HomeMy Public PortalAbout00609 O R D I N A N C E NO. 609
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the purchase of a sanitary
sewer system to serve the area of Benefit Subdistrict No. 109
(Oakborough) 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; with an emergency clause.
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; 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. 429, adopted on the 28th day of
July, 1960 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 20th day of June, 1960 at
the Moline Elementary School, 1860 Chambers Road, St. Louis
County, Missouri, pursuant to notice thereof published in the St.
Louis Globe-Democrat on the 27th day of May, 1960, at which public
hearing all persons interested were given an opportunity to be
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heard, did establish and prescribe the boundaries of a subdistrict
designated Benefit Subdistrict No. 109 (Oakborough) of The
Metropolitan St. Louis Sewer District; and
(2) By Resolution No. 362, adopted on the 22nd day of
December, 1960, did declare the necessity of extending the public
sewer system by purchasing a private sanitary sewer system in an
area designated Benefit Subdistrict No. 109 (Oakborough) of The
Metropolitan St. Louis Sewer District from Town Service, Inc., and
did provide that the entire cost of such extension and purchase
shall be paid for by special tax bills or other evidence of
special benefit assessments levied on all land benefited by such
extension and purchase, whether public or private, exclusive of
public streets, roads and alleys within such Benefit Subdistrict
No. 109; and
(3) Did cause to be duly called and held a public
hearing at St. Sebastian's School, 1826 Chambers Road, St. Louis
County, Missouri, at the hour of 8:00 o'clock p.m. on the 19th day
of January, 1961, at which public hearing all persons interested
in such extension and purchase were given an opportunity to be
heard; and
(4) By Resolution No. 375, adopted on the 9th day of
February, 1961, did determine that it is in the public interest
that such extension and purchase be made, and did direct that The
Metropolitan St. Louis Sewer District proceed with the said
extension and purchase according to the provisions of said
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Resolution No. 362; and
WHEREAS, the Board of Trustees is informed that title
to said sanitary sewer system and the necessary and appurtenant
rights incident to the operation thereof are now vested in the
stockholders or former stockholders of said Town Service, Inc., as
its successors or assigns, and that title to same will be conveyed
to the District on payment in special tax bills issued in
accordance with the standard provisions and terms provided in
Ordinance No. 97; and
WHEREAS, the entire cost of such extension of the
public sewer system has been determined by the Executive Director
to amount to One Hundred Sixty Thousand Dollars ($160,000.00),
which sum is the total of the following two components, to wit:
(1) The purchase price of said sanitary sewer system
as extended and improved, together with the necessary and
appurtenant rights incident to the operation thereof, in the sum
of One Hundred Fifty-two Thousand Two Hundred Dollars
($152,200.00), and
(2) Advancements from the funds of the District
for the expenses of appraising, title examination, engineering and
inspection, recording fees, and other costs incident to such
purchase in the sum of Seven Thousand Eight Hundred Dollars
($7,800.00);
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES
OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT:
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Section One. Special benefit assessments in the sum of
One Hundred Sixty Thousand Dollars ($160,000.00) are hereby levied
on all land, whether public or private but exclusive of public
streets, roads and alleys, in Benefit Subdistrict No. 109
(Oakborough) of The Metropolitan St. Louis Sewer District, as
bounded in said Ordinance No. 429. Said levy is for the entire
cost of extending the public sewer system by purchase of said
sanitary sewer system and all rights appurtenant thereto to serve
said benefited area, whether or not within its boundaries. 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 public
streets, roads and alleys.
Section Two. There are hereby authorized and ordered
to be prepared, issued, registered, recorded and delivered to the
aforesaid Town Service, Inc., its successors or assigns, as soon
as practicable after the Executive Director shall have determined
that complete unencumbered title to said property will be received
by the District, 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. 97 adopted September 4, 1956, and said Bills shall mature at
the times and shall bear the rate of interest prescribed by said
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Ordinance No. 97.
Section Three. The Executive Director, 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, certify and attest the same in accordance
with said Ordinance No. 97; 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; and thereupon to
deliver the said Special Tax Bills to the said Town Service, Inc.,
its successors or assigns, PROVIDED, however, that concurrently
with delivery and prior to completion thereof, said seller shall
pay to The Metropolitan St. Louis Sewer District the aforesaid sum
of Seven Thousand Eight Hundred Dollars ($7,800.00) constituting
advancements from the funds of The Metropolitan St. Louis Sewer
District as a charge against the said Benefit Subdistrict No. 109
(Oakborough).
Section Four. The completion of the District's
investigation and the need for the issuance and delivery of said
Special Tax Bills without delay create an emergency within the
meaning of the Plan, and this ordinance shall accordingly take
effect immediately upon its enactment.
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The foregoing Ordinance was adopted August 31, 1961.