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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 2 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 3 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 4 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 5 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 6 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 7 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 8 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 9 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. 10 The foregoing Ordinance was adopted May 26, 1958.