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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