HomeMy Public PortalAbout02048 O R D I N A N C E NO. 2048
AN ORDINANCE levying special benefit assessments
against all of the land benefitted by the construction of sewers
within the boundaries of Subdistrict No. 235 (Des Peres Branch of
Sugar Creek) 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. 1173, adopted on the 24th day of
June, 1964 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 27th day of May, 1964 at
the Des Peres School, 12006 Manchester Road, St. Louis County,
Missouri, pursuant to notice thereof published in the St. Louis
Post-Dispatch on the 4th day of May, 1964, 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. 235 (Des Peres Branch of Sugar Creek) of The
Metropolitan St. Louis Sewer District, and did amend said
Ordinance No. 1173 by Ordinance No. 1275 adopted on the 25th day
of February, 1965, and by Ordinance No. 1701 adopted on the 20th
day of December, 1967, and did thereby amend the boundaries of
said Subdistrict No. 235; and
(2) By Resolution No. 743, adopted on the 10th day of
September, 1964, did declare the necessity of an improvement
consisting of the construction of sub-trunk sanitary sewers in an
area designated Subdistrict No. 235 (Des Peres Branch of Sugar
Creek) 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 benefitted by such construction,
whether public or private, exclusive of streets, roads and alleys
within such Subdistrict No. 235; and
(3) Did cause to be duly called and held a public
hearing at the Kirkwood High School, 801 West Essex Avenue,
Kirkwood, St. Louis County, Missouri, at the hour of 8:00 o'clock
p.m. on the 6th day of October, 1964, at which public hearing all
persons interested in such improvement were given an opportunity
to be heard; and
(4) By Resolution No. 761, adopted on the 10th day of
May, 1965, 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
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to the provisions of said Resolution No. 743; and pursuant to said
direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the
18th day of January, 1968, and proper notice to contractors for
bids was published in the St. Louis Post-Dispatch on the 15th,
22nd, and 29th days of May, 1968; and
(5) By Ordinance No. 1791, adopted on the 26th day of
September, 1968, did confirm a contract with E. J. Fischer, as the
lowest responsible bidder, pursuant to bids for construction of
such improvement received and opened on the 6th day of June, 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 16th day of July,
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 Seven Hundred Forty-
six Thousand Nine Hundred Twelve and 01/100 Dollars ($746,912.01);
and
WHEREAS, grants in aid of said improvement have been
approved as follows:
Federal Water Pollution Control Administration $301,638.00
Missouri Water Pollution Board 137,100.00
Total Grants $438,738.00
and
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WHEREAS, after deduction of said grants in aid from the
entire cost of the improvement, the part of the cost to be paid
for by Special Tax Bills, as originally proposed for the entire
cost, amounts to Three Hundred Eight Thousand One Hundred Seventy-
four and 01/100 Dollars ($308,174.01);
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 Three Hundred Eight Thousand One Hundred Seventy-four and
01/100 Dollars ($308,174.01) are hereby levied on all land whether
public or private, but exclusive of streets, roads and alleys in
Subdistrict No. 235 (Des Peres Branch of Sugar Creek) of The
Metropolitan St. Louis Sewer District, as bounded in said
Ordinance No. 1173, as amended by said Ordinances No. 1275 and No.
1701. Said levy is for the entire cost of construction of said
improvement to serve said benefitted area not paid for by said
grants in aid and said sum shall be levied ratably by area upon
the lots or parcels of ground within said benefitted area, whether
public or private, in the proportion that the area each such lot
or parcel of ground bears to the said entire benefitted 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
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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 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.
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 June 4, 1970.