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HomeMy Public PortalAbout00610 O R D I N A N C E NO. 610 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. 112 (Heege- Valcour) 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. 442, adopted on the first day of September, 1960 not less than three weeks after a public hearing thereon held at 8:00 o'clock p.m. on the third day of August, 1960, at the Mesnier School, 6930 Weber Road, St. Louis County, Missouri, pursuant to notice thereof published in the St. Louis Post-Dispatch on the eleventh day of July, 1960, at which public hearing all persons interested were given an opportunity to be 2 heard, did establish and prescribe the boundaries of a subdistrict designated Benefit Subdistrict No. 112 (Heege-Valcour) of the Metropolitan St. Louis Sewer District, and (2) By Resolution No. 348, adopted on the seventh day of October, 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. 112 (Heege-Valcour) 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. 112; and (3) Did cause to be duly called and held a public hearing at the Mesnier School, 6930 Weber Road, St. Louis County, Missouri, at the hour of 8:00 o'clock p.m. on the first day of November, 1960, at which public hearing all persons interested in such extension and purchase were given an opportunity to be heard; and (4) By Resolution No. 355, adopted on the 22nd day of December, 1960, 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 3 Resolution No. 348; 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 Ninety-four Thousand Two Hundred Fifty and 53/100 Dollars ($194,250.53), which sum is the total of the following two components, to wit: (1) The purchase price of said sanitary sewer system, together with the necessary and appurtenant rights incident to the operation thereof, in the sum of One Hundred Eighty-seven Thousand Five Hundred Dollars ($187,500.00), and (2) Advancements from the funds of the District for the expenses of appraising, title examination, engineering, recording fees, and other costs incident to such purchase in the sum of Six Thousand Seven Hundred Fifty and 53/100 Dollars ($6,750.53); 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 4 One Hundred Ninety-four Thousand Two Hundred Fifty and 53/100 Dollars ($194,250.53) are hereby levied on all land, whether public or private but exclusive of public streets, roads and alleys, in Subdistrict No. 112 (Heege-Valcour) of The Metropolitan St. Louis Sewer District, as bounded in said Ordinance No. 442. 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 Ordinance No. 97. 5 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 Six Thousand Seven Hundred Fifty and 53/100 Dollars ($6,750.53) constituting advancements from the funds of The Metropolitan St. Louis Sewer District as a charge against the said Benefit Subdistrict No. 112 (Heege-Valcour). Section Four. The completion of the District's investigation and the need for 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. 6 The foregoing Ordinance was adopted August 31, 1961.