agreement upon ali lawful purposes of the Special Road District 4. Indemnification. To the extent allowed or imposed by law, Special Road District shall defend, indemnify and hoId harmless the County, including its elected officials and employees from and any claim, liabilities, damages, causes of action, judgments, costs and expenses, whether based on claim for damages to, real or personal property or to a person for any matter relating to or arising out of the Special Road Districfs wrongful conduct or negligence perfonnance of its obligations under this Agreement. To the extent allowed or imposed by law, County shall defend, indemnify and hold harmless the Special Road District, including its elected officials and employees from and any claim, liabilities, damages, causes of action, judgments, costs and expenses, whether based on claim for damages to, reaI or personal property or to a person for any matter relating to or arising out of the County's wrongful conduct or negligence performance of its obligations under this Agreement. In. no event shall the language of this Agreement constitute or be construed as a waiver or limitation of either party's rights or defenses with regard to each party's applicable sovereign, governmental or official immunities and protections as provided by federal and states constitutional law. 5. General Independent Contractor Clause. The County and the Special Road District who are parties to this Agreement are each separate and independent political subdivisions of the state and, as such, the County and the Special Road District each retain their own identity and each is responsible for its own policies and activities. This Agreement shall not be construed as creating a joint venture between the County or the Special Road District. 6. Accounting and Access to Records. The Special Road District shall provide written documentation to the County identifying the specific roads or bridges county sales taxes received pursuant to this Agreement were expended upon and shall maintain all records relating to the receipts and expenditures of County sales taxes by Special Road District pursuant to this Agreement, including, but not limited to, invoices, receipts, payrolls, bank statements, contract documentation and other records, sufficient to verify the County sales tax proceeds were expended by the Special Road District only for lawful purposes of the Special Road District. The road and/or bridge project descriptions and accounting records shall be supplied to the County Auditor, at no charge, on a quarterly basis during the period of this Agreement. The first report shall be due October 1, 2012. The Special Road District shall also provide the County Auditor any other financial records or documentation as she deems necessary to verify that the funds -2 ¢ mr. disbursed by the County to Special Road District have been spent only for lawful purposes ofthe Special Road District. 7. Miscellaneous. a. The Special Road District agrees to pass such ordinances as may be necessary to implement the terms and conditions of this IGA. b. This Agreement sets forth the entire agreement between the parties and fully supersedes any and all prior and/or other contemporaneous agreements or understandings between the parties which pertain to the subject matter hereo£ c. This Agreement may only be modified by a written instrument executed by the parties hereto. d. This Agreement may be executed in two or more counterparts, each of which shaII be deemed an original, but all of which together shall constitute one and the same document. 8. Notices. All notices, demands, and approvals required under this Agreement may be personally delivered or sent by certified mail, postage prepaid, return receipt requested, addressed to the individuals identified in the heading of this IGA, or to their successors, at the addresses listed below: Christian County Commission ATIENTION: Lou Lapaglia, Presiding Commissioner Christian County Commission 100 W. Church Street, Room 100 Ozark, MO 65721 Telephone: (417) 581-2112 Facsimile: (417) 581-8331 EmaiI: countycommissionchristiancountymo.org Ozark Special Road District ATIENTION: Y 4 1, IN WITNESS WHEREOF, Christian County, Missouri, acting through its County Commission, and the Ozark Special Road District have caused this IGA to be duly executed by their proper officers, duly authorized by their respective Commission or Board, as of the day and year first written above, and hereby further agree that this IGA shall be binding upon the parties hereto, their respective representatives, successors and assigns. CHIUSTIAN COUNTY, MISSOURI, OZARK SPECIAL ROAD DISTRICT BY AND THROUGH ITS CHRISTIAN COUNTY COMMISSION Bl ir; - 4 0 ' Chairman of the U Lou Lapaglia,)re % Commissioner Board ofDiiest'/9/Lp.