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HomeMy Public PortalAbout10928 O R D I N A N C E NO. 10928 AN ORDINANCE, repealing Ordinance No. 7420, as adopted April 13, 1988, and enacting a new ordinance in lieu thereof, providing generally for the levying of special benefit assessments against the real property benefited by the construction of sewer improvements to be paid for by said special benefit assessments and the issuance of Special Tax Bills, establishing the terms, conditions and provisions applicable thereto, and authorizing and directing the adoption of a standard Special Tax Bill form. RECITALS: WHEREAS, The Metropolitan St. Louis Sewer District was created pursuant to a Plan adopted by the voters of the City of St. Louis and of St. Louis County, Missouri, at a special election held on Tuesday, the 9th day of February, 1954, and the governing plan was amended on Tuesday, November 7, 2000, all as provided and authorized by Sections 30(a) and 30(b) of Article VI of the Constitution of the State of Missouri; and Pursuant to Article 9 of the said Plan, The Metropolitan St. Louis Sewer District will from time to time proceed to make sewer improvements in special benefit subdistricts, to be paid for by the levying of special benefit assessments against the real property benefited by the construction of such improvements; and will from time to time issue Special Tax Bills in payment for such improvements, and the Board of Trustees finds it desirable to provide generally therefore. 2 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. Ordinance No. 7420, as adopted April 13, 1988, is hereby repealed. Section Two. From time to time, the District shall by ordinance direct the making of sewer improvements in special benefit subdistricts to be paid for by the levying of special benefit assessments against the real property benefited by the construction of such improvements and shall by ordinance direct the issuance of Special Tax Bills as evidence of said special benefit assessments, all in accordance with Article 9 of the Plan of the District. Section Three. Special Tax Bills shall become a lien upon the property charged therewith upon filing with the Recorder of Deeds of the City of St. Louis or the Recorder of Deeds of St. Louis County, as the case may be; provided, however, there shall be no priority between Special Tax Bills issued under the Plan, regardless of the date of such Bills. Section Four. Special Tax Bills shall be executed by the Director of Finance under the seal of The Metropolitan St. Louis Sewer District, and shall be attested by the Secretary-Treasurer. Said Bills shall be registered in the offices of the Director of Finance and the Secretary-Treasurer, and shall be filed with the Recorder of Deeds of the City of St. Louis or of St. Louis County, Missouri, as the case may be, prior to delivery to the person entitled thereto. Said Bills shall be payable to the party entitled thereto at the office of the Secretary-Treasurer, or at 3 such bank or trust company in the City or in the County of St. Louis as shall have been designated by the District for such purpose in its ordinance creating such special benefit subdistrict, in each case at the option of the party so entitled, and shall show on their face that the real property charged thereby has been assessed ratably by area. Section Five. Except as provided in Section Six, below, Special Tax Bills shall be due on the date of issue, and shall not bear interest if paid within thirty (30) days after the date of issue. If not paid within thirty (30) days after the date of issue, such Special Tax Bills shall bear interest from the date of issue equal to that rate at which the District was able to obtain funds for the completion of the special benefit improvements, however, said rate shall not exceed twelve percent (12%) per annum. Section Six. When requested by the property owner, Special Tax Bills may be made payable in equal annual installments, not exceeding ten (10). The first annual installment shall be due on the date of issue, and subsequent annual installments shall become due on each succeeding anniversary of the date of issue. Each installment shall bear interest from the date of issue to the date the installment is due equal to that rate at which the District was able to obtain funds for the completion of the special benefit improvements, however, said rate shall not exceed twelve percent (12%) per annum. In the event of default in the payment when due of any annual installment, all unpaid installments shall become immediately due and payable at the election of the owner of the Special 4 Tax Bill, and may be enforced by suit or other proceedings in any court of competent jurisdiction. Such installments and any interest remaining due and unpaid shall bear interest from the day on which default in the payment of any installment occurs at the rate equal to that rate at which the District was able to obtain funds for the completion of the special benefit improvements, however, said rate shall not exceed twelve percent (12%) per annum. Section Seven. The installment interest rate established by this Ordinance shall not apply to any improvements which were determined to be necessary in the interest of public health by a District resolution adopted prior to the effective date hereof. Section Eight. All Special Tax Bills issued by The Metropolitan St. Louis Sewer District shall conform to the standard Special Tax Bill form adopted hereunder. Section Nine. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Board of Trustees hereby declare that they would have adopted this Ordinance, and each section, clause or phrase thereof, irrespective of the fact that any one or more of the same shall be declared unconstitutional or otherwise invalid. 5 The foregoing Ordinance was adopted March 8, 2001 by the following vote – Ayes – T.W. Purcell, M.G. Reichert, M.C. Williams, P.P. Finn, J.W. Siscel, and C.D. Seward. Nays – None. Secretary-Treasurer