HomeMy Public PortalAbout05178 O R D I N A N C E NO. 5178
AN ORDINANCE, authorizing and directing the Executive
Director and Secretary-Treasurer on behalf of The Metropolitan St.
Louis Sewer District to execute an Agreement with the City of
Ellisville, Missouri, whereby the District will accept, operate,
and maintain the sanitary sewer system, pumping facilities, and
appurtenances which are presently owned and operated by said City.
WHEREAS, the City of Ellisville, Missouri is desirous
of transferring to and having The Metropolitan St. Louis Sewer
District operate and maintain the sanitary sewer system pumping
facilities, and appurtenances which are presently owned by said
City, and
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 and directed on behalf of The
Metropolitan St. Louis Sewer District to execute an Agreement with
the City of Ellisville, Missouri, whereby the District will
accept, operate, and maintain the sanitary sewer system, pumping
facilities, and appurtenances which are presently owned and
operated by said City.
Section Two. The Agreement authorized in Section One
of this Ordinance shall be comprised of such terms and conditions
as are approved by the Assistant Executive Director and General
Counsel of the District.
The foregoing Ordinance was adopted July 27, 1983. AGREEMENT
This Agreement made and entered into as of this 24th
day of June, 1983, by and between the City of Ellisville, Missouri
(hereinafter called the "City"), and the Metropolitan St. Louis
Sewer District, a municipal corporation and political subdivision
of the State of Missouri (hereinafter called the "District") :
W I T N E S S E T H:
WHEREAS, the City is desirous of transferring to and
having the District operate and maintain the sanitary sewer
system, pumping facilities, and appurtenances, which are presently
owned and operated by the City, and provide sewage treatment for
the residents of the City, and
WHEREAS, the District is willing to accept, operate and
maintain said sanitary sewer system, pumping facilities, and
appurtenances, which are presently owned by the City, and provide
sewage treatment for the residents of the City,
NOW, THEREFORE, in consideration of mutual promises
exchanged herein and the mutual benefits accruing to each of the
parties hereto, the parties hereby agree as follows:
1. The City shall dedicate and transfer to the
District all of the sanitary sewer system, pumping facilities, and
appurtenances, which are presently owned by the City effective
July 1, 1984, subject to the following conditions and covenants:
(a) The dedication or transfer shall not be made until
after the City receives payment on the grant agreement between it,
the State of Missouri, and the United States Environmental
Protection Agency; and
(b) The City shall retain title to all real property
owned by it upon which such facilities are located, provided,
however, that the City shall provide to the District all necessary
easements for its operation, maintenance, replacement and repair
of the facilities.
2. On or before July 1, 1984, the District shall
construct the necessary facilities to connect the sanitary sewer
system owned by the City to the system owned and operated by the
District.
3. Upon dedication and acceptance, the District shall
charge as a base rate the rate set forth in its proposed user
charge ordinance approved by the Missouri Department of Natural
Resources and the United States Environmental Protection Agency.
The proposed rates effective July 1, 1984 are:
(a) For each single-family residence: A charge of $23.10 for each six month period, whether or not the water supply is metered. A single family residence as used herein is defined as premises used as a dwelling by one family only. (b)For each family unit of a multifamily building or structure: A charge of $17.35 for each six month period per family or dwelling unit whether or not the water supply is metered. A multifamily building or structure as used herein is defined as a dwelling under one roof for occupancy, including but not limited to flats, apartments, and the like.
(c) For commercial and industrial premises the follow- ing charges shall be made: User Charge Service charge: Each six months for all commercial and industrial customers $23.65 Volume charge: Each six months for all water consumption in previous six months $0.25/Ccf
For any commercial or industrial establishment that
discharges above normal sewage, a surcharge will be charged for
treating the extra strength waste.
4. The City shall cooperate with the District in
preventing excessive infiltration and inflow of stormwater into
the sanitary sewer system and in enforcement of the District's
Ordinance No. 4786 relating to uniform requirements for discharges
of residential, industrial, commercial, and semi-public waste into
the District's waste water system.
5. The City agrees to hold the District harmless from
any and all claims, demands. damages, causes of action by third
parties arising out of or related to sewer blockages, backups, or
other maintenance problems which occurred or may occur or arise
out of conditions in existence on or before the date of the
dedication or transfer of the sanitary sewer system and facilities
to the District.
This basic agreement signed by the City
Administrator/Treasurer on behalf of the City of Ellisville and
the Assistant Executive Director and General Counsel on behalf of
The Metropolitan St. Louis Sewer District sets out the basic
agreement negotiated between the parties and is agreed that it is
subject to final approval of the Board of Aldermen, City of
Ellisville, and the Board of Trustees, Metropolitan St. Louis
Sewer District , no later than the end of July, 1983.
IN WITNESS WHEREOF, the parties hereto have set their hands on the
day and year first above written.
ATTEST: CITY OF ELLISVILLE, MISSOURI
City Administrator/Treasurer ATTEST: METROPOLITAN ST. LOUIS SEWER DISTRICT _______________ By Secretary-Treasurer Assistant Executive Director and General Counsel