-19/9/e,5952/18845102/1/.- By: A'(55*07 Address: Po 20. 699 MO 65721 01.WIL , Tom Huff, Eastern Commissioner Br 6 2> / 6/JAO:*-- ATIEST: Bill Barnett, Western Commissioner Address: 100 W. Church Street, Room 100 Ozark, MO 65721 , a¥ Clerk 60,1-74 - . COUNTY CLERK 25* By: l(61 14 1*j,70. Kay Bhown APPROV By: John W usley, C*ntv Cdunselor_-2-- APPROVED AS TO FORM: d2*z. Patrick J. Platter, Ozark Special Road District Counselor INTERGOVERNMENTAL AGREEMENT ERGpVEfZNMENTAL AGREEMENT ("IGA"), made and entered into this 1 3,1 THIS lim 2012, by and between the CHRISTIAN COUN-i-Y, MISSOURI, a day of , second class cou State of Missouri, acting by and through its County Commission (hereinafter referred to as "County") and the SOOTH SPARTA SPECIAL ROAD DISTRICT. a special road district organized pursuant to Missouri Revised Statutes, Section 233.170 (hereinafter referred to as "Special Road District"), for the purpose of the improvement and maintenance of the County's network of roads. WITNESSETH: WHEREAS, Article VI, Section 16 of the Missouri Constitution and Missouri Revised Statute Section 70.220, autherizeany_ munigipality, special. road_.dislri.cls or county to 6ntract and c6operate with other political subdivisions of this state- for the planning, development, construction, acquisition or operation of any public improvement or facility or common service and this IGA represents an excellent opportunity for the County and [Special Road District] to work cooperatively for the common good of improving the network of roads in Christian County to facilitate economic activity, public safety, emergency response and the quality of life of their citizens; and WHEREAS, it would be to the benefit of cities and special road districts in Christian County for the County to distribute a portion of the County's general revenue sales taxes and the countywide sales tax earmarked for road and bridge improvements and maintenance in accordance with the funding formula set forth in the County Commission's Order of June 25, 2012; and WHEREAS, Special Road District has agreed that it will utilize the sales tax revenues distributed to it by the County for the exclusive purpose of constructing and maintaining those roads and bridges within its jurisdiction. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, the County and Special Road District agree as follows: 1. The-County agrees to distribute to the Special Road District on a monthly basis, a portion of the countywide general sales tax adopted in 1996 and the countywide sales tax earmarked for road and bridge improvements, maintenance, and operations adopted in 1997 that the County receives, in accordance with the percentage attributable to said Special Road District as described in the County Commission's Order dated June 25, 2012, a copy of which is attached hereto as Exhibit A and incorporated herein. 2. Term. This Agreement shall commence on the date of execution by authorized officials for the County and the Special Road District and will continue in effect until the County Commission establishes its 2013 budget in January of 2013. 44 A'' 3. Use of Countv Revenue. The Special Road District agrees to expend all sales tax revenues received from the County pursuant to this Agreement exclusively for the costs of labor and materials expended on the construction or maintenance of roads and/or bridges in the Special Road District's jurisdiction. 4. Indemnification. To the extent allowed or imposed by law, Special Road District shall defend, indemnify and hold harmless the County, including its elected officials and employees from and any claim, liabilities, damages, causes of action, judgments, costs and expenses, whether based on claim for damages to real or personal property or to a person for any matter relating to or arising out of the Special Road District's wrongful or negligence performance of its obligations under this Agreement. In no event shall the language of this Agreement constitute_pr be construed i as a waiver or lini[tatiori -of-either parW'§ rights or defenses with 1%gard to each party's applicable sovereign, governmental or official immunities and protections as provided by federal and states constitutional law. 5. General Independent Contractor Clause. The County and the Special Road District who are parties to this Agreement are each separate and independent political subdivisions of the state and, as such, the County and the Special Road District each retain their own identity and each is responsible for its own policies and activities. This Agreement shall not be construed as creating a joint venture between the County or the Special Road District. 