[Ord. No. 438 §1, 8-24-1999]
There is hereby levied on all residential property having six (6) or less dwelling units an annual fee as set out in Section 130.260 of this Code to be used for the repair of lateral sewer service lines for residential property having six (6) or less dwelling units. A charge as set out in Section 130.260 of this Code shall be assessed against each said residential property quarterly.
[Ord. No. 438 §§2 —
3, 8-24-1999]
A.
The Mayor
of the City of Greendale is hereby authorized and directed to enter
into and execute a contract with St. Louis County, Missouri, whereby
the County, by and through its Department of Revenue, shall collect
the current and delinquent fees for repair of lateral sewer service
lines for the City of Greendale and in addition thereto shall collect
penalties and/or interest equal to the maximum amount provided by
law.
B.
The contract
authorized by this Article for the collection of fees for repair of
lateral sewer service lines for the City of Greendale by St. Louis
County, Missouri, and which provides for the service under such contract
to be rendered by the County to the City of Greendale and which further
provides for the payment for such services to the County per said
contract is hereby adopted and incorporated by reference herein and
made a part hereof.
[Ord. No. 449 §1, 9-26-2000]
There is hereby established a sewer lateral repair program for
the City of Greendale, Missouri, to be administered for the City of
Greendale by St. Louis County as set out hereinafter.
[Ord. No. 449 §2, 9-26-2000]
The following terms shall have the meanings given them by this
Section:
The St. Louis County Department of Public Works.
The St. Louis County Director of Public Works or his/her
designee.
Real estate identified by a single locator number which is
assessed as residential by the Assessor of Revenue and which contains
six (6) or less dwelling units.
That portion of a residential property's sanitary sewer piping
that runs between the foundation of the residence and a sewer main
or private sewage disposal field, not including treatment tanks, pumps
or other equipment.
The patching or replacement of a defective sewer lateral
line, including associated digging and the replacement of dirt and
seeding of affected areas. Sewer lateral repair shall not include
replacement of landscaping or ornamental structures but shall include
replacement of structural facilities required for safe occupancy of
a residence or safe use of property.
[Ord. No. 449 §3, 9-26-2000]
The Treasurer for the City of Greendale is hereby authorized
and directed to establish a separate account with an appropriate banking
institution titled "City of Greendale Sewer Lateral Repair Fund" into
which shall be deposited all monies collected for sewer lateral repairs
pursuant to Sections 249.422 and 249.423, RSMo. All of said monies
received, together with all interest generated on deposited funds,
shall stand appropriated upon receipt for payment of costs reasonably
associated with and necessary to administer and carry out lateral
sewer line repairs provided for by the sewer lateral repair program.
The Accounting Officer for St. Louis County shall administer and disburse
funds from this fund upon the authorization of the Director of Public
Works for St. Louis County. Procedures for administration and disbursement
shall be established by the Accounting Officer and/or the Director
of Public Works which may include the transfer of funds from the City
of Greendale Sewer Lateral Repair Fund to a similar fund established
by St. Louis County, and the same is hereby approved and authorized.
[Ord. No. 449 §4, 9-26-2000]
A.
Persons
who wish to participate in the sewer lateral repair program shall
complete an application on forms to be created and provided by the
department. In order to be eligible for participation in the program,
applicant shall:
1.
Provide
satisfactory proof of ownership, or consent to repair by the owner(s),
of all premises on, over and under which sewer lateral repairs are
to be effected.
2.
Provide
written certification that neither the applicant(s), the owner(s)
nor anyone on their behalf will make any claim against or seek any
relief from either St. Louis County or the City of Greendale arising
out of or in connection with any work done or any action taken in
connection with the sewer lateral repair program. Applicant shall
further certify applicant's acknowledgment that neither St. Louis
County nor the City of Greendale is responsible for the acts of the
contractor making the sewer lateral repairs and that applicant shall
indemnify both St. Louis County and the City of Greendale and hold
St. Louis County and the City of Greendale harmless from any and all
claims arising out of the applicant's participation in, and work performed
and actions taken in connection with, the sewer lateral repair program.
3.
Provide
written certification of a properly licensed master plumber or master
drainlayer that the sewer lateral has been cabled and that cabling
did not resolve the problem.
4.
Provide
a written statement from a properly licensed master plumber or master
drainlayer advising of the nature and location of the problem in such
detail that Director may adequately determine both the nature of the
problem and the bidding requirements for sewer lateral repair.
5.
Certify
that applicant has the authority to and does consent to the performance
of sewer lateral repair work on and about the property described in
the application, that applicant will not interfere with the work to
be performed by the contractor selected by Director, and that applicant
shall reimburse St. Louis County and the City of Greendale for all
expenses incurred by St. Louis County and the City of Greendale on
applicant's behalf in the event that applicant withdraws permission
to proceed or otherwise interferes with performance of work authorized
under this program.
6.
Certify
that applicant understands and acknowledges that sewer lateral repair
includes only the patching or replacement of a defective sewer lateral
line, including associated digging and the replacement of dirt and
seeding of affected areas and does not include replacement of landscaping
or ornamental structures but only replacement of structural facilities
required for safe occupancy of a residence of safe use of property.
[Ord. No. 449 §5, 9-26-2000]
A.
The department
shall maintain a list of licensed sewer lateral repair contractors
(repair list), to be updated periodically, in accordance with standards
promulgated by the Director in the rules and regulations authorized
in Section 1111.100 of the St. Louis County ordinances. Director may
remove the name of any contractor from the list for up to six (6)
months for documented cause, including failure to respond to previous
bid requests; failure to enter into a contract after selection; failure
to perform work in a timely or professional manner; failure to maintain
required licenses, bonds or insurance; failure to comply with the
Director's rules and regulations; or poor occupational health and
safety compliance.
