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HomeMy Public PortalAbout09347 O R D I N A N C E NO. 9347 AN ORDINANCE, authorizing the Executive Director and Secretary- Treasurer on behalf of The Metropolitan St. Louis Sewer District to contract with the owner or owners of real property within the District for the private construction of sanitary sewerage facilities, 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 facilities 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. Any owner or owners of real property within The Metropolitan St. Louis Sewer District who proposes or propose to construct sewerage facilities which will serve other properties within the same area may, prior to the approval by the District of the construction plans for said sewerage facilities, make application to the District for the private construction of said sewerage facilities and for the recoupment by said owner or owners of a proportionate share of the total cost of construction of the sewerage facilities 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 facilities, (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 2 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 Two. When the Board of Trustees finds that it is in the public interest to proceed with the private construction of the sewerage facilities 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 facilities within the boundaries 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 facilities 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 facilities to the District for public use upon completion of said sewerage facilities 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 facilities to deposit waste water therein. Such recoupment shall be paid by such other property owners based upon the schedule of payments set forth in 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-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. 3 Section Three. The itemized certified final costs actually expended for the construction of such sewerage facilities, 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 facilities 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 facilities. Any person objecting to the amount of the approved total construction costs of the sewerage facilities, 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 facilities. 4 Upon the approval of the total construction costs of the sewerage facilities, the District shall determine the total area served by such facilities. The proportionate share of the approved total construction costs of the sewerage facilities 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 Four. Any owner or owners of real property who directly or indirectly tap into or use such sewerage facilities to deposit waste water therein shall pay, in accordance with Section Six hereof, the charges as hereinafter specified, and all charges paid hereunder shall be distributed as follows: Seventy-five percent (75%) of said charges to the owner or owners of the property that constructed the sewerage facilities, and Twenty-five percent (25%) of said charges to the District. 5 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 [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 In the event that the connection charges for The Metropolitan St. Louis Sewer District authorized under Proposed Ordinance No. 53-95 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 6 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. Section Five. The right of any owner of any private sewerage facilities 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 time to be established by the District, not toexceed twenty years from and after the date of dedication of said sewerage facilities for public use. No interest on the construction costs shall be 7 charged, collected or paid. Section Six. No recoupment funds shall be disbursed by the District to any party until said sewerage facilities have been dedicated and accepted for public use by the District. Section Seven. The owner or owners of sewerage facilities constructed hereunder shall not be entitled to reimbursement for the construction cost of any portion of such sewerage facilities which are 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 Eight. The schedule of new recoupment charges provided for in this Ordinance shall be in effect on and after November 1, 1994. The Board hereby ratifies and confirms Ordinance Nos. 340, as adopted November 5, 1959; 5582, as adopted April 11, 1984; 7576, as adopted October 26, 1988; 7660, as adopted December 28, 1988; and 8151, as adopted August 8, 1990, and the recoupment charges established thereby, which Ordinances and such recoupment charges shall be in effect until the schedule of new recoupment charges takes effect as provided in the preceding sentence, whereupon this Ordinance shall take the place of and supersede the provisions of said Ordinance Nos. 340, 5582, 7576, 7660, 8151 and all other prior ordinances relating to the same subject matter to the extent herewith inconsistent. This Ordinance shall not be so construed as to affect the validity of any recoupment contracts entered into prior to the adoption of this Ordinance, and all such prior recoupment contracts shall remain in full force and effect, however, the amount of 8 recoupment per each new connection or tap-in shall be as specified in this Ordinance. Section Nine. If prior to the effective date hereof the District has entered into a recoupment agreement with a property owner the full amount of recoupment as provided for in said agreement shall be paid, however, up to 75% of the sewer connection fee shall be credited against the recoupment amount due. Section Ten. 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 recoupment charges as established by said Ordinance Nos. 340, 5582, 7576, 7660, and 8151 shall remain in effect. Section Eleven. This Ordinance shall not be so construed as to relieve any person from the payment of any charge which is due and payable under the provisions of any prior ordinance, 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. The foregoing Ordinance was adopted October 12, 1994.