HomeMy Public PortalAbout02553 O R D I N A N C E NO. 2553
AN ORDINANCE, repealing Ordinance No. 1060, which
authorizes the Executive Director 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, and providing for the terms thereof, and enacting a new
ordinance on the same subject in lieu thereof.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section One. Ordinance No. 1060, as adopted October
17, 1963, is hereby repealed and a new ordinance in lieu thereof
hereby enacted without, however, altering or extinguishing any
legal relationships established by such ordinance.
Section Two. 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, and such
contract shall not become binding until approved by the Board of
Trustees of The Metropolitan St. Louis Sewer District.
Section Three. The terms of this Ordinance shall be
considered to be a part of every such contract, whether or not
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 Four. 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 Five. 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 Six. The contract payment shall be in an
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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 Seven. The District shall in no event be deemed
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 Five of this Ordinance.
Section Eight. 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. The foregoing Ordinance was adopted March 13, 1974.