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
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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.
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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
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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.
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Section Eight. This ordinance shall be and become
effective thirty days from and after its adoption.
The foregoing Ordinance was adopted August 12, 1957.