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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 Ordinance No. 1060, as adopted October 17, 1963, is hereby repealed and a new ordinance in lieu thereof hereby enacted without, however, altering or extinguishing any legal relationships established by such ordinance.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 3 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.