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HomeMy Public PortalAbout00149 O R D I N A N C E NO. 149 AN ORDINANCE prescribing the terms and conditions upon which private sewers may be constructed and dedicated to the District, and the terms and conditions upon which owners of property hereafter connected to privately constructed sewers may be required to participate in the cost of such privately constructed sewers. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METRO- POLITAN ST. LOUIS SEWER DISTRICT: Section One. Upon receipt of any petition or application for the construction of sewers to serve an area with the District, the Executive Director shall cause to be examined such petition or application, and shall make such additional investigation as may be necessary to determine whether it is in the public interest for the District to construct, or cause to be constructed, such sewers, or the public interest would better be served by permitting such sewers to be constructed by others. He shall report his findings to the Board with his recommendation as to the method to be utilized in paying for such construction. The Board shall approve, revise, or disapprove such recommendation, and the Executive Director shall proceed in accordance with such Board action. Section Two. In all cases where the Board, acting under and pursuant to Section One of this Ordinance, shall authorize construction of sewers by a private party, the District shall: (a) determine the boundaries and area of the entire watershed which 2 will be served by such sewer or sewers and the proportion of such area covered by the property of the applicant; (b) enter into an agreement with the applicant, which agreement shall provide that the applicant shall, at his own cost and expense; (1) cause plans to be prepared for the construction of a sewer or sewers of sufficient capacity to serve the entire watershed from the point of connection to public sewer facilities to the point necessary to render complete sewer service to the applicant, and submit such plans to the District for approval; (2) obtain a permit from the District for the construction of such sewer or sewers in accordance with such approved plans, and submit to the District for its approval certified copies of all bids, and any contract or contracts for the construction of such sewer or sewers. No bid shall be accepted and no contract or contracts shall become effective until approved by the District; (3) construct the sewer or sewers in accordance with the approved plans, and subject to inspection and approval by the District. Such sewers shall be so designed and constructed as to serve efficiently the estimated ultimate population growth of the entire watershed tributary to the section of sewer or sewers so constructed; (4) such agreement shall further provide that the permittee covenants and agrees that no part of the excess costs of the sewer or sewers, which excess he is to be permitted to recoup under this ordinance, shall be included in the sale price of any lot, house or other structure of the permittee. 3 Section Three. In the event application is made to extend a private sewer beyond the point necessary to render complete service to the permittee under Section Two of this ordinance, the Executive Director shall, in the same manner as provided in Section Two, determine the area to be served by such extension, and shall issue an additional permit for such extension on like conditions as are provided for the issuance of a permit under Section Two hereof, and require reimbursement of the permittee in like manner as provided in Section Five hereof. Section Four. The Executive Director shall require the applicant to file with the District a certified detailed statement of all costs and expenses incurred in designing, obtaining rights of way, constructing and inspecting all sewers constructed under Sections Two and Three hereof. Section Five. Upon completion and approval of the sewer or sewers, and the filing with the District of the statement of costs and expenses provided for in Section Four hereof, the Executive Director shall determine the total cost of the sewers constructed under the application. The Executive Director shall apportion the cost of construction between the several parcels or tracts of land within the watershed served by such sewer or sewers according to the proportion each tract or parcel bears to the area of the entire watershed, and shall certify his apportionment to the permittee. Thereafter, the District shall not issue any permit for a connection to the sewer or sewers constructed 4 pursuant to this ordinance until evidence of payment to the permittee, of the amount so certified together with interest at one per cent above the rediscount rate of the Federal Reserve Bank at the date of certification, provided such rediscount rate does not exceed five per cent per annum, in which event such interest shall be at the rate of six per cent per annum, computed from the date of the approval of the sewer or sewers by the District, has been filed with the District. Section Six. The right of the permittee under Sections Two and Three hereof to recover construction costs shall continue until such time as the proportionate parts of such costs charged against all of the land tributary to the sewer constructed by the permittee have been paid, or for such period as the Board may determine, not to exceed, however, ten years from and after the construction permit is issued, whichever first occurs. Upon the expiration of such right, the sewers constructed hereunder together with all easements and appurtenances thereunto appertaining shall be deemed dedicated to, and become the sole property of, the District, and the right of the applicant to recover any part of his construction costs shall cease and determine. Section Seven. The invalidity of any section, sentence, clause or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts. 5 Section Eight. This ordinance shall be and become effective thirty days from and after its adoption. The foregoing Ordinance was adopted August 12, 1957.