HomeMy Public PortalAbout00092 O R D I N A N C E NO. 92
AN ORDINANCE superseding in part Ordinance 45851 of the
City of St. Louis and indemnifying and holding harmless against
loss Town Service, Inc., of St. Louis, Missouri, under certain
terms of an agreement between the City of St. Louis and Town
Service, Inc., with an emergency clause.
WHEREAS, the City of St. Louis and Town and Service,
Inc., entered into an agreement, the terms of which are set forth
in Ordinance 45851 of the City of St. Louis, pursuant to which
Town Service, Inc. was granted permission to discharge into the
sewer system of the City of St. Louis the sanitary sewage and
storm water flow from certain tracts of land, described and
delineated in the said agreement and ordinance, and referred to
therein as "THE TRACTS"; and
WHEREAS, paragraph 17 of said agreement prohibits
connection to the sewers of "THE TRACTS" of sewers serving lands
outside of the boundaries thereof, and paragraph 23 provides for a
penalty for violation thereof, all as follows: "17. TOWN SERVICE further agrees that it will not permit any district, municipality, or any person or corporation outside of THE TRACTS' boundaries shown on Exhibit "A" to connect any sewer or sewer system to any sewer of THE TRACTS for drainage into the sewers of ST. LOUIS thereby, unless and until such district, municipality, person or cooperation shall have obtained from ST. LOUIS a permit therefor. "23. TOWN SERVICE agrees that at the time of the signing of this Agreement it will post a penal bond in the sum of Five Thousand Dollars ($5,000.00), in form to be approved by the City Counselor of ST. LOUIS and with a surety satisfaction to the Comptroller of ST. LOUIS. The condition of this bond shall be that in the event any illegal connection or connection not authorized by ST. LOUIS is made to THE TRACTS' sanitary or storm sewer systems, the principal amount of such bond shall be forfeited to ST. LOUIS. The
term "any illegal connection or connection not authorized by ST. LOUIS" shall be construed to mean:(1) any connection for property within THE TRACTS made to THE TRACTS' sanitary or storm sewer system without first having secured an instrument from the owner and all lien holders, if any, of the lot, parcel, or tract connected subjugating said lot, parcel, or tract to the prior charge of ST. LOUIS for connection and maintenance charges, and all future charges as provided by this Agreement; (2) any connection made with the consent of TOWN SERVICE to the TRACTS' sanitary or storm system for any lot, parcel, or tract not lying within the boundaries of THE TRACTS, which are shown on Exhibit "A" and more particularly described hereinbefore in this Agreement, but without the owners of said lot, parcel, or tract first obtaining the permission of ST. LOUIS for making such connection; or (3) and connection made with the consent of TOWN SERVICE to any sewer of THE TRACTS' sanitary sewer system or storm sewer system, existing or hereafter constructed, and not reported to ST. LOUIS as provided in the preceding paragraph. Wherever the word "connect" or "connection" is used herein, it shall be constructed to mean the actual physical connection to any sewer system, either a lined open channel or a closed sewer, constructed by TOWN SERVICE for drainage thereby into the Sewer System of St. Louis";
and
WHEREAS, The Metropolitan St. Louis Sewer District os
the successor in interest to the sewer facilities of the City of
St. Louis an is the real party in interest to the said agreement,
under Article 3 of the Plan of the District; and
WHEREAS, the Board finds it desirable to provide for
connection of sewers or sewer systems to serve lands lying outside
of the boundaries of the said TRACTS; and
WHEREAS, under the provisions of Section 12.060 of the
Plan of the District, said Ordinance 45851 of the City of St.
Louis remains in full force and effect until superseded by
ordinance of the District.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES
OF THE METROPOLITAN ST. LOUIS, SEWER DISTRICT:
Section One. Ordinance 45851 of the City of St. Louis
is hereby superseded in part by eliminating therefrom the
provisions of paragraph 17 and the provisions of paragraph 23 of
the Agreement which is set forth in said Ordinance.
Section Two. Town Service, Inc., of St. Louis,
Missouri, is hereby indemnified, and held harmless against loss,
against all claims, demands or penalties, of any nature
whatsoever, which may hereafter be asserted against it by the
City of St. Louis by any sewer connection or connections hereafter
made by the District in violation of that portion of Ordinance
45851 of the City of St. Louis which is superseded by the above
One Section hereof.
Section Three. No provision hereof shall be deemed to relieve
any person or cooperation, private or public, from the
requirements of the District with respect to the approval of plans
or designs of sewer or drainage facilities proposed to be
constructed or reconstructed within the District or with respect
to the inspection and supervision of work under construction or
constructed in accordance with plans and designs carrying the
approval of the District.
Section Four. The immediate construction of sewers to
connect with the sewer facilities of Town Service, Inc., being
necessary in order to protect the public health within the
District constitutes an emergency within the meaning of the Plan
of The Metropolitan St. Louis Sewer District and this Ordinance
shall take effect immediately upon its adoption.
The foregoing Ordinance was adopted July 30, 1956.