HomeMy Public PortalAbout07576 O R D I N A N C E NO. 7576
AN ORDINANCE, repealing Ordinance No. 4278, as adopted
January 28, 1981, and enacting a new Ordinance on the same subject
in lieu thereof, authorizing and directing the Executive Director
and Secretary-Treasurer to contract with the owner or owners of
real property in the Fee Fee Trunk Sewer Subdistrict of The
Metropolitan St. Louis Sewer District (the "District") for the
private construction of sanitary sewerage facilities, hereinafter
known as "sewerage facility" to be paid for by said owner or
owners where, in the opinion of the Board of Trustees, such
private construction is in the public interest, and further
providing for the recoupment by said owner or owners of a
proportionate share of the total cost of construction of the
sewerage facility from other property owners who tap into or use
same.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section One. Ordinance No. 4278, as adopted January
28, 1981, is hereby repealed without, however, altering or
extinguishing the legal relationships established thereunder.
Section Two. Any owner or owners of real property
within the Fee Fee Trunk Sewer Subdistrict of the District who
proposes or propose to construct a sewerage facility which will
serve other properties within the same area may, prior to the
approval by the District of the construction plans for said
sewerage facility, make application to the District for the
private construction of said sewerage facility and for the
recoupment by said owner or owners of a proportionate share of the
total cost of construction of the sewerage facility from other
property owners who directly or indirectly tap into or use same,
under the terms of this Ordinance. Said application shall be
accompanied by: (i) complete plans and specifications for said
sewerage facility, (ii) at least three sealed competitive bids or
a copy of the proposed contract for the construction thereof and
(iii) a tributary area map. Said bids or proposed contract shall
be subject to the approval of the Executive Director of the
District who shall, upon such approval, certify his approval to
the District's Board of Trustees. Upon receipt of such
application and certification of approval, the Board of Trustees
shall decide whether or not it is in the public interest to
proceed with such private construction under the provisions of the
Plan of the District and this Ordinance.
Section Three. 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 provisions of the Plan of the
District and this Ordinance, the Executive Director and Secretary-
Treasurer shall have the power to contract with the owner or
owners of real property for the private construction of the
sewerage facility within the boundaries of the Fee Fee Trunk Sewer
Subdistrict of the District to serve the area in which the real
property of such owner or 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
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authorized by the Board of Trustees of the District. Said
contract shall provide for the dedication of the sewerage facility
to the District for public use upon completion of said sewerage
facility and approval thereof by the District. Said contract
shall further provide for the recoupment by said owner or owners
of a proportionate share of the total cost of such construction
from other owners of real property who directly or indirectly tap
into or use the sewerage facility to deposit waste water therein.
Such recoupment shall be paid by such other property owners based
upon the schedule of payments set forth in Paragraphs A through D
of Section Five of this Ordinance. Such contract shall also
provide that the District, at the expense of such owner or owners,
and in accordance with the standard practice of the District, will
assist in the acquisition of necessary rights-of-way by the
exercise of the District's power of eminent domain. The aforesaid
contract shall be subject to such other terms and conditions as
are approved by the office of General Counsel of the District.
Section Four. The itemized certified final costs
actually expended for the construction of such sewerage facility,
including labor and materials, 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 thereof as being necessary and reasonable, as
rendered or as adjusted, they shall be certified by him as the
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approved total construction costs of the sewerage facility.
Any person objecting to the amount of the approved
total construction costs of the sewerage facility, as certified by
the Executive Director, may appeal to the Board of Trustees of the
District by filing, in writing, with the Secretary of said Board
the specific objections to said costs. Upon receiving such
appeal, the Board of Trustees will consider the matter and after
consideration of all the facts will finally certify the approved
total construction costs of the sewerage facility.
Upon the approval of the total construction costs of
the sewerage facility, the District shall determine the total area
served by such facility.
