§ 56-97. Agreements with connectors outside the city.

(a)

The mayor, upon recommendation of the manager of public works, is hereby authorized and empowered on behalf and in the name of the city, to make and enter into contracts for the carriage and treatment of sewage with persons, cities, towns and incorporated sewer districts and sanitation districts outside the geographical limits of the city, the United States of America and the state and agencies thereof having contractual arrangements with the city and from time to time to renegotiate existing and future contracts with respect thereto and enter into agreements supplementing or amending any such existing or future contract with any such person, city, town or agency, and the manager of public works may allow a connector, by written permit, to use the sanitary sewerage system of the city; provided, however, that:

(1)

No such contract or agreement shall impair the ability of the city properly to carry and treat the sanitary sewage furnished within the city;

(2)

Such contracts and agreements shall be subject to the rules and regulations heretofore or hereafter promulgated by the manager of public works with respect to the carriage and treatment of sewage from beyond the limits of the city;

(3)

The rates to be specified in all future contracts for such carriage and treatment of sewage shall be as specified and set forth in this division; and

(4)

All new contracts or changes to existing contracts shall require approval of the council by ordinance.

(b)

All contracts between the city for the carriage and treatment of sewage for persons, cities, towns and incorporated sewer districts and sanitation districts outside the limits of the city and for agencies of the United States of America which are in effect on the effective date of this section are hereby ratified and confirmed. Nothing in this section contained shall be construed to limit the authority of the officers of the city conferred and enjoined by the terms of this division.

(c)

Each connector shall promulgate, implement and operate under:

(1)

A sewer use ordinance or other legally binding requirement;

(2)

A user charge system which is based on either actual use or ad valorem taxes; and

(3)

An industrial cost recovery system;

All of which shall be in conformance with, and shall have been approved and certified in writing by the U.S. Environmental Protection Agency (EPA) as being in conformance with the Federal Water Pollution Control Act (Pub. L. 92-500) and the Clean Water Act of 1977 (Pub. L. 95-217) of the United States of America and the implementing Rules and Regulations of EPA as may be promulgated from time to time.

(Code 1950, § 167.6; Ord. No. 49-80, § 6, 1-28-80)