HomeMy Public PortalAbout00198REPEALED 11/5/59 - ORDINANCE NO. 340 O R D I N A N C E NO. 198
AN ORDINANCE authorizing and directing the Executive
Director to encourage sewer construction by contracting with the
owner or owners of real property in the District for the private
construction of sanitary sewers, storm sewers, combined sewers,
pumping stations, sewage disposal plants and any other sewer
facilities, any one, any combination or all of them hereinafter
known as "sewer facility" where, in the opinion of the Board, such
private construction is in the public interest, and repealing
Ordinance No. 149 which was adopted August 12, 1957 relating to
the same subject, and containing an emergency clause.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES
OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section One. Any owner or owners of real property
within The Metropolitan St. Louis Sewer District and within the
area to be sewered may make application to the District for the
private construction of sanitary sewers, storm sewers, combined
sewers, pumping stations, sewage disposal plants and any other
sewer facilities, any one, any combination or all of them
hereinafter known as "sewer facility", under the terms of this
ordinance. Upon receipt of any such application the Board of
Trustees shall decide whether or not it is in the public interest
to proceed under Article IX of the Plan of The Metropolitan St.
Louis Sewer District or under the provisions of this Ordinance.
Section Two. When the Board of Trustees finds that it
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is in the public interest to proceed with the private construction
of the sewer facility under the terms of this Ordinance, the
Executive Director shall have the power to contract with owners of
real estate for the construction of the sewer facility within the
boundaries of The Metropolitan St. Louis Sewer District to serve
the area in which the real estate of such owners is located, and
such other area as can be efficiently served or drained by the
sewer facility to be constructed. Said contract shall not become
binding until approved by the Board of Trustees of The
Metropolitan St. Louis Sewer District. He shall also provide for
the reimbursement to such owners by any owner of real estate who
did not contribute to the original cost of such sewer facility,
and who subsequently taps into or uses the same or deposits sewage
or storm waters therein, for a fair pro rata share of the cost of
the construction of said sewer facility, including not only direct
users but also users of any collecting sewers connecting thereto,
subject to such reasonable rules and regulations as the Executive
Director may provide with the approval of the Board of Trustees of
The Metropolitan St. Louis Sewer District.
Section Three. Plans and specifications and an
estimate of the complete cost of construction for any sewer or
sewer facility to be constructed under the provisions of this
Ordinance must be submitted to and receive the approval of the
District before a construction permit will be issued by the
District. The regular inspection during construction as well as
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final inspection by the District shall be performed on all
construction undertaken under the provisions of this Ordinance.
The costs actually expended for labor and materials, overhead,
obtaining rights-of-way, inspection fees, permit fees, insurance,
bond premiums, legal fees, engineering fees, and other costs
essential to the construction of the sewer facility shall be
furnished to the District for approval. The Executive Director
shall examine these costs and upon his approval, as rendered or as
adjusted, they shall be certified by him as the complete
construction costs of the sewer facility.
Any person objecting to the amount of the complete
certified construction costs of the sewer facility, as approved by
the Executive Director, may appeal to the Board of Trustees of The
Metropolitan St. Louis Sewer District by filing, in writing with
the Secretary of said Board the specific objections to said costs.
Upon receiving such application for appeal, the Board of Trustees
will fix a day when it will consider the matter and give notice
thereof to the builder of the sewer, or his agent, if they are
appealing, or to the builder of the sewer or his agent, and to any
other person making the appeal, by registered mail at least ten
days prior to the hearing on said appeal. At the time fixed, the
Board will hear the parties interested and after consideration of
all the facts, will fix the certified complete costs of the sewer
facility.
Section Four. Upon the approval of the complete
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construction cost of the sewer facility the District shall
determine the total area served by such facility. The District
shall then divide the total area served by two to determine the
total acreage which can be developed in the area. The District
shall then divide the number of acres which can be developed into
the approved construction cost to determine the basic per acre
cost within the area served.
To determine the share of the construction cost which
shall be paid as a per lot charge before connecting any tract or
parcel to said sewer facility the following formula shall be used
for each tract or parcel zoned for single family dwelling:
(a)For each tract or parcel which is required by the
applicable zoning ordinance to have an area of not less
than 6,000 square feet the charge shall be 1/5 the per
acre cost.
(b)For each tract or parcel which is required by the
applicable zoning ordinance to have an area of not less
than 7,500 square feet the charge shall be 1/4 the per
acre cost.
(c)For each tract or parcel which is required by the
applicable zoning ordinance to have an area of not less
than 10,000 square feet the charge shall be 1/3 the per
acre cost.
(d)For each tract or parcel which is required by the
applicable zoning ordinance to have an area of not less
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than 20,000 square feet the charge shall be 1/2 the per
acre cost.