6. Accounting and Access to Records. The Special Road District shall provide written documentation to the County identifying the specific roads or bridges county sales taxes received pursuant to this Agreement were expended upon and shall maintain all records relating to the receipts and expenditures of County sales taxes by Special Road District pursuant to this Agreement, including, but not limited to, invoices, receipts, payrolls, bank statements, contract documentation and other records, sufficient to verify the County_ sales tax proceeds were expended by- the Special Road District exclusively for road and bridge improvements, maintenance, or operations within the Special Road District's jurisdiction. The road and/or bridge project descriptions and accounting records shall be supplied to the County Auditor, at no charge, on a quarterly basis during the period of this Agreement. The first report shall be due October 1, 2012. The Special Road District shall also provide the County Auditor any other financial records or documentation as she deems necessary to verify that the funds disbursed by the County to Special Road District have been spent exclusively for road and bridge improvements or maintenance. t 7. Miscellaneous. a. The Special Road District agrees to pass such ordinances as may be necessary to implement the terms and conditions of this IGA. b. This Agreement sets forth the entire agreement between the parties and fully supersedes any and all prior and/or other contemporaneous agreements or understandings between the parties which pertain to the subject matter hereof. c. This Agreement may only be modified by a written instrument executed by the parties hereto. d. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one And the same document. 8. Notices. All notices, demands, and approvals required under this Agreement may be personally delivered or sent by certified mail, postage prepaid, return receipt requested, addressed to the individuals identified in the heading of this IGA, or to their successors, at the addresses listed below: Christian County Commission ATTENTION: Lou Lapaglia, Presiding Commissioner Christian County Commission 100 W. Church Street, Room 100 Ozark, MO 65721 Telephone: (417) 581-2112 Facsimile: (417) 581-8331 Email: christiancountvcommission@christiancountvmo.org South Sparta Special Road District ATTENTION: Phil Short 816 Stoneridge Road Sparta, MO 65753 - - .1 - -il ---- .A t IN WITNESS WHEREOF, Christian County, Missouri, acting through its County Commission, and the South Sparta Special Road District have caused this IGA to be duly executed by their proper officers, duly authorized by their respective Commission or Board, as of the day and year first written above, and hereby further agree that this IGA shall be binding upon the parties hereto, their respective representatives, successors and assigns. CHRISTIAN COUNTY, MISSOURI, SOUTH SPARTA SPECIAL ROAD DISTRICT BY AND THROUGH ITS CHRISTIAN COUNTY COMMISSION 5% mi. f Al YMAL - W j FAUQU)/=4®.MQ' b Lvu Lapdglfa/, PlpifiAg Commissioner B. FS , 7-/9-1.1 By: j| 6 Se,k Mir=. 74/ Aa,£-Ace, "12- , MO @C#M- Tom Huff, Eastern Commissioner 0,153 * 6 kg 8 ON•O*- ATTEST: Bill Barnett, Western Commissioner Address: 100 W. Church Street, Room 100 Ozark, MO 65721 COUNTY CLERK: By: M EL Kay Brow APPROVE0 A 1 0M: By: John W. Ho(Mey,Kebrff' Counselor 23385-000\489749.doc e Wd. INTERGOVERNMENTAL AGREEMENT 3.-i THIS INTERGOVERNMENTAL AGREEMENT ("IGA"), made and entered into this day of d, , 2012, by and between the CHRISTIAN COUNTY, MISSOURI, a second class county of the State of Missouri, acting by and through its County Commission (hereinafter referred to as County") and the GARRISON SPECIAL ROAD DISTRICT, a special road district organized pursuant to Missouri Revised Statutes, Section 233.170 (hereinafter referred to as "Special Road District"), for the purpose of the improvement and maintenance of the County's network of roads. WITNESSETH: WHEREAS, Article VI, Section 16 of the Missouri Constitution and Missouri Revised 1 -Statute Section 70.220, authorize any municipalit special road distrift, or county to contract and cooperate with other political subdivisions of this state for the