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Home My Public Portal About08151�� J \ﾀﾋﾋﾃ4'ﾃ念 R D I N A N C E NO. 8151父ﾁﾁ AN ORDINANCE, authorizing and directing the Executive Director and SecretaryｩTreasurer to contract with the owner or owners of real property in the Bonfils Watershed 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: 粘ection One.・ Any owner or owners of real property within the Bonfils Watershed 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ﾜjﾜ 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. 粘ection 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 provisions of the Plan of the District and this Ordinance, the Executive Director and Secretaryｩ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 Bonfils Watershed 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 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 Four 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ｩofｩ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. 粘ection Three.・ The itemized certified final costs actually expended forﾜdﾜ the construction of such sewerage facility, including labor and materials, obtaining rightsｩofｩ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 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: 猫et:・TRA = Total Recoupable Amount ﾌﾌTCC = approved total construction costs, as ﾁﾁcertified by Districtﾞ\ﾞ DA = acreage in area to be served by sewerage facility which is owned or developed by owner of sewerage facility 澣A = total acreage in area to be served by sewerage facilityﾞT ﾞﾜfﾜ券Then:・舶舶瞽矣ﾄ矣ﾄ・眛矣ﾄ矣ｿ・舶 TRA = 盖・ 1 ｩ妊A・盖・TCC 盖・ !B ・B ・B ・B ・B ・B ・B ・B ・ TA 盖・眤矣ﾄ矣ﾄ・眛矣ﾄ矣ﾄ矣ﾙ・・Section Four.・ Any owner or owners of real property whoﾁﾁ directly or indirectly tap into or use such sewerage facility to deposit waste water therein shall pay, in accordance with Section Six hereof, the following charges respectively to the owner of said sewerage facility and to the District: ﾀ \ \ﾀﾋﾋ Recoupment Payment Toﾁﾁﾁﾁ Owner of Sewerage Payment 舶認acility部廟________ 乃o District部・ (A) 任ommercial Usage・ﾌﾌﾞ\ﾞﾌﾌ Commercial Stores not usingﾞ\ﾞﾌﾌ water in sales or ﾞ\ﾞ production (per store) $ 350.00 100.00 Commercial Stores using water ﾌﾌ in sales or production: ﾞ\ﾞ Hotel or Motel (per room) 100.00 30.00 Trailers and Mobile Homes (per unit) 130.00 32.50 ・ Laundromats (per machine) 200.00 50.00ﾞY ﾞ Restaurants (per seat) 60.00 15.00 Auto 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 Stores (rate of additional $1,500.00 if garbage grinder installed) 1,200.00 300.00 Theatres (per seat) 1.50 .50 All others ｩ (per acre) 500.00 150.00 ﾃ44ﾃ・ﾜfﾜ・ Recoupment Payment To Owner of Sewerage Payment 認acility廟__________ 乃o District部部部・ (B) 祢ndustrial Usage:・ Industrial ｩ without water or liquid processing (per acre) 500.00 150.00 ・ Industrial with cooling or processﾞY ﾞ・ water discharged into sanitaryﾞY ﾞ・ sewer system (per acre) 1,000.00 300.00ﾞY ﾞ玻Y ﾞ (C) 燃esidential Usage:・・ﾞY ﾞ Subdivisions 7,500 sq. ft. to 12,000 sq. ft. lot 250.00 100.00 12,000 sq. ft. lot to oneｩhalf (1/2) acre lot 300.00 100.00 Oneｩhalf (1/2) acre lot 350.00 100.00 One (1) acre lot 400.00 100.00 Single family residence (other than subdivisions) 600.00 150.00 Apartments (per unit) 75.00 75.00 (D) 祢nstitutional Usage:・ 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ﾞY ﾞ Churches 250.00 75.00 ﾜfﾜ乎ﾁ In the event that the connection charges for the Bonfils Watershed of the District authorized under Ordinance No. 3774 are hereafter lawfully modified, the foregoing schedule of charges will be modified accordingly. ﾁﾁ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 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. 舶粘ection Five.・ 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 Three of this Ordinance, or for a period ofﾜdﾜ 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. 粘ection Six.・ All charges required pursuant to Section Four of this Ordinance shall be forwarded to the District prior to approval of the construction plans for any sewer which is proposed 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. 粘ection Seven.・ 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. 粘ection Eight.・ 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ｩdue annual report required pursuant to this provision within thirty days after receiving written notice from the District ofﾜdﾜ the delinquency shall be grounds for the District, at its option, to terminate all further recoupment payments to said owner or owners. 粘ection 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 August 8, 1990.