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HomeMy Public PortalAbout01060 REPEALED 3/13/74 BY ORDINANCE NO. 2553 O R D I N A N C E NO. 1060 AN ORDINANCE authorizing the Executive Director to enter into written contracts with municipalities, district, or other public agencies, individuals, or private corporations, or any of them for the maintenance by the District of common or joint sewers, drains, outlets, and disposal plants, and of individual sewerage facilities to abate or reduce the pollution of waters by the discharge of wastes, and providing for the terms thereof. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. Excluding those contracts heretofore provided for by Ordinance No. 340, and any other contracts over which the Board of Trustees retains administrative jurisdiction, the Executive Director is hereby authorized to enter into written contracts with municipalities, districts, or other public agencies, individuals, or private corporations, or any of them, for the maintenance by the District of common or joint sewers, drains, outlets, and disposal plants, and of individual sewerage facilities to abate or reduce the pollution of waters by the discharge of wastes. Such contracts shall be entered into only when the Executive Director determines that it is feasible for the District maintenance personnel and facilities to be so used. Section Two. The terms of this ordinance shall be considered to be a part of every such contract, whether or not 2 incorporated or expressed therein, and the party to the contract with the District shall be deemed to have assented and agreed to the terms of this ordinance upon entering into contract with the District, regardless of any conflict or inconsistency between such contract and this ordinance. Section Three. Unless such contract be individually or specially authorized by the Board of Trustees as a long-term one, the contract period shall not extend beyond one year from the date entered into; PROVIDED, however, that such contracts may be automatically renewable for their term from month to month or year to year, as the case may be, in the absence of advance notice of cancellation effective at the end of the then contract period given by either party to the other. Section Four. By reason of having entered into such contract, the District shall have the right to use the facilities comprehended therein for its public purposes upon such terms as may be agreed upon from time to time, and approved by the Board of Trustees, with respect to the increased capital costs to the owner of such facility, if any, which may result from such District use, as distinguished from the service provided by the District. Section Five. The contract payment shall be in an amount sufficient to compensate the District for the cost of providing the service, including all cost elements usually allocable thereto under prevailing cost accounting procedures. Section Six. The District shall in no event be deemed 3 to have assumed or to be liable for capital cost or expense incident to the operation, use, improvement, reconstruction, extension, or repair of the contract facilities other than as provided in Section Four of this ordinance. Section Seven. Every contract herein authorized shall contain suitable provisions to protect the District from liability or damages, as well as such other provisions as will effect the intentions of this ordinance. 4 The foregoing Ordinance was adopted October 17, 1963.