planning, development, construction, acquisition or operation of any public improvement or facility or common service and this IGA represents an excellent opportunity for the County and [Special Road District] to work cooperatively for the common good of improving the network of roads in Christian County to facilitate economic activity, public safety, emergency response and the quality of life of their citizens; and WHEREAS, it would be to the benefit of cities and special road districts in Christian County for the County to distribute a portion of the County's general revenue sales taxes and the countywide sales tax earmarked for road and bridge improvements and maintenance in accordance with the funding formula set forth in the County Commission's Order of June 25, 2012; and WHEREAS, Special Road District has agreed that it will utilize the sales tax revenues distributed to it by the County for the exclusive purpose of constructing and maintaining those roads and bridges within its jurisdiction. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, the County and Special Road District agree as follows: 1. The County agrees to distribute to the Special Road District on a monthly basis, a portion of the countywide general sales tax adopted in 1996 and the countywide sales tax earmarked for road and bridge improvements, maintenance, and operations adopted in 1997 that the County receives, in accordance with the percentage attributable to said Special Road District as described in the County Commission's Order dated June 25, 2012, a copy of which is attached hereto as Exhibit A and incorporated herein. 2. Term. This Agreement shall commence on the date of execution by authorized officials for the County and the Special Road District and will continue in effect until the County Commission establishes its 2013 budget in January of 2013. kf. r 3. Use of Countv Revenue. The Special Road District agrees to expend all sales tax revenues received from the County pursuant to this Agreement exclusively for the costs of labor and materials expended on the construction or maintenance of roads and/or bridges in the Special Road District's jurisdiction. 4. Indemnification. To the extent allowed or imposed by law, Special Road District shall defend, indemnify and hold harmless the County, including its elected officials and employees from and any claim, liabilities, damages, causes of action, judgments, costs and expenses, whether based on claim for damages to real or personal property or to a person for any matter relating to or arising out of the Special Road District's wrongful or negligence performance of its obligations under this Agreement. - =-_19 no.eyent shall the language of this Agreement constitute or be construed as a waiver or Itinitation of dithef*rty's fights Or defenses with-regard to-- - - - each party's applicable sovereign, governmental or official immunities and protections as provided by federal and states constitutional law. 5. General Independent Contractor Clause. The County and the Special Road District who are parties to this Agreement are each separate and independent political subdivisions of the state and, as such, the County and the Special Road District each retain their own identity and each is responsible for its own policies and activities. This Agreement shall not be construed as creating a joint venture between the County or the Special Road District. 6. Accounting and Access to Records. The Special Road District shall provide written documentation to the County identifying the specific roads or bridges county sales taxes received pursuant to this Agreement were expended upon and shall maintain ali records relating to the receipts and expenditures of County sales taxes by Special Road District pursuant to this Agreement, including, but not limited to, invoices, receipts, payrolls, bank statements, contract documentation and other records, sufficient to verify the County sales tax proceeds were_expended by the Special Road District exclusively for road and bridge improvements, maintenance, or operations within the Special Road District's jurisdiction. The road and/or bridge project descriptions and accounting records shall be supplied to the County Auditor, at no charge, on a quarterly basis during the period of this Agreement. The first report shall be due October 1, 2012. The Special Road District shall also provide the County Auditor any other financial records or documentation as she deems necessary to verify that the funds disbursed by the County to Special Road District have been spent exclusively for road and bridge improvements or maintenance. t 7. Miscellaneous. a. The Special Road District agrees to pass such ordinances as may be necessary to implement the terms and conditions of this IGA. b. This Agreement sets forth the entire agreement between the parties and fully supersedes any and all prior and/or other contemporaneous agreements or understandings between the parties which pertain to the subject matter hereof. c. This Agreement may only be modified by a written instrument executed by the parties hereto. d. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and thsametiocument. 8. Notices. All notices, demands, and approvals required under this Agreement may be personally delivered or sent by certified mail, postage prepaid, return receipt requested, addressed to the individuals identified in the heading of this IGA, or to their successors, at the addresses listed below: Christian County Commission ATTENTION: Lou Lapaglia, Presiding Commissioner Christian County Commission 100 W. Church Street, Room 100 Ozark, MO 65721 Telephone: (417) 581-2112 Facsimile: (417) 581-8331 Email: christiancountvcommission@christiancountvmo.org Garrison Special Road District ATTENTION: Mike Mitchell 690 Mitchell Lane Chadwick, Mo 65629 --1-- a IN WITNESS WHEREOF, Christian County, Missouri, acting through its County Commission, and the Garrison Special Road District have caused this IGA to be duly executed by their proper officers, duly authorized by their respective Commission or Board, as of the day and year first written above, and hereby further agree that this IGA shall be binding upon the parties hereto, their respective representatives, successors and assigns. CHRISTIAN COUNTY, MISSOURI, GARRISON SPECIAL ROAD DISTRICT BY AND THROUGH ITS CHRISTIAN COUNTY COMMISSION By: 74 44%# 11 , Chairman of the Lou,Lapaglia, preRlir#Commissioner Board of Directors --- Address: 60 /11,1-04€ U LI»e By: Ag berl) r Cm•D k,; CK , MO 65721 Tom Huff. Eastern Commissioner n f a By.. /3 .07 00/wd«-- ATTEST: Bill Barnett, Western Commissioner Address: LityUL..to 100 W. Church Street, Room 100 Ozark, MO 65721 U f-+4 ss ,-9#.efe# COUNTY CLERK: By: 14 2' Kay Bi-own APPROVEAE T007!M By: , lus'&;L-1 John W Cobnt/dbunselor 0 23385-000\489749.doc ,k INTERGOVERNMENTAL AGREEMENT 7/ ·k,THIS INT#RGOVENMENTAL AGREEMENT ("IGA"), made and entered into this OV day of DA,u' , 2012, by and between the CHRIST{AN COUNTY, MISSOURI, a second class county d# the State of Missouri, acting by and through its County Commission (hereinafter referred to as "County") and the CITY OF SPARTA, a municipal corporation of the State of Missouri (hereinafter referred to as "City"), for the purpose of promoting the improvement and maintenance of the County's network of roads. WITNESSETH: WHEREAS, Article VI, Section 16 of the Missouri Constitution and Missouri Revised Statute Section 70.220, authorize any municipality, special road district, or county to contract and cooperate with other political subdivisions of this state for the planning, development, construction, acquisition or operation of any public improvement or facility or common service and this IGA represents an excellent opportunity for the County and the City to work cooperatively for the common good of improving the network of roads in Christian County to facilitate economic activity, public safety, emergency response and the quality of life of their citizens: and WHEREAS, it would be to the benefit of cities and special road districts in Christian County for the County to distribute a portion of the County's general revenue sales taxes and the countywide sales tax earmarked for road and bridge improvements and maintenance in accordance with the funding formula set forth in the County Commission's Order of June 25, 2012; and WHEREAS, the City has agreed that it will utilize the sales tax revenues distributed to it by the County for the exclusive purpose of constructing and maintaining those roads and bridges within its jurisdiction. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, the County and the City agree as follows: 1. The County agrees to distribute to the City, on a monthly .basis, a portion of the countywide general sales tax adopted in 1996 and the countywide sales tax earmarked for road and bridge improvements, + maintenance, and operations adopted in 1997 that the County receives, in accordance with the percentage attributable to said City as described in the County Commission's Order dated June 25, 2012, a copy of which is attached hereto as Exhibit A and incorporated herein. 