B.
Upon
determination by the Director that an applicant is eligible to participate
in the sewer lateral repair program, Director shall contact a sufficient
number of contractors on the repair list so that a minimum of three
(3) competitive bids will be secured for each repair project, except
that the Director may in his/her discretion combine two (2) or more
repair projects under one (1) bid. The contractors to be contacted
shall be selected on a random basis in accordance with the rules and
regulations referenced in Section 1111.100 of the St. Louis County
ordinances.
C.
If the
Director determines after a reasonable effort to solicit bids or because
of emergency conditions that it is not practicable to secure three
(3) competitive bids, he/she shall prepare a full and complete statement
of the reasons therefor, including the names of all contractors contacted,
and shall file same with the other papers relating to the transaction.
[Ord. No. 449 §6, 9-26-2000]
A.
All bids
shall be submitted sealed to the Director and shall be identified
as bids on the envelope. The Director shall have the authority to
reject all bids, parts of all bids, or bids for any one (1) or more
supplies or contractual services included in the proposed contract
when the public interest will be served thereby.
B.
Contracts
shall be awarded to the lowest responsible bidder. In determining
"lowest responsible bidder", in addition to price, the Director shall
consider: the ability, capacity or skill of the bidder to perform
the contract or provide the service required; whether the bidder can
perform the contract or provide the service promptly or within the
time specified without delay or interference; the character, integrity,
reputation, judgment, experience and efficiency of the bidder; the
quality of performance of previous contracts or services; the previous
and existing compliance by the bidder with laws and ordinances relating
to the contract or service; the sufficiency of the financial resources
and ability of the bidder to perform the contract or provide the services;
the quality, availability of the supplies, or contractual services
to the particular use required; the ability of the bidder to provide
future maintenance and service for the use of the subject to the contract;
and the number and scope of conditions attached to the bid. When the
award is not given to the lowest bidder, a full and complete statement
of the reasons for placing the order elsewhere shall be prepared by
the Director, along with the concurrence of the County Counselor as
to all bids in excess of twenty-five thousand dollars ($25,000.00),
and filed with the other papers relating to the transaction. If two
(2) or more bidders tie for low bid and elements of time or responsibility
of the bidders are not sufficient to justify the award to one (1)
of the tie bidders, the Director shall award the contract to one (1)
of the tie bidders by drawing lots in the presence of the County Clerk
or his/her duly authorized representative in public.
[Ord. No. 449 §7, 9-26-2000]
A.
The Director
of Public Works is authorized to enter into contracts with licensed
sewer lateral repair contractors selected pursuant to Section 1111.060
of the St. Louis County ordinances subject to approval by the Accounting
Officer for St. Louis County and approval as to legal form by the
County Counselor for sewer lateral repairs authorized under the sewer
lateral repair program. All such contracts shall provide that:
1.
Contractor
shall have and maintain in appropriate amounts as required by Director:
2.
Applicants
on whose property work is to be performed are acknowledged to be intended
third-party beneficiaries under the contract.
3.
Contractor
shall be responsible for securing all required permits.
4.
Contractor
shall be paid only upon satisfactory completion of the work and approval
by all relevant agencies, including as appropriate the Metropolitan
St. Louis Sewer District, the State Highway Department, the St. Louis
County Department of Highways and Traffic and the Department of Public
Works.
5.
Contractor
in performing the contract shall not discriminate against any employee
or employment applicant based on race, gender, age or religion.
[Ord. No. 449 §8, 9-26-2000]
A.
In the
event sewage becomes backed up in a residence at a time outside of
normal business hours, a person who wishes to participate in the sewer
lateral repair program may contact any contractor on Director's repair
list and arrange for the performance of such work as may be necessary
to relieve the immediate emergency. Director shall authorize reasonable
compensation to such contractor for emergency repairs, but only after
a timely application for participation in the sewer lateral repair
program has been accepted by the Director under Section 1111.040 of
the St. Louis County ordinances and the contractor further certifies
that a sewage backup existed.
B.
Director may in his/her discretion authorize the performance of necessary sewer lateral repairs by the same contractor who performs emergency repair work under Subsection (A) herein, without seeking additional bids for such repairs, in the event Director makes a written determination that the amount to be paid for total repairs is reasonable and that use of the same contractor would promote efficiency of service to the applicant.
[Ord. No. 449 §9, 9-26-2000; Ord. No. 570 §1, 8-21-2007]
Administration of the sewer lateral repair program shall be
contingent upon the availability of funding collected or anticipated
to be collected pursuant to the fifty dollar ($50.00) yearly fee of
the St. Louis County ordinances, as amended, and authorized by Section
249.422, RSMo.
[Ord. No. 449 §10, 9-26-2000]
The Director shall promulgate rules and regulations to carry
out the purposes and intent of the sewer lateral repair program to
protect the public safety, health and welfare and to administer the
program in an effective, efficient and timely manner. All rules and
regulations shall be filed with the Administrative Director after
being first approved by order of the St. Louis County Council.
[Ord. No. 449 §11, 9-26-2000]
The St. Louis County sewer lateral repair program rules and
regulations approved by St. Louis County pursuant to St. Louis County
Ordinance No. 19,701 and which are currently in effect are hereby
adopted as the City of Greendale sewer lateral repair program rules
and regulations as if fully set out herein.
[Ord. No. 449 §12, 9-26-2000]
It is the intent herein to enact this Chapter establishing a
sewer lateral repair program to be administered by the St. Louis County
Government and it is further intended that this Chapter be identical
to Ordinance No. 19,701 of the St. Louis County ordinances. Ordinance
No. 19,701 of the St. Louis County ordinances shall supersede this
Chapter or any part of this Chapter, which is in conflict therewith,
to the extent of such conflict.
