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.
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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hereby repealed.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
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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
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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.
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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