(e)For each tract or parcel which is required by the
applicable zoning ordinance to have an area of not less
than one acre the charge shall be equal to the per acre
cost.
For tracts or parcels which are lawful exceptions to
the zoning ordinance in effect at the time the connection is to be
made the following per lot charges shall.be paid:
(a)For each tract or parcel containing from 1 square foot to
6,000 square feet the charge shall be 1/5 the per acre
cost;
(b)For each tract or parcel containing from 6,001 square feet
to 7,500 square feet the charge shall be 1/4 the per
acre cost.
(c) For each tract or parcel containing from 7,501
square feet to 10,000 square feet the charge shall be 1/3 the per
acre cost.
(d)For each tract or parcel containing from 10,001 square
feet to 20,000 square feet the charge shall be 1/2 the
per acre cost.
(e)For each tract or parcel containing from 20,000 square
feet to one acre the charge shall be the full per acre
charge.
The charge for any connection of any parcel of ground
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other than those zoned single family dwelling shall be determined
by the Executive Director of The Metropolitan St. Louis Sewer
District, and the Executive Director in determining said charge
shall give consideration to the area to be served and the volume
and flow characteristics of the load to be placed upon the sewer.
If any person is aggrieved by this decision of the
Executive Director he may appeal to the Board of Trustees of The
Metropolitan St. Louis Sewer District by filing, in writing, an
application for an appeal to said Board within ten days after he
is notified of the determination by the Executive Director. Said
application for appeal shall state in what manner he feels he has
been aggrieved by said determination.
The District shall not issue any permit for a
connection to the sewer or sewer facility constructed pursuant to
this Ordinance until evidence of payment to the party entitled to
payment of the pro rata share of the certified cost of the sewer
facility. The party constructing said sewer facility may charge
interest on the certified cost at a rate not to exceed 6% per
annum simple interest, from the date of final approval of
construction by the District.
Section Five.
(a)If any person wishing to connect to a sewer constructed
under the provisions of this Ordinance shall be unable,
after a reasonable effort, to obtain the consent of the
owner of said sewer he may apply,in writing,to The
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Metropolitan St. Louis Sewer District for a permit to
connect to such sewer. Upon receiving such application
the Executive Director shall make an investigation and
after due consideration of all the facts shall fix the
terms upon which the applicant shall have the right to
connect and use said sewer. If the terms require the
payment of money by the applicant, he may pay the same
to The Metropolitan St. Louis Sewer District, who in
turn shall pay it to the owner of the sewer facility.
(b) The owner of any sewer facility constructed under the
provisions of this Ordinance shall file with the
District each year, on or before the 31st day of
January, a report stating the correct name and address
of the owner of the sewer facility. The statement
shall also contain a record of all payments received
for connections to the said sewer facility prior to
January 1st for the year for which the report is filed.
If any owner of any sewer facility constructed pursuant
to this Ordinance shall fail to file this report, The Metropolitan
St. Louis Sewer District shall send, by registered mail, a notice
to the last address of the owner of the sewer facility registered
with the Sewer District. The owner shall have sixty days after
the date of said notice to file the report required by this
section of the Ordinance. If said owner fails to file said report
within the sixty days, the sewers shall then become public sewers
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of The Metropolitan St. Louis Sewer District.
Section Six. Whenever any sewer improvement, whether
local or general, storm, sanitary, combination, or otherwise, is
to be constructed and financed by the formation of a Subdistrict
by The Metropolitan St. Louis Sewer District and will be connected
into a contracted sewer facility constructed under the provisions
of this Ordinance and to the cost of which such owners or any of
them did not contribute, there shall be included in the engineer's
estimate submitted to the District before the hearing on any such
improvement, a sum separately itemized equal to the amount
provided in or computed from such contract as the fair pro rata
share due from said Subdistrict.
Section Seven. The right of any party constructing any
sewer facility under the terms of this Ordinance 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 facility so constructed have been paid, or
for a period of thirty years from and after the date of final
approval of construction of the sewer facility has been given by
the District, or until the sewers become public sewers under the
provisions of Section 5 (b) of this Ordinance, whichever first
occurs.
Section Eight. All sewers constructed under the
provisions of this Ordinance shall be operated and maintained by
The Metropolitan St. Louis Sewer District after the District
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approves final construction thereof, and each contract permitting
the private construction of sewers under the provisions of this
Ordinance shall contain provisions to compensate the District for
said operation and maintenance.
Section Nine. 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.
Section Ten. Ordinance No. 149 adopted August 12, 1957
is hereby repealed.
Section Eleven. This Ordinance, being prerequisite to
the construction of private sanitary sewers for areas not
presently served by sewers and being necessary for the protection
of the public health, constitutes an emergency within the meaning
of the Plan and this Ordinance shall be and become effective
immediately upon its adoption.
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The foregoing Ordinance was adopted May 26, 1958.