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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, 2 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 3 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 4 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 5 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.