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HomeMy Public PortalAbout04278REPEALED BY NO. 7576 - 10/26/88 O R D I N A N C E NO. 4278 AN ORDINANCE, authorizing and directing the Executive Director and Secretary-Treasurer to contract with the owner or owners of real property in the Fee Fee Subdistrict of The Metro- politan St. Louis Sewer District for the private construction of sanitary sewerage facilities, hereinafter known as "sewerage facility" where, in the opinion of the Board of Trustees, such private construction is in the public interest, and further pro- viding for the recovery of additional construction costs for the construction of said sewerage facility. 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 who proposes or propose to construct a sewerage facility which will serve other properties within the watershed may make application to the District for the private construction of said sewerage facility at such time or prior to the approval of the plans for said sewerage facility by the District to recover additional construction costs under the terms of the Ordinance. Upon receipt of 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 is in the public interest to proceed with the private construction of the sewerage facility under the terms of this Ordinance, the Executive Director and Secretary-Treasurer shall have the power to contract with owners of real property for the construction of the sewerage facility within the boundaries of The Metropolitan St. Louis Sewer District to serve the area in which the real property of such owners is located, and such other area as can be efficiently served or drained by the sewerage facility to be constructed. Said contract shall not become binding until approved by the Board of Trustees of The Metropolitan St. Louis Sewer District. Said contract shall pro- vide for the dedication of the sewerage facility to the District for public use upon completion and approval by the District of said sewerage facility. Said contract shall further provide for the recovery of a proportionate amount of the complete costs of such construction incurred by the contracting owners of real property from such other owners of real property within the area served by such sewerage facility who directly tap into or use the facility to deposit waste water therein. The amount of such reimbursement by such other property owners shall be based upon the schedule of payments set forth in Paragraphs A through D of Section 5 of this Ordinance. The aforesaid contract shall be 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 a minimum of three sealed bids for the proposed construction of any sewerage 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 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 sewerage 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 sewerage facility. Any person objecting to the amount of the complete certified construction costs of the sewerage 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 sewerage facility, or his agent, if they are appealing, or 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 sewerage facility. Section Four. Upon the approval of the complete construction cost of the sewerage facility, the District shall determine the total area served by such facility. If any area is served by two or more such sewerage facilities constructed under the provisions of this Ordinance under separate agreements, the per lot charge under each agreement shall be divided proportionately between the builders of the facilities based upon the ratio of the actual costs of each portion of sewerage facility to the sum of the total actual cost under all agreements where the sewerage facility has been completed at that time as determined hereunder. 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 sewerage facility, the following schedule shall be used: To Metropolitan To St. Louis Sewer Developer District (A) COMMERCIAL - One and 30/100 Dollars ($1.30) per gallon per day on estimated average daily water consumption subject to the following specific minimum initial deposit: $ 1.00 $ .30 Stores not using water in sales or production 350.00 100.00 Hotel or Motel (per room) 100.00 30.00 Trailers or Mobile Homes 125.00 37.50 Ord. No. 4278 To Metropolitan To St. Louis Sewer Developer District Laundromats (per machine) $ 200.00 $ 50.00 Restaurants (per seat) 60.00 15.00 Service Stations 500.00 150.00 Grocery Stores (under 3,000 sq. ft.) 500.00 150.00 Grocery Stores (over 3,000 sq. ft.) 1,000.00 300.00 (Grocery Store deposit increases 100% if garbage grinder is installed) Theatres (per seat) 1.50 .50 (B) INDUSTRIAL - The larger of One and 30/100 Dollars ($1.30) $ 1.00 .30 per gallon per day on estimated average daily consumption or Fifty Dollars ($50.00) per 37.50 12.50 employee estimated to total capacity, and subject to the following specific minimum initial deposits: Industrial - without water or liquid processing (per acre) 375.00 125.00 Industrial with cooling or process water discharged into sanitary sewer system (per acre). 1,000.00 300.00 Minimum deposit (per acre) 375.00 125.00 (C) INSTITUTIONAL - The larger of One and 30/100 Dollars ($1.30) 1.00 .30 per gallon per day on estimated average daily consumption or Fifty Dollars ($50.00) per 37.50 12.50 employee estimated to total capacity, and subject to the following specific minimum initial deposits: Hospitals (per bed without laundry) $ 200.00 $ 50.00 Hospitals (per bed with laundry) 275.00 85.00 Nursing Homes (per bed without laundry) 87.50 12.50 Nursing Homes (per bed with laundry) 92.50 27.50 Schools (per classroom) 400.00 100.00 Public Buildings (per room) 100.00 30.00 Churches 250.00 75.00 All Commercial, Industrial, and Institutional are subject to additional deposit based upon annual audit of actual water consumption. To Metropolitan To St. Louis Sewer Developer District (D) RESIDENTIAL Subdivisions Under 12,000 sq. ft. lot $ 250.00 $ 100.00 Over 12,000 sq. ft. lot to one-half acre 300.00 100.00 One-half (1/2) acre lot 350.00 100.00 One (1) acre lot 400.00 100.00 Single family residences (other than subdivisions) 600.00 150.00 Apartments and Condominiums (per unit) 175.00 75.00 The charge for any connection of any parcel other than those set out in this Ordinance 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 of the Executive Director. Said application for appeal shall state in what manner he feels he has been aggrieved by said determination. Section Five. Whenever any sewerage improvement 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 sewerage 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, based upon a schedule of payments set forth in Paragraphs A through D of Section 4 of this Ordinance. Ord. No. 4278 Section Six. The right of any party constructing any sewerage facility under the terms of this Ordinance to recover approved additional construction costs shall continue until the total amount collected from any parcels connected to the sewerage facility equal the certified additional construction costs of the sewerage facility as approved by the District, or for a period of ten years from and after the date of dedication of said sewerage facility for public use, whichever first occurs. No interest shall be charged, collected or paid under the provision herein. Section Seven. All charges made pursuant to Section Four of this Ordinance shall be paid to the District prior to issuance of any permit for connection to the sewerage facility constructed hereunder. All funds paid to the District due any party under this agreement shall be held in a separate fund by the District. Those funds received by the District prior to February 1 of each year shall be disbursed to said party on or about March 1 of that year; and those funds received by the District prior to August 1 of each year shall be disbursed to said party on or about September 1 of that year: providing, how-ever, no funds shall be disbursed to any party until said sewerage facility has been dedicated and accepted for public use by the District. Section Eight. This Ordinance shall not apply to sewerage facilities constructed by the owner or owners of real property on or within said owner's or owners' own property. Ord. No. 4278 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. The foregoing Ordinance was adopted January 28, 1981.