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HomeMy Public PortalAbout01097 AMENDED BY ORDINANCE NO. 1830 AMENDED BY ORDINANCE NO. 2296 REPEALED BY ORDINANCE NO. 2412 O R D I N A N C E NO. 1097 AN ORDINANCE, providing revenue for the operation and general purposes of the Mississippi River Subdistrict of The Metropolitan St. Louis Sewer District; establishing a schedule of charges effective January 1, 1964, to be collected from all the real property, whether public or private, served by the public sewer systems and facilities in the Mississippi River Subdistrict; prescribing the manner in which and time at which such charges are to be paid; with an emergency clause. WHEREAS, the Mississippi River Subdistrict of The Metropolitan St. Louis Sewer District is without revenue and has been dependent on loans of surplus general funds from the District in order to pay for its operation and for the accomplishment of its general purposes, and WHEREAS, the District will be unable to advance further sums of money in the substantial amounts expected to be required by such Subdistrict, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. It is declared that independent revenue for the Mississippi River Subdistrict of The Metropolitan St. Louis Sewer District is necessary for the protection of the public health and welfare, such Subdistrict having been created to 2 control and to abate the pollution of the Mississippi River by collecting and treating the sewage flowing in such Subdistrict; and that such revenue shall be derived from charges to be collected from all the real property, whether public or private, served by the public sewer systems and facilities in such Subdistrict. Section Two. For the purposes stated in Section One, the charges established herein shall be collected from all real property, whether public or private, served by the public sewer systems and facilities in the Mississippi River Subdistrict according to the classification of each lot or parcel, as set forth below. Such charges shall constitute a lien on the real property charged on the date a bill therefor is rendered. Charges against public property shall be paid as provided in Section 3.020 (16) of the Plan of The Metropolitan St. Louis Sewer District. CLASS A:From each lot or parcel improved with a single- family residence, a charge of $9.00 shall be collected for each twelve months period beginning January 1, 1964. CLASS B:From each lot or parcel improved with a multi- family dwelling, a charge of $6.75 per dwelling unit shall be collected for each twelve months period beginning January 1, 1964. CLASS C:From each lot or parcel improved with other 3 than a single family residence or multi- family dwelling, a sum shall be collected for each six months period beginning January 1, 1964, to be fixed according to water consumption thereon during the preceding six months or equivalent period at the rates set forth hereinafter. Water Consumption Class C Subdistrict Charges Previous Six Months Each Six Months Minimum Charge $9.00 First 500 Ccf $0.080 per Ccf Next 2,000 Ccf $0.070 per Ccf Next 7,500 Ccf $0.060 per Ccf Next 90,000 Ccf $0.050 Per Ccf Over 100,000 Ccf $0.040 per Ccf An improved lot or parcel of real property, whether public or private, shall be deemed to be served within the meaning of this ordinance when it has an active sewer connection with the sewer systems and facilities in the Mississippi River Subdistrict or if it otherwise discharges sewage, industrial wastes, water, or other liquids or solids directly or indirectly to said systems and facilities or if the discharge of such substances therefrom ultimately enters said systems and facilities. Section Three. In case a lot or parcel of land subject to the charges provided hereinabove is supplied either wholly or partly with water from wells or any source other than a Public 4 Water Supplier then such wells or other source of supply shall be registered with the Executive Director of The Metropolitan St. Louis Sewer District on or before April 1, 1964, and if the supply is not measured by a water meter, or is measured by a water meter not acceptable to the Executive Director, then in such case, the owner or other interested party, at his own expense shall install and maintain water meters meeting the standards of meters used by the City of St. Louis or the St. Louis County Water Company and otherwise satisfactory to the Executive Director on all supplies, and the quantity of water used to determine said Subdistrict charge shall be the quantity as measured by the single meter or the sum of the quantities measured by the several meters. Whenever a new well or other source of water other than a public water supply shall be put into use after the effective date of this ordinance by any lot or parcel of land subject to the charges provided hereinabove, such source of water shall be registered with the Executive Director of The Metropolitan St. Louis Sewer District within thirty days. Section Four. Where it can be shown to the satisfaction of the Executive Director that a portion of the water as measured by the water meter or meters does not enter said sewerage systems and facilities, then and in that event the Executive Director is hereby authorized to determine, in such manner and by such method as he may deem practicable, the percentage of the water measured by the meter which enters the sewerage systems and facilities. In such case the charges and 5 rates shall be based upon the percentage of the metered water so determined by the Executive Director. The Executive Director may require or shall permit the installation of additional meters at the owner's or interested party's expense in such manner as to measure the quantity of water actually entering the sewerage systems and facilities from the premises of such owner or interested party, and the quantity of water used to determine said Subdistrict charge shall be