HomeMy Public PortalAbout09346
O R D I N A N C E NO. 9346
AN ORDINANCE PROVIDING FOR A SCHEDULE OF NEW AND
INCREASED WASTEWATER SEWER SYSTEM CONNECTION FEES.
WHEREAS, The Metropolitan St. Louis Sewer District, a
body corporate, a municipal corporation and a political subdivision
of the State of Missouri (herein called the "District"), now owns
and operates a revenue producing sewer and drainage system serving
the District and its inhabitants (the "System") and pursuant to
Section 3.020(1) of the Plan of the District adopted by the voters
within the District for its government (the "Plan"), has the power
"to maintain, operate, reconstruct, and improve the same as a
comprehensive sewer and drainage system, and to make additions,
betterments, and extensions thereto; to protect the public health
and welfare by preventing or abating the pollution of water;
and . . . [has] all the rights, privileges, and jurisdiction
necessary or proper for carrying such powers into execution"; and
WHEREAS, the District has developed a schedule of Sewer
System Connection Fees imposed on new Users of the Wastewater
System at the time of connection of such Users' Property to the
Wastewater System; and
WHEREAS, such Sewer System Connection Fees are intended
to recover for the District a portion of the cost of Wastewater
System capacity which has been constructed and paid for by existing
Users of the Wastewater System and is available and will be
utilized by new Users as a result of such connection; and
WHEREAS, the District has caused a study of such Sewer
System Connection Fees to be performed by its consultants Black &
Veatch, Kansas City, Missouri; and
WHEREAS, the District has updated Black & Veatch's report
on "Engineering Service Fees and System Development Fees for The
Metropolitan Sewer District", which report recommends the District
establish a uniform schedule of new and increased Sewer System
Connection Fees as provided in this Ordinance; and
WHEREAS, the Board does hereby find and determine that
the schedule of new and increased Sewer System Connection Fees as
provided in this Ordinance is necessary, proper and advisable, is
in the public interest of the District and its residents, will
further the purposes of the District, is necessary to enable the
District to operate its system on a sound basis; and
WHEREAS, the Board does further find and determine that
the schedule of new and increased Sewer System Connection Fees
provided for in this Ordinance is fair and reasonable.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES
OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT:
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Section One. Definitions of Words and Terms. In
addition to words and terms defined elsewhere in this Ordinance,
the following words and terms as used in this Ordinance shall have
the following meanings, unless some other meaning is plainly
intended:
"Average Annual Capacity" means the average annual
wastewater discharge measured in gallons per day (gpd) plus gpd of
infiltration/inflow.
"Board" means the Board of Trustees of the District.
"District" means The Metropolitan St. Louis Sewer
District.
"Ordinance" means this Ordinance of the District as from
time to time amended.
"Owner" or "Owners" means both the owner or owners of
record of Property as indicated in the records of the respective
Recorders of Deeds for the City of St. Louis or for St. Louis
County, Missouri, and the beneficial owner as well.
"Property" means an improved lot or parcel of real
property, whether public or private, which is Served by the
Wastewater System.
"Served" means Property connected, either directly or
indirectly, to a wastewater facility owned or operated by the
District, or to Property which otherwise discharges Wastewater
directly or indirectly into such facilities, or if the discharge of
such substances therefrom ultimately enters said facilities.
"Sewer System Connection Fee" means any fee imposed
pursuant to Section Two of this Ordinance.
"Sewer Use Ordinance" means Ordinance No. 8472 of the
District, adopted August 14, 1991, as from time to time amended.
"Single Family Dwelling" means residential property used
as a dwelling by only one family.
"Unit Equity Cost" means the replacement costs for
interceptor sewers, pumping facilities and treatment plants net of
depreciation, contributed assets and indebtedness divided by the
average daily treatment capacity.
"Wastewater System" means the entire sewer systems and
facilities owned and operated by the District for the collection,
storage, handling, and treatment of Wastewater, and combined sewers
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for the collection, storage, treatment and handling of Wastewater
and Stormwater to serve the needs of the District and its
inhabitants and others, including all appurtenances and facilities
connected therewith or relating thereto, together with all
extensions, improvements, additions and enlargements thereto
hereafter made or acquired by the District.
"Water Tap" means the connection of the Property to the
water supply and is measured, for purposes of calculating the Sewer
System Connection Fee, by the larger of the diameter of the water
tap or the water meter.
Section Two. Sewer System Connection Fees.
(A) A Sewer System Connection Fee shall be payable to
the District by the Property Owner in advance of the approval of
plans or the issuance of a connection permit to connect such
Owner's Property to the Wastewater System of the District. With
the exception of 12 inch and larger water taps for which the amount
of the Sewer System Connection Fee shall be determined on a case by
case basis, the amount of the Sewer System Connection Fee shall be
based on the size of the Water Tap servicing the Property as
follows:
Water Average Sewer System Connection Fees
Tap Annual Effective Date
Size Capacity 11/1/94
______ _________ _______
inches gpd
Optional for multiple
family dwellings
(per unit) 241 $ 713
All single family
dwellings 362 1,072
3/4 362 1,072
1 564 1,669
1-1/2 1,024 3,031
2 1,600 4,736
3 2,954 8,744
4 4,970 14,711
6 9,578 28,351
8 17,354 51,368
10 27,924 82,655
12 and larger (1) (2)
Unit Equity Cost 2.96
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[1] Estimated on a per connection basis. Premises with water
taps of 12 inches or greater are subject to an additional
Sewer System Connection Fee based upon audits of actual
wastewater discharge. The additional Sewer System
Connection Fee shall be calculated using the fee
structure in effect at the time of the audit.
