Article I Fees For Repair of Lateral Sewer Lines
Article II Sewer Lateral Repair Program
[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]
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.
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.
- RESIDENTIAL PROPERTY
- 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.
- SEWER LATERAL
- 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.
- SEWER LATERAL REPAIR
- 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]
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:
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.
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.
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.
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.
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.
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]
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.
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.
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]
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.
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]
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:
Contractor shall have and maintain in appropriate amounts as required by Director:
Applicants on whose property work is to be performed are acknowledged to be intended third-party beneficiaries under the contract.
Contractor shall be responsible for securing all required permits.
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.
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]
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.
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.