2. Term. This Agreement shall commence on the date of execution by authorized officials for the County and the City and will continue in effect until the County Commission establishes its 2013 budget in January of 2013. 3. Use of County Revenue. The City agrees to expend all sales tax revenues received from the County pursuant to this Agreement exclusively for the costs of labor and materials expended on the construction or maintenance of roads and/or bridges in the City's jurisdiction. 4. Indemnification. To the extent allowed or imposed by law, the City shall defend, indemnify and hold harmless the Countyj including its elected officials and employees from and any claim, liabilities, damages, causes of action, judgments, costs and expenses, whether based on claim for damages to real or personal property or to a person·for any matter relating to or arising out of the City's wrongful or negligence performance of its obligations under this Agreement. In no event shall the language of this Agreement constitute or be construed as a waiver or limitation of either party's rights or defenses with regard to each party's applicable sovereign, governmental or official immunities and protections as provided by federal and states constitutional law. 5. General Independent Contractor Clause. The Cbunty and the City who are parties to this Agreement are each separate and independent political subdivisions of the state and, as such, the County and the City each retain their own identity and each is responsible for its awn policies and activities. This Agreement shall not be construed as creating a joint venture between the County or the City. 6. Accounting and Access to Records. The City shall provide written documentation to the County identifying the specific roads or bridges county sales taxes received pursuant to this Agreement were expended upon and shall maintain all records relating to the receipts and expenditures of County sales taxes by the City pursuant to this Agreement, including, but not limited to, invoices, receipts, payrolls, bank statements, contract documentation and other records, sufficient to verify the County sales +tax proceeds were expended by the City exclusively for road and bridge improvements, maintenance, or operations within the City's jurisdiction. The road and/or bridge project descriptions and accounting records shall be. supplied to the County Auditor, at no charge, on a quarterly basis during the period of this Agreement. The first report shall be due October 1,201.2.' The City shall also provide the County Auditor any other financial records or documentation as she deems necessary to verify that the funds disbursed by the County to the City have been spent exclusively for road and bridge improvements or maintenance. 7. Miscellaneous. a. The City agrees to pass such ordinances as may be necessary to implement the terms and conditions of this IGA. b. This Agreement sets forth the entire agreement between the parties and fully supersedes any and all prior and/or other contemporaneous r A agreements or understandings between the parties which pertain to the subject matter hereof. c. This Agreement may only be modified by a written instrument executed by the parties hereto. d. This Agreement may be executed in two or more counterparts, each of which .shall be deemed an original, but all of which together shall constitute one and the same document. 8. Notices. All notices, demands, and approvals required under this Agreement may be personally delivered or sent by certified mail, postage prepaid, return receipt requested, addressed to the individuals identified in the heading of this IGA, or to their successors, at the addresses listed below: Christian County Commission ATTENTION: Lou Lapaglia, Presiding Commissioner Christian County Commission 100 W. Church Street, Room 100 Ozark, MO 65721 Telephone: (417) 581-2112 Facsimile: (417) 581-8331 Email: christiancountycommission@christiancountvmo.org City of Sparta, Missouri ATTENTION: Jova Cave P.O. Box 246 Sparta, MO 65753 IN WITNESS WHEREOF, Christian County, Missouri, acting through its County Commission, and the City of Sparta have caused this IGA to be duly executed by their proper officers, duly authorized by their respective Commission or Board, as of the day and year first written above, and hereby further agree that this IGA shall be binding upon the parties hereto, their respective representatives, successors and.assigns. · CHRISTIAN COUNTY, MISSOURI, CITY OF SPARTA, MISSOURI BY AND THROUGH ITS a Municipal Corporation of the State of CHRISTIAN COUNTY COMMISSION Missouri A Byng#;02<#; e i L.