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HomeMy Public PortalAbout03541 O R D I N A N C E NO. 3541 AN ORDINANCE, authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to execute an Agreement with the City of Manchester, Missouri, whereby the District will operate and maintain the sanitary sewer system, pumping and treatment facilities which are presently owned by said City. WHEREAS, the City of Manchester, Missouri is desirous of having The Metropolitan St. Louis Sewer District operate and maintain the sanitary sewer system, pumping and treatment facilities which are presently owned by said City, and WHEREAS, The Metropolitan St. Louis Sewer District is willing to operate and maintain said sanitary sewer system, pumping and treatment facilities, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. The Executive Director and Secretary- Treasurer are hereby authorized on behalf of The Metropolitan St. Louis Sewer District to execute an Agreement with the City of Manchester, Missouri, whereby the District will operate and maintain the sanitary sewer system, pumping and treatment facilities which are presently owned by said City, in the form as attached hereto. Section Two. The operation and maintenance of the sanitary sewer system, pumping and treatment facilities as authorized by this Ordinance are necessary for the protection of the public health, and it is necessary that the District assume said operation and maintenance without delay, thus creating an emergency within the meaning of the Plan. Accordingly, this Ordinance shall take effect immediately upon its enactment. The foregoing Ordinance was adopted July 3, 1978. -2- OPERATING AND MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into as of this 1st day of July, 1978, by and between THE CITY OF MANCHESTER, MISSOURI, hereinafter called "City" and THE METROPOLITAN ST. LOUIS SEWER DISTRICT, a municipal corporation and political subdivision of the State of Missouri, hereinafter called the "District". WITNESSETH: WHEREAS, the City is desirous of having the District operate and maintain the sanitary sewer system, pumping and treatment facilities which are presently owned by the City, and, WHEREAS, the District is willing to operate and maintain said sanitary sewer system, pumping and treatment facilities which are presently owned by the City, subject to the conditions and covenants hereinafter set forth: NOW, THEREFORE, in consideration of the mutual promises exchanged herein and the mutual benefits accruing to each of the parties hereto, the parties hereby agree as follows: 1. The City does hereby agree to establish by appropriate ordinance, rates for sewer services to be provided pursuant to this Agreement so that each single-family dwelling shall pay to the City the sum of Nineteen Dollars and Fifty Cents ($19.50) every six (6) months and so that each multi-family dwelling or other metered commercial account shall pay to the City according to the following schedule: WATER CONSUMPTION RATE EACH SIX MONTHS PREVIOUS SIX MONTHS PER 100 CUBIC FEET (Ccf = 100 cubic feet) Minimum Charge $19.50 First 50 Ccf Minimum Next 450 Ccf $0.40 All Over 500 Ccf 0.38 2. The District hereby agrees to operate and maintain the sanitary sewer system, pumping and treatment facilities which are presently owned by the City in accordance with this Agreement, and in consideration thereof, the City agrees to assign and pay to the District all amounts collected for sewer services pursuant to the fee schedules established pursuant to this Agreement. 3. The City agrees to enact an ordinance authorizing the execution of this Agreement and also authorizing the District to bill and collect the aforementioned fees on a semi-annual basis on behalf of the City and as agent for and representative of the City. 4. The City agrees that it shall increase the fees as herein specified upon the request of the District after the first year of this Agreement but by an amount not more than ten percent (10%) of the fees charged during the prior year of this Agreement. 5. The District agrees that it shall be solely responsible for and will pay for all utilities including but not limited to electric and water service associated with the operation and maintenance of said system and facilities. 6. The District agrees that it shall be solely responsible for and pay all labor costs, ordinary and -2- extraordinary, incurred in connection with the operation and maintenance of said system and facilities. Further, the District shall employ the operator of the sewage treatment plant, who is currently employed by the City, provided said employee can meet the Civil Service standards of the District. 7. The District shall provide emergency service to the City in the same manner and to the same extent as it presently provides for the sewer systems it presently owns and operates. 8. The District and the City agree that they shall continue to cooperate in securing grants to make any necessary improvements for the sanitary sewer system within the City. The District shall assist the City in securing any state and federal grants for which the City is eligible. 9. The parties agree that the costs associated with any capital improvements required of the system shall be the sole responsibility of the City; the costs associated with ordinary and routine maintenance and repair of the system shall be the sole responsibility of the District; all other maintenance and repairs shall be the sole responsibility of the City and shall be performed only upon the City's prior authorization. For the purposes of this Agreement, ordinary and routine maintenance and repairs shall be any maintenance and repair not exceeding Five Thousand Dollars ($5,000.00) for each, such maintenance and repair. 10. The District and the City agree to cooperate so that the sanitary sewer system of the City may be incorporated into the regional system of the Meramec River watershed, in -3- order to remove all pollution or threats of pollution from the Grand Glaize Creek. 11. This Agreement shall be for an initial term of two (2) years from the date of execution. The terms herein may be extended or renegotiated at the end of said initial term. This Agreement may not be terminated during its initial term, but after said initial term either party hereto may terminate the Agreement upon one year's written notice to the other party. IN WITNESS WHEREOF, the parties hereto have set their hands on the day and year first above written. THE CITY OF MANCHESTER, MISSOURI By ________________________________ Mayor ATTEST: _____________________________ City Administrator/Clerk THE METROPOLITAN ST. LOUIS SEWER DISTRICT By ________________________________ Executive Director ATTEST: _____________________________ Secretary-Treasurer -4-