the quantity of water actually entering the sewerage systems and facilities as so determined. Applications from industries or businesses, requesting consideration for a reduction in the Subdistrict charge because of water not entering the sewerage systems and facilities, shall be made to the Executive Director of The Metropolitan St. Louis Sewer District, in writing, giving: name of account, firm, industry or business; the address; the particular water department or account number; the water meter number or numbers; and supporting data for requesting reduction of the charge, together with a sketch to approximate scale showing the plan of the property, water distribution, sewer layout, the existing meters and proposed meters in the scheme to determine the quantity of flow entering or not entering the sewerage system and facilities. This should be supplemented with a flow diagram to indicate the destination of the water supply and the wastes. Section Five. lt shall be unlawful for any person, firm or corporation to furnish any false reports of information to The Metropolitan St. Louis Sewer District which would tend to 6 reduce said Subdistrict charge. Section Six. The funds received from the collection of said Subdistrict charges shall be deposited daily as received by the Secretary-Treasurer of The Metropolitan St. Louis Sewer District, and shall be deposited into an account known as the General Fund of the Mississippi River Subdistrict, and such moneys shall be appropriated and used for the operation and general purposes of said Subdistrict. Section Seven. The Executive Director shall establish collection offices at convenient locations throughout said Subdistrict, and may change the location of such collection offices from time to time. He is hereby authorized to enter into contracts with the owners or operators of business establishments to provide collection service of said Subdistrict charges at such locations as are selected by him and may provide in such contracts for the payment by said Subdistrict to the collection agency for rendering such collection services a fee, in no event to exceed three cents per bill for each bill collected and remitted to the District. Such contracts shall provide that that collection agency shall, at intervals in no case longer than one week, remit all collections to the District. Section Eight. If the charges provided hereinabove in Section Two are not paid within fifteen (15) days after the date any bill therefor is rendered then an additional delayed payment charge equal to fifteen per cent (15%) of the amount of the bill rendered is hereby imposed and shall be a lien on the real 7 property and shall be collected along with said basic charges. Section Nine. When the charges set forth in Section Two and Section Eight are unpaid after ninety (90) days from the date the bill for the basic charges was rendered then the amount overdue may be collected by either or both of two procedures: (A) by suit or other proceedings in any court of competent jurisdiction; and (B) by enforcement of the lien provided hereinabove in Section Two. Proceedings for the enforcement of said lien shall be begun by the filing of notice thereof in the Office of the Recorder of Deeds within and for the City of St. Louis or St. Louis County, as may be appropriate. If the Executive Director so directs, a copy of such notice may be mailed to the reputed owner of the land charged and the filing of such notice in the Office of the Recorder of Deeds may be deferred as a matter of grace for not more than fifteen days from the mailing date. Whenever such notice of lien has been so filed, the owner of the property thereby charged may secure the release of said lien upon payment to the District of all unpaid charges and penalties on such property, plus interest thereon at the rate of six per cent (6%) per annum on each of such charges from the penalty date set hereinabove in Section Eight to the date of payment, and plus the fees of the Recorder of Deeds for filing such notice of lien and releasing the same. Section Ten. Where any Subdistrict charge provided herein has not been paid and has been delinquent for a period of 8 six months, The Metropolitan St. Louis Sewer District shall have the right to order the water supply to be shut off for the premises for which such charge is delinquent or to remove or close any sewer connections, or both, until payment of such delinquent Subdistrict charges together with the reasonable costs involved in shutting off and turning on the water or closing and reopening the sewer connection as the case may be, have been paid. Section Eleven. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $50.00 nor more than $500.00, and each day's violation shall constitute a separate offense. The imposition of such penalty shall in no wise restrict or deprive the District of its right to pursue any other remedy it may have for the collection of any delinquent bill for such Subdistrict charges. Section Twelve. The Board of Trustees 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 of Trustees hereby declaring that it would have enacted the remainder of this Ordinance without regard to that part hereof that may be held invalid. Section Thirteen. The words "the sewer systems and facilities in the Mississippi River Subdistrict" as herein used shall mean and include the public sewers of all sizes and classes within said Subdistrict, including the public interceptor and collecting sewers, pumping stations, and the sewage treatment 9 system for said Subdistrict under construction and to be constructed. Section Fourteen. Since this is a revenue ordinance and such revenue being necessary for the preservation of the public health, as recited above, an emergency exists within the meaning of the Plan. Accordingly this Ordinance shall take effect immediately upon its adoption. The foregoing Ordinance was adopted December 19, 1963.