-*LL.-- Mly[apaglia, Pe issioner U' U RVIE 1 Mayor Address: fo 8 0* iNG 346 Huff, Eastern Commissioner SP#gy» ,MO 65721 Br. 10 4/ID & 1 GANLf - Bill Barnett, WeAfern Commissioner ATTEST: Address: 100 W. Church Street, Room 100 61%*.* 011* Ozark, MO 65721 M le.M!11 f 1/1/Lit% 5 at§ Clerk COUNTY CLERK: By: <41 0·'ZoN Kaybrowd APPROVE[[Al/*ORM: By: John W. H ey, u nty Counselor 23385-000\ 489677.2.doc 9 1 A.,=% e INTERGOVERNMENTAL AGREEMENT THIS0FERG0VERNMENTALAGREEMENT CIGAD, made and entered into this 50 day of (44 J, 2012. by and between the CHRISTIAN COUNTY, MISSOURI, a second class county ofthe state of Missouri, actingbyand through its County Commission (hereinafter referred to as "County') and the SeImore Special Road District, a special road district organized pursuant to Missouri Revised Statutes, Section 233.170 (hereinafter referred to as "Special Road District"), for the purpose of the improvement and maintenance of the County's network of roads. WITNESSETH: WHEREAS, Article VI, Section 16 of the Missouri Constitution and Missouri Statute Section 70.220, authorize any municipality, special road district, or county to contract and cooperate with other political subdivisions of this state for the planning development, construction, acquisition or operation of any public improvement or facility or common service and this IGA represents an excellent opportunity for the County and Special Road District to work cooperatively for the common good ofimproving the network ofroads in Christian County to facilitate economic activity, public safety, emergency response and the quality of life oftheir citizens; and WHEREAS, it would be to the benefit ofcities and special road districts in Christian County for the County to distribute a portion of the County's general revenue sales taxes and the countywide sales tax earmarked for road and bridge improvements and maintenance in accordance with the funding formula set forth in the County Commission's Order orjune 25,2012; and WHEREAS, Special Road District has agreed that it will utilize the sales tax revenues distributed to it by the County for the exclusive purpose of constructing and maintaining those roads and bridges within its jurisdiction. NOW, THEREFORE, in consideration ofthe mutual covenants and agreements herein set forth, the County and Special Road Districtagree as follows: 1. The county agrees to distribute to the Special Road District on a monthly basis, a portion o f the countywide general sales tax adopted in 1996 and the coungwide sales tax earmarked for road and bridge improvements, maintenance, and operations adopted in 1997 that the County receives, in accordance with the percentage attributable to said Special Road District as described in the County Commission's Order dated June 25, 2012, a copy of which is attached hereto as Exhibit A and incorporated herein. 2. Term. This Agreement shall commence on the date of execution by authorized officials for the County and the Special Road District and will .. 1. 42 e continue in effect until the County Commission establishes its 2013 budget in January of 2013. 3. Use-Q{Colintv_Revenues. The Special Road District agrees to expend all sales tax revenues received from the County pursuantto this Agreement upon all lawful purposes ofthe Special Road District 4. Indemnification, To the extent allowed or imposed by law, Special road District shall defend, indemnify and hold harmless the County, including its elected officials and employees from and any claim, liabilities, damages, causes of action, judgments, costs and expenses, whether based on claim for damages to, real or personal property or to a person for any matter relating to or arising out of the Special Road District's wrongful conduct or negligence performance or its obligations under this Agreement. To the extent allowed or imposed by law, County shall defend, indemnify and hold harmless the Special Road District, including its elected officials and employees from and any claim, liabilities, damages. causes ofaction, judgments, costs and expenses, whether based on claim for damages to, real or personal property or to a person for any matter relating to or arising out of the County's wrongful conduct or negligence performance or its obligations under this Agreement In no event shall the language of this Agreement constitute or be construed as a waiver or limitation of either party's rights or defenses with regard to each party's applicable sovereign, governmental orofficialimmunities and protections as providedby federal andstates constitutionallaw. 