The proportionate share of the approved total
construction costs of the sewerage facility which shall be
recoupable hereunder ("Total Recoupable Amount") shall be computed
as follows: Let: TRA = Total Recoupable Amount TCC =approved total construction costs, as certified by District DA =acreage in area to be served by sewerage facility which is owned or developed by owner of sewerage facility TA =total acreage in area to be served by sewerage facility Then: TRA = 1 - DA TCC TA
Section Five. Any owner or owners of real property who
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directly or indirectly tap into or use such sewerage facility to
deposit waste water therein shall pay, in accordance with Section
Seven hereof, the following charges respectively to the owner of
said sewerage facility and to the District: Recoupment Payment To Owner of Sewerage Payment Facility To 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 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) Theaters (per seat) 1.50 .50 Recoupment Payment To Owner of Sewerage Payment Facility To District (B) INDUSTRIAL - The larger of One and 30/100 Dollars ($1.30) per gallon per day on estimated $ 1.00 $ .30
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average daily consumption or Fifty Dollars ($50.00) per employee estimated to capacity, 37.50 12.50 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) 67.50 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. Recoupment Payment To Owner of Sewerage Payment Facility To
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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
In the event that the connection charges for the Fee
Fee Trunk Sewer Subdistrict of the District authorized under
Ordinance No. 3771 are hereafter lawfully modified, the foregoing
schedule of charges will be modified accordingly.
The charge for any connection of any parcel other than
those set out in the foregoing schedule shall be determined by the
Executive Director of the District, and the Executive Director in
determining said charge shall give consideration to the size and
nature of the property to be served and the volume and flow
characteristics of the load to be placed upon the sewerage
facility; provided, however, that any such charge determined by
the Executive Director shall be consistent with the charges set
out in the foregoing schedule.
If any person is aggrieved by this decision of the
Executive Director, he may appeal to the Board of Trustees of the
District by filing, in writing, an application for an appeal to
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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.
If any area is served by two or more such sewerage
facilities constructed under the provisions of this Ordinance
under separate agreements, the recoupment charges payable to the
owners of the sewerage facilities shall be divided proportionately
between said owners based upon the ratio of the approved total
construction cost of each sewerage facility to the sum of the
approved total construction costs for all of the sewerage
facilities serving the area.
Section Six. The right of any owner of any private
sewerage facility constructed under the terms of this Ordinance to
recoup a proportionate share of the approved total construction
costs shall continue until the total recoupment amounts collected
by said owner hereunder equal the Total Recoupable Amount as
computed in accordance with Section Four of this Ordinance, or
for a period of time to be established by the District, not to
exceed twenty years from and after the date of dedication of said
sewerage facility for public use, whichever first occurs. No
interest on the construction costs shall be charged, collected or
paid.
Section Seven. All charges required pursuant to Section
Five of this Ordinance shall be forwarded to the District prior to
approval of the construction plans for any sewer which is proposed
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to be connected to the sewerage facility constructed hereunder.
No recoupment funds shall be disbursed by the District to any
party until said sewerage facility has been dedicated and accepted
for public use by the District.
Section Eight. The owner or owners of a sewerage
facility constructed hereunder shall not be entitled to
reimbursement for the construction cost of any portion of such
sewerage facility which is located on or within property owned or
developed by said owner or owners; provided, however, that
reimbursement will be allowed for any increase in the construction
cost for said portion resulting from the fact that, and to the
extent that, it was designed to serve other properties, as
compared with being designed to serve only the property of said
owner or owners.
Section Nine. The owner or owners of any sewerage
facility constructed hereunder shall file an annual report with
the District, commencing on the January 31st following the date
upon which the sewerage facility is dedicated to the District and
on each January 31st thereafter, containing an itemized listing of
all recoupment payments received by said owner or owners in
respect of said sewerage facility during the preceding year.
Failure on the part of any such owner or owners to file any past-
due annual report required pursuant to this provision within
thirty days after receiving written notice from the District of
the delinquency shall be grounds for the District, at its option,
to terminate all further recoupment payments to said owner or
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owners.
Section Ten. 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 October 26, 1988.