HomeMy Public PortalAbout12190O R D I N A N C E NO. 12190 AN ORDINANCE, levying special benefit assessments against all of the
land benefited by the construction of sewers within the boundaries of Subdistrict No.
99048 (West Watson Road - Nanell Lane) 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. 10973, adopted on the 14th day of June, 2001,
after a public hearing thereon held at 7:00 p.m. on the 1st day of May, 2001, at Sunset
Hills City Hall, 3939 South Lindbergh Blvd. Sunset Hills, Missouri, pursuant to notice
thereof published in the St. Louis Countian on the 10th day of April, 2001, 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.
99048 (West Watson Road - Nanell Lane) of The Metropolitan St. Louis Sewer
District;
(2) By Resolution No. 2422, adopted on the 13th day of September,
2001, did declare the necessity of an improvement consisting of the construction of
lateral sanitary sewers in an area designated Subdistrict No. 99048 (West Watson
Road - Nanell Lane) 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. 99048; and
(3) Did cause to be duly called and held a public hearing at Sunset
Hills City Hall, 3939 South Lindbergh Blvd., Sunset Hills, Missouri, at the hour of
7:00 p.m. on the 26th day of September, 2001, at which public hearing all persons
interested in such improvement were given an opportunity to be heard; and
(4) By Resolution No. 2423, adopted on the 11th day of October, 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. 2422; and pursuant to
said direction, plans and specifications for the improvement were prepared and the
Board did approve the same on the 11th day of December, 2003, and proper notice to
contractors for bids was published in the St. Louis Countian on the 13th, 20th, 27th days
of April,2004; and
(5) By Ordinance No. 11777, adopted on the 8th ay of July, 2004, did
confirm a contract with Gershenson Construction Co., Inc. as the lowest responsible
bidder, pursuant to bids for construction of such improvement received and opened on
the 14th day of May, 2004, 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 8th day of July, 2004; 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
Four Hundred Sixty-two Thousand Nine Hundred Thirty Dollars ($462,930.00), 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 One Hundred Seventy-eight Thousand Five Hundred
Fifty-six and 65/100 Dollars ($178,556.65),
(2) Contract items in the sum of Two Hundred Eighty-four Thousand
Three Hundred Seventy-three and 35/100 Dollars ($284,373.35), and
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 Four Hundred
Sixty-two Thousand Nine Hundred Thirty Dollars ($462,930.00) are hereby levied on
all land whether public or private but exclusive of streets, roads and alleys, in
Subdistrict No. 99048 (West Watson Road - Nanell Lane) of The Metropolitan St.
Louis Sewer District, as bounded in said Ordinance No. 10973. Said levy is for the
cost of construction of said improvement 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 April 13, 2006.