HomeMy Public PortalAbout02382 O R D I N A N C E NO. 2382
AN ORDINANCE, providing revenue for the operation and
general purposes of The Metropolitan St. Louis Sewer District
(Bonfils Watershed); establishing a schedule of charges effective
January 1, 1973, to be collected from all the real property,
whether public or private, served directly or indirectly by the
public sewer systems and facilities of the former Bonfils Service
Corporation; prescribing the manner in which and time at which
such charges are to be paid; with an emergency clause.
WHEREAS, The Metropolitan St. Louis Sewer District has
acquired the former sanitary sewer system of the Bonfils Service
Corporation which lies in a portion of St. Louis County outside
the boundaries of The Metropolitan St. Louis Sewer District, and
WHEREAS, for the purpose of providing revenue for the
operation and general purposes of such sewer system hereinafter
called The Metropolitan St. Louis Sewer District (Bonfils
Watershed), it is necessary to establish a sewer service charge
for the use of such sewer system;
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 operation and general purposes of the public sewer systems
and facilities of the former Bonfils Service Corporation and as
they may be enlarged and extended is necessary for the protection
of the public health and welfare, and that such revenue shall be
derived from charges to be collected from all the real property,
whether public or private, served by such public sewer systems and
facilities, which shall be hereinafter referred to as "The
Metropolitan St. Louis Sewer District (Bonfils Watershed)."
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 directly or indirectly
by the public sewer systems and facilities of The Metropolitan St.
Louis Sewer District (Bonfils Watershed) 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 laid 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 $13.40 shall be
collected for each six months period
beginning January 1, 1973.
CLASS B:From each lot or parcel improved with a multi-
family dwelling a charge of $13.40 per
dwelling unit shall be collected for each six
months period beginning January 1, 1973.
CLASS C:From each lot or parcel improved with a trailer
court, a charge of $13.40 per trailer shall
be collected for each six months period
beginning January 1, 1973.
CLASS D:From each lot or parcel improved with other
than a single family residence or multi-
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family dwelling or a trailer court, a sum
shall be collected for each six months period
beginning January 1, 1973, 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 D Charges Previous Six Months Each Six Months Minimum Charge $13.40 First 250 Ccf $0.400 per Ccf Next 750 Ccf $0.220 per Ccf Next 2,750 Ccf $0.175 per Ccf Next 41,250 Ccf $0.170 per Ccf Over 45,000 Ccf $0.160 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 of The Metropolitan St. Louis Sewer
District (Bonfils Watershed) 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. The funds received from the collection
of said sewer service 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
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Metropolitan St. Louis Sewer District (Bonfils Watershed) and such
moneys shall be appropriated and used for the operation and
general purposes of said sewer system.
Section Four. 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 percent (15%) of the amount of the bill
rendered is hereby imposed and shall be a lien on the real
property and shall be collected along with said basic charges.
The District shall have the power to sue the owner or
owners, the occupant or occupants, and the water meter registrant
or registrants, jointly or severally, in a civil action to recover
delinquent charges plus interest from date bill rendered, plus a
reasonable attorney's fee to be fixed by the court.
Section Five. When the charges set forth in Section
Two and Section Four are unpaid after thirty (30) 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 St. Louis County.
If the Secretary-Treasurer 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
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deferred as a matter of grace for not more than fifteen days from
the mailing date. Such lien upon the real property served shall
have priority over all other liens including taxes, deeds of trust
whether of record or not, and prior judgments.
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 percent (6%) per annum on each of such charges from the
penalty date set hereinabove in Section Four 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 Six. Where any such charge provided herein
has not been paid and has been delinquent for a period of 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
service 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 Seven. 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
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to that part hereof that may be held invalid.
Section Eight. 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.
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The foregoing Ordinance was adopted January 26, 1973.