HomeMy Public PortalAbout01841 O R D I N A N C E NO. 1841
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 212 (Poplar Court) 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
treated 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. 1408, adopted on the 4th day of
November 1985 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 29th day of September,
1965 at the Mehlville Junior High School, 3100 Lemay Ferry Road,
St. Louis County, Missouri,' pursuant to notice thereof published
in the St. Louis Globe-Democrat on the 7th day of September,
1965, at which public hearing all persons interested were given
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an opportunity to be heard, did establish and prescribe the
boundaries of a subdistrict designated Subdistrict No. 212
(Poplar Court) of The Metropolitan St. Louis Sewer District and
(2) By Resolution No. 846, adopted on the 31st day of
January, 1966, did declare the necessity of an improvement con-
sisting of the construction of lateral sanitary sewers in an area
designated Subdistrict No. 212 (Poplar Court) 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 on 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.
212; and
(3) Did cause to be duly called and held a public
hearing at Mehlville Junior High School, 3100 Lemay Ferry Road,
St. Louis County, Missouri, at the hour of 8:00 o'clock p.m. on
the 28th day of February, 1966 at which public hearing all
persons interested in such improvement were given an opportunity
to be heard and
(4) By Resolution No. 859, adopted on the 10th day of
March, 1966, 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. 846; and
pursuant to said direction, plans and specifications for the
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improvement were prepared and the Board of Trustees did approve
the same on the 2nd day of February, 1968, and proper notice to
contractors for bids was published in the St. Louis Post Dispatch
on the 1st, 8th, and 15th days of July 1968; and
(5) By Ordinance No. 1768, adopted on the 1st day of
August, 1968, did confirm a contract with Karsten Equipment
Company as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 23rd
day of July 1968, 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 1st day of August, 1968; 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 Thirty-Six Thousand
Eight Hundred Fifty-Five and 81/100 Dollars ($36,855.81), 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 to cover the expense of engineering,
inspection, preparation of plans and contracts, and other costs
of supervision, in the sum of Five Thousand One Hundred Eight and
41/100 Dollars ($5,108.41) which sum is properly recoverable from
the contractor, and
(2) Contract items in the sum of Thirty-One Thousand
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Seven Hundred Forty-Seven and 10/100 Dollars ($31,747.10);
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
Thirty-Six Thousand Eight Hundred Fifty-Five and 81/100 Dollars
($36,855.81) are hereby levied on all land whether public or
private but exclusive of streets roads and alleys, in Subdistrict
No. 212 (Poplar Court) of The Metropolitan St. Louis Sewer
District, as bounded in said Ordinance No. 1408. Said levy is
for the entire cost of construction of said improvement to serve
said benefited area and said sum shall be levied notably by area
upon the lots or parcels of around 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, recorded, and delivered to
the aforesaid contractor, 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. 97 adopted September 4, 1956, and
amended by Ordinance No. 849 effective November 14, 1962, and
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said Bills shall mature at the times and shall bear the rate of
interest prescribed by said Ordinance No. 97.
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.
97 as amended 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 contractor, PROVIDED however,
that concurrently with delivery and prior to completion thereof,
said contractor shall pay to The Metropolitan St. Louis Sewer
District the aforesaid sum of Five Thousand One Hundred Eight and
71/100 Dollars ($5,108.71) heretofore advanced from the funds of
The Metropolitan St. Louis Sewer District as a charge against the
said Subdistrict No. 212 (Poplar Court).
Section Four. The completion and acceptance of the
said improvement and the immediate need for the issuance and
delivery of said Special Tax Bills in payment thereof create an
emergency within the meaning of the Plan and this Ordinance shall
be in full force and effect from and after its passage.
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The foregoing Ordinance was adopted January 23, 1969.