[2] Estimated total average annual capacity requirement
multiplied by unit equity cost.
gpd - gallons per day
(B) The charge for any connection of any parcel other
than those set out in the foregoing schedule and for Water Tap
sizes 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, strength and flow characteristics of the
load to be placed upon the wastewater system and the treatment
facilities. If any person is aggrieved by the determination of the
amount of the Sewer System Connection Fee set by 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 fifteen (15) 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.
(C) An additional Sewer System Connection Fee shall be
payable and collected in advance of the approval of plans or the
issuance of a connection permit to change a Water Tap to a larger
Water Tap or to make an additional Water Tap. The Sewer System
Connection Fee for any such additional Water Tap shall be
calculated using the fee structure in effect at the time of such
Water Tap. The Sewer System Connection Fee for the installation of
a larger Water Tap shall be the difference between the Sewer System
Connection Fee for the existing Water Tap and the Sewer System
Connection Fee for the larger Water Tap calculated using the fee
structure in effect at the time the larger Water Tap is installed.
(D) No refund of a Sewer System Connection Fee shall be
made for the removal of a Water Tap or the installation of a
smaller Water Tap.
(E) The Sewer Use Ordinance of the District restricts
and prohibits the discharge of certain substances and materials
into the District's Sewerage System. The payment of a Sewer System
Connection Fee pursuant to this Ordinance does not relieve the
Property Owner from the payment of any additional charges or fees
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or compliance with the requirements imposed by the Sewer Use
Ordinance or any other ordinances of the District.
(F) In the determination of the Sewer System Connection
Fee to be charged, there shall be taken into consideration the use
for which the proposed water tap is to be made and, in such cases
as where oversized taps are required for fire protection devices
and/or irrigation purposes, the Sewer System Connection Fee shall
be based on the water tap size required to adequately serve the
building for which the tap is purchased exclusive of the fire
protection and/or irrigation requirement.
(G) Multi-family properties have the option of basing
the connection fee on the number of multi-family dwelling units or
on the Water Tap size.
(H) The Sewer System Connection Fee provided for herein
shall not be charged in those areas of the District, where the
District has heretofore entered into contracts with developers,
which contracts specifically provide that contributions made by the
developer to the District as the developer's share of the
District's construction costs for sewerage facilities in that area
are in lieu of connection fees.
Section Three. Application of Proceeds of Sewer System
Connection Fees. The proceeds of the Sewer System Connection Fees
herein authorized shall be deposited in the Improvement Fund of the
District created in Section 9.090 of the Plan of the District,
except where deposit in other funds or accounts is required by
outstanding bond ordinances of the District or any subdistrict.
Proceeds of the Sewer System Connection Fees deposited in the
Improvement Fund shall be applied to fund the cost of replacements
and capital improvements to the District's Wastewater System and
shall be expended pursuant to the procedures set forth in Article
IX of the Plan of the District.
Section Four. Effective Date. The schedule of new and
increased Sewer System Connection Fees provided for in this
Ordinance shall be in effect on and after November 1, 1994. The
Board hereby ratifies and confirms Ordinance Nos. 3723, as adopted
February 28, 1979; 3738, as adopted March 14, 1979; 3770, as
adopted May 9, 1979; 3771, as adopted May 9, 1979; 3772, as adopted
May 9, 1979; 3773, as adopted May 9, 1979; 3774, as adopted May 9,
1979; 3779, as adopted May 23, 1979; 4189, as adopted October 8,
1980; and 5648, as adopted June 20, 1984; the connection fees as
approved by the Missouri Public Service Commission and continued by
the District for the Valley Sewer Service Area, the St. Louis
County Sewer Service Area, and the Martigney Service Area; and the
municipal connection fees as continued by the District in the
Cities of Manchester, Ellisville and Valley Park, Missouri, and the
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fees established thereby, which Ordinances and such fees shall be
in effect until the schedule of new and increased Sewer System
Connection Fees takes effect as provided in the preceding sentence,
whereupon this Ordinance shall take the place of and supersede the
provisions of said Ordinance Nos. 3723, 3738, 3770, 3771, 3772,
3773, 3774, 3779, 4189, 5648 and all other prior ordinances, all
other prior connection fees as approved by the Missouri Public
Service Commission and continued by the District, and all municipal
connection fees as continued by the District, relating to the same
subject matter to the extent herewith inconsistent.
Section Five. Severability. The Board hereby declares
that if any section, part, sentence or clause of this Ordinance is
held invalid, such invalidity shall not affect the remainder of
this Ordinance, the Board hereby declaring that it would have
enacted the remainder of this Ordinance without regard to that part
hereof that may be held invalid. If this ordinance is held
invalid, then the connection fees as established by said Ordinance
Nos. 3723, 3738, 3770, 3771, 3772, 3773, 3774, 3779, 4189 and 5648,
the connection fees as approved by the Missouri Public Service
Commission and continued by the District for the Valley Sewer
Service Area, the St. Louis County Sewer Service Area, and the
Martigney Service Area, and the connection fees as continued by the
District in the Cities of Manchester, Ellisville and Valley Park,
Missouri, shall remain in effect.
Section Six. Prior Ordinances, Public Service Approved
Connection Fees, and Municipal Connection Fees. This Ordinance
shall not be so construed as to relieve any person from the payment
of any fee or charge which is due and payable under the provisions
of any prior ordinance, connection fee as approved by the Missouri
Public Service Commission and continued by the District, or
municipal connection fee as continued by the District, nor to bar
the collection of same by any and all of the means provided for in
said prior ordinance. This Ordinance shall not be so construed as
to relieve any person from any penalty heretofore incurred by the
violation of any prior ordinance nor to bar the prosecution of any
such violation in the manner provided therein.
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The foregoing Ordinance was adopted October 12, 1994.