HomeMy Public PortalAbout00799 O R D I N A N C E NO. 799
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 Subdistrict No. 181 (Bataan and
Boswell) 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. 699, with amendment No. 1, adopted
on the twenty-third day of April, 1962 not less than three weeks
after a public hearing thereon held at 8:00 o'clock p. m. on the
fifteenth day of January, 1962, at the Kratz School, 4301
Edmondson Road, St. Louis County, Missouri, pursuant to notice
thereof published in the St. Louis Post-Dispatch on the eighteenth
day of December, 1961, at which public hearing all persons
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interested were given an opportunity to be heard, did establish
and prescribe the boundaries of a subdistrict designated
Subdistrict No. 181 (Bataan and Boswell) of The Metropolitan St.
Louis Sewer District, and as amended by Ordinance No. 755 adopted
on the twenty-eighth day of May, 1962, and
(2) By Resolution No. 504, adopted on the nineteenth
day of March, 1962, did declare the necessity of extending the
public sewer system by purchasing a private sanitary sewer system
in an area designated Subdistrict No. 181 Bataan and Boswell) of
The Metropolitan St. Louis Sewer District from: F. J. Sewald
Realty Co. 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
Subdistrict No. 181; and
(3) Did cause to be duly called and held a public
hearing at the Kratz School, 4301 Edmondson Road, St. Louis
County, Missouri, at the hour of 8:00 o'clock p. m. on the ninth
day of April, 1962, at which public hearing all persons interested
in such extension and purchase were given an opportunity to be
heard; and
(4) By Resolution No. 516, adopted on the 23rd day of
April, 1962, did determine that it is in the public interest that
such extension and purchase be made, and did direct that The
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Metropolitan St. Louis Sewer District proceed with the said
extension and purchase according to the provisions of said
Resolution No. 504; 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 F. J.
Sewald Realty Co. Inc. 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 Twenty-One Thousand One Hundred Twenty Dollars ($21,
120.00), 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 Nineteen Thousand Two Hundred
Dollars ($19,200.00), 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 One
Thousand Nine Hundred Twenty Dollars ($1,920.00);
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
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Twenty-One Thousand One Hundred Twenty Dollars ($21,120.00) are
hereby levied on all land, whether public or private but exclusive
of public streets, roads and alleys, in Subdistrict No. 181
(Bataan and Boswell) of The Metropolitan St. Louis Sewer District,
as bounded in said Ordinance No.755. 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 against all lots or parcels of land in the
above described benefit area, whether public or private, in equal
proportion per lot or parcel of ground, 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 F. J. Sewald Realty Co.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.
Section Three. The Executive Director, the Director of
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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 F. J. Sewald
Realty Co. 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 One Thousand Nine Hundred Twenty Dollars
($1,920.00) constituting advancements from the funds of The
Metropolitan St. Louis Sewer District as a charge against the said
Subdistrict No. 181 (Bataan and Boswell)
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.
The foregoing Ordinance was adopted July 20, 1962.
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