HomeMy Public PortalAbout11637 O R D I N A N C E NO. 11637
AN ORDINANCE, levying special benefit assessments against all of
the land benefited by the construction of sewers within the boundaries of
Subdistrict No. 91112 (Ozark & Tablerock) of The Metropolitan St. Louis Sewer
District; directing issuance of Special Tax Bills evidencing said levy; setting out
the form, terms and provisions of said Special Tax Bills.
WHEREAS, The Metropolitan St. Louis Sewer District was created
pursuant to a Plan adopted by the voters of the City of St. Louis and of St. Louis
County, Missouri, at a special election held on Tuesday, the 9th day of February,
1954, all as provided and authorized by Sections 30(a) and 30(b) of Article VI of
the Constitution of the State of Missouri; said Plan having been amended by the
voters of the City of St. Louis and of St. Louis County, Missouri at an election
held on Tuesday, the 7th day of November 2000; and
WHEREAS, thereafter, proceeding under the authority of the
aforesaid Plan, the Board of Trustees of The Metropolitan St. Louis Sewer
District, pursuant to proceedings duly and lawfully had in accordance with the
provisions of said Plan, did proceed as follows, to wit:
1. By Ordinance No. 10871, adopted on the 14th day of
December, 2000, after a public hearing thereon held at 7:00 p.m. on the 24th
day of October, 2000, at Barretts Elementary School, 1780 Carman Road, St.
Louis County, Missouri, pursuant to notice thereof published in the St. Louis
Countian on the 29th day of September, 2000, at which public hearing all persons
interested were given an opportunity to be heard, did establish and prescribe the
boundaries of a subdistrict designated Subdistrict No. 91112 (Ozark &
Tablerock) of The Metropolitan St. Louis Sewer District;
(2) By Resolution No. 2399, adopted on the 8th day of March,
2001, did declare the necessity of an improvement consisting of the construction
of lateral sanitary sewers in an area designated Subdistrict No. 91112 (Ozark &
Tablerock) of The Metropolitan St. Louis Sewer District, and did provide that the
entire cost of such improvement shall be paid for by Special Tax Bills or other
evidence of special benefit assessments levied on all land benefited by such
construction, whether public or private, exclusive of streets, roads and alleys
within such Subdistrict No. 91112; and
(3) Did cause to be duly called and held a public hearing at
Barretts Elementary School, 1780 Carman Road, St. Louis County, Missouri, at
the hour of 7:00 p.m. on the 19th day of March, 2001, at which public hearing all
persons interested in such improvement were given an opportunity to be heard;
and
(4) By Resolution No. 2403, adopted on the 12th day of April,
2001, did determine that it is in the public interest that such improvement be
made, and did direct that The Metropolitan St. Louis Sewer District proceed with
the said improvement according to the provisions of said Resolution No. 2399;
and pursuant to said direction, plans and specifications for the improvement
were prepared and the Board did approve the same on the 20th day of February,
2002, and proper notice to contractors for bids was published in the St. Louis
Countian on the 26th day of September and the 3rd and 10th days of October,
2002; and
(5) By Ordinance No. 11375, adopted on the 13th day of
December, 2002, did confirm a contract with Essex Contracting, Inc., as the
lowest responsible bidder, pursuant to bids for construction of such
improvement received and opened on the 29th day of October, 2002, which
contract was formally executed by the contractor and by the Executive Director
and the Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer
District, on the 13th day of December, 2002; and
WHEREAS, the construction of said improvement is hereby accepted
upon the Executive Director's determination that said improvement has been
completed satisfactorily by the contractor and that the entire cost thereof
amounts to Five Hundred Sixty-seven Thousand Two Hundred Twelve Dollars
($567,212.00), which sum is the total of the following two components, to wit:
(1) An advancement from the funds of The Metropolitan St. Louis
Sewer District, in the sum of Two Hundred Nineteen Thousand Thirteen and
90/100 Dollars ($219,013.90),
(2) Contract items in the sum of Three Hundred Forty-eight
Thousand One Hundred Ninety-eight and 10/100 Dollars ($348,198.10), and
WHEREAS, the District has agreed to contribute the sum of Two
Hundred Thirty Thousand Dollars ($230,000.00), which has been applied toward
the cost of construction of said improvement.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section One. Special benefit assessments in the sum of Three
Hundred Thirty-seven Thousand Two Hundred Twelve Dollars ($337,212.00) are
hereby levied on all land whether public or private but exclusive of streets, roads
and alleys, in Subdistrict No. 91112 (Ozark & Tablerock) of The Metropolitan St.
Louis Sewer District, as bounded in said Ordinance No. 10871. Said levy is for
the cost of construction of said improvement remaining after the aforesaid
contribution from The Metropolitan St. Louis Sewer District to serve said
benefited area, and said sum shall be levied ratably by area upon the lots or
parcels of ground within said benefited area, whether public or private, in the
proportion that the area each such lot or parcel of ground bears to the said
entire benefited area, exclusive of streets, roads and alleys.
Section Two. There are hereby authorized and ordered to be
prepared, issued, registered, and recorded, as soon as practicable after the
Executive Director shall have determined that said contractor has fully
performed under said contract, Special Tax Bills evidencing the levy of the
special benefit assessments provided in Section One hereof. Said bills shall be
prepared on the standard Special Tax Bill form of The Metropolitan St. Louis
Sewer District as provided by Ordinance No. 10928, adopted March 8, 2001, and
said Bills shall mature at the times and shall bear the rate of interest prescribed
by said Ordinance No. 10928.
Section Three. The Director of Finance and the Secretary-Treasurer
are hereby authorized and directed to cause the Special Tax bills herein
described to be prepared and to execute and attest the same in accordance with
said Ordinance No. 10928; to cause the same to be registered in the offices of the
Director of Finance and of the Secretary-Treasurer; to cause the same to be
recorded in the office of the Recorder of Deeds of St. Louis County, Missouri.
The foregoing Ordinance was adopted December 11, 2003 by the following vote
Ayes – M.A. Rhodes, C. Brown, D. Joyce-Hayes, J.M. Swartz, and R.J. Baer.
Nays – None.
Secretary-Treasurer