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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
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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.
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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.
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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.
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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
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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
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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
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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.