5. Seneral Indevendent Contractor Clause. The Counly and the Special Road District who are parties to this Agreement are each separate and independent political subdivisions of the state and, as such, the County and the Special Road District each retain their own identify and each is responsible for its own policies and activities. This Agreementshall notbe construed as creating a joint venture between the County and the Special Road District 6. Accounting and Access to Records, The Special Road District shall provide written documentation to the County identifying the specific roads or bridges county sales taxes received pursuant to this Agreement were expended upon and shall maintain all records relating to the receipts and expenditures of County sales taxes by Special Road District pursuant to this Agreement, including, but not limited to,invoices, receipts, payrolls, bank statements, contract documentation and other records, sumcient to verify ., 1, .r V 4, the County sales tax proceeds were expended by the Special Road District only for lawful purposes of the Special Road District The road and/or bridge project descriptions and accounting records shall be supplied to the County Auditor, at no charge, on a quarterly basis during the period ofthis Agreement. The first reportshall be due October 1, 2012. 'The Special Road District shall also provide the County Auditor any other finandal records or documentation as she deems necessaryto verifythatthe funds disbursed by the County to Special Road District have been spent only for lawful purposes ofthe Special Road District. 7. Miscellaneous. a. The Special Road District agrees to pass such ordinances as may be necessary to implementthe terms and conditions ofthis IGA. b. This Agreementsets forth the entire agreement between the parties and fully supersedes any and all prior and/or other contemporaneous agreements or understandings between the parties which pertain to this subject matter hereof. c. This Agreement may only be modified bya written instrument executed by the parties hereto. d. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. 8. Notices. Ali notices, demands and approvals required under this Agreement may be personally delivered or sentby certified mail, postage prepaid, return receipt requested, addressed to the individuals identified in the heading of this IGA, or to their successors, at the addresses listed below: Christian County Commission ATTENTION: Lou Lapaglia, Presiding Commissioner Christjan County Commission 100 W. Church Street Room 100 Ozark MO 65721 Telephone: (417) 581-2112 Facsimile: 017-581-8331 Email: countycommissionchristiancountymo.org SELMORE SPECIAL ROAD DISTRICT ATTENTION:-ELZA-1-1r!44£.LL 3-1.< ff ts,M.,cu <7 Cg=AR* Mo Ar-7 11 1 1 1 Client Authorized Signatures: CHRISTIAN COUNTY, MISSOIn" DATED: f- 3 0 -1 104 al 0 l A <"hic-ip. H'ba/:L-7..... 'llu Lapaglia, Pr2§0d*0'Commissioner -- VV DATED·. 3 -3041 6.20 2-d Bill Barnett, Western Commissioner DATED: i/- 4 /3-4 _ 20/ 17.- 1 1 Ray Wet¢ Eastern Commikioner COUNTY CLERK: Ka)>Brotn Auditor Certification: I certify that the expenditure contemplated by this document is within the purpose ofthe appropriation to which it is to be charged and that there is an unencumbered balance of anticipated revenue appropriated for payment of same. Susan G. "Sam" Yarnell Christian County Auditor APPROVED AS TO FORM: John W. Housley, Attorney at Law 901 St. Louis Street 20th Floor Springfield, MO 65806 Phone: 417-866-7777 Fax: 417-866-1752 IN WITNESS WHEREOF, Christian County, Missouri, acting through its County Commission, andthe SeImore Special Road Districthave caused this IGA tobe duly executedby theirproperofficers, duly authorizedbytheirrespective Commission or Board, as ofthe dayandyear first written above, andhereby furtheragreethat this IGA shall be binding upon the parties hereto, their respective representatives, successors and assigns. CHRISTIAN COUNTY, MISSOURI, SELMORE SPECIAL ROAD DISTRICT BY AND THROUGH ITS BY AND THROUGH ITS HRIST!COUNTY COMMISSfON C SPECIALROAD DISTRICPIOMMISSION B t By: 4 '.. 0 7 ou Lapaglia, Presidg (Unmissio L ner Commissioner By. \41 (LL.,ul Stct- By: /;Li gy"' -lan,Huff, Eastern Commissioner Commissioner By: Bill Barnett Western Commissioner Bal 0.,A/) l,Q-15 J 100 W. Church Street Room 100 Commissioner Ozark MO 65721 ATTEST: COUNTY CLERK: COUNTY CLERK: 9 By· 4 40,• K il€J'By: Kay Brown Kay Brown ?POVED AS957 BY:, .1010 Hods ke#-Crmitv -966*setor