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O R D I N A N C E NO. 8659 AMENDED BY 9508-3/9/95
AN ORDINANCE amending Ordinance No. 7543 to impose a
revised schedule of Capital Improvement Surcharges.
WHEREAS, on Tuesday, August 2, 1988 a special election
was held within The Metropolitan St. Louis Sewer District (the
"District") at which more than a majority of the qualified voters
of the District voted in favor of a proposition to approve a
schedule of Capital Improvement Surcharges (the "Capital
Improvement Surcharges") to be collected for a period of not to
exceed seven years from all of the property served by the
sewerage facilities of the District and to be deposited in a
Clean Water Capital Improvement Trust Fund to be used for the
purpose of financing certain sewage treatment facilities and
other capital improvements required by the federal Clean Water
Act and the Missouri Clean Water Law, to remove pollutants in
wastewater discharges to the Mississippi, Missouri and Meramec
Rivers (the "Consent Decree and Compliance Projects"); and
WHEREAS, the Board is currently collecting the Capital
Improvement Surcharges and applying the proceeds thereof to fund
the Consent Decree and Compliance Projects, as provided in
Ordinances No. 7456 and No. 7543; and
WHEREAS, the estimated cost of completing the Consent
Decree and Compliance Projects is less than the $436,000,000
originally estimated; and
WHEREAS, the District has obtained and expects to
obtain funds for construction of the Consent Decree and
Compliance Projects from state and federal grants and investment
earnings; and
WHEREAS, as a result of the decrease in the estimated
cost of the Consent Decree and Compliance Projects and the
expected receipt by the District of grants and investment
earnings to assist in the funding of such Projects, the District
believes that adequate funds can be obtained from the Capital
Improvements Surcharge to fund completion of the Consent Decree
and Compliance Projects if the Schedule of Capital Improvement
Surcharges is reduced to the Schedule as provided in this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES
OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section One. That Appendix I to Ordinance No. 7543 be
repealed and a revised Appendix I be enacted to read as follows:
APPENDIX I
CAPITAL IMPROVEMENT SURCHARGES
Schedule A
Residential Property (per month)
Single Unit Residence $2.50
Multi-unit Residence $1.88/unit
Schedule B
Non-residential Property (per month)
Base Charge $0.75
Volume Charge
All Volume $0.19/100 cubic feet
Extra Strength Capital Improvement Surcharges if water usage
equals or exceeds 8000 cubic feet per month:
Suspended Solids (SS)
over 350 mg/liter $44.30/ton
(milligrams per liter)
Biochemical Oxygen Demand (BOD)
over 300 mg/liter $65.70/ton
(milligrams per liter)
Chemical Oxygen Demand (COD)
over 600 mg/liter $32.85/ton
(milligrams per liter)
Section Two. Section Seven of Ordinance No. 7543 is
hereby repealed and a new Section Seven is enacted to read as
follows:
"Section Seven. Capital Improvement Surcharges a Lien.
The Capital Improvement Surcharges shall constitute a lien upon
the Property served by the System on the date a bill therefor is
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rendered and said lien shall have the same priority as taxes
levied for state and county purposes. All Capital Improvement
Surcharges that remain unpaid shall bear interest at a rate not
to exceed the lower of eighteen percent (18%) per annum or the
maximum legal rate from the time a notice of lien is filed with
the appropriate recorder of deeds as hereunder prescribed. The
Director of Administration of the District may cause a notice of
lien for non-payment of such charges to be filed in the Office of
the Recorder of Deeds within and for the City of St. Louis, St.
Louis County, or such other counties in which Property served by
the System is located, as the case may be. Such notice of lien
shall state the amount of the delinquent Capital Improvement
Surcharges and shall adequately describe the Property against
which such lien is asserted. A copy of such notice of lien shall
be mailed to the reputed Owner of the Property 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 thirty days
from the mailing date.
After such notice of lien is filed of record, the fees
of the Recorder for filing and releasing said lien shall also be
payable to the District as a prerequisite to releasing said
lien."
Section Three. That this Ordinance shall be effective
for sewer bills issued after June 30, 1992.
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The foregoing Ordinance was adopted May 13, 1992.