HomeMy Public PortalAbout03533REPEALED 5/28/80 BY ORDINANCE NO. 4036 O R D I N A N C E NO. 3533
AN ORDINANCE, providing revenue for the operation and
general purposes of The Metropolitan St. Louis Sewer District
(Spanish Lake #1), establishing a schedule of charges effective
July 1, 1978, 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 Metropolitan St. Louis Sewer
District (Spanish Lake #1); prescribing the manner in which and
time at which such charges are to be paid.
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 (Spanish Lake
#1), 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 Metropolitan St. Louis Sewer District
(Spanish Lake #1) 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.
Section Two. For the purposes stated in Section One,
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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 (Spanish Lake #1) 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.
From each lot or parcel improved with a single-family residence, a
charge of $15.00 shall be collected for each six month
period beginning July 1, 1978.
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 (Spanish Lake #1) 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. All funds received from the collection
of said sewer service charges as herein established shall be
deposited by the Secretary-Treasurer in the Improvement Fund,
subject to appropriation, by ordinance, for the sole purpose of
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operation, maintenance and to pay cost of a sanitary sewer system
including sanitary interceptor sewers and sewage treatment
facilities for The Metropolitan St. Louis Sewer District (Spanish
Lake #1).
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
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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. 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
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would have enacted the remainder of this Ordinance, without regard
to that part hereof that may be held invalid. The foregoing Ordinance was adopted June 16, 1978.