HomeMy Public PortalAbout02223 O R D I N A N C E NO. 2223
AN ORDINANCE levying special benefit assessments
against all of the land benefitted by the construction of sewers
within the boundaries of Subdistrict No. 321 (Grupp & Blaze) 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. 1855, adopted on the 6th day of
March, 1969 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 4th day of February, 1969
at the Des Peres City Hall, 1019 North Ballas Road, St. Louis
County, Missouri, pursuant to notice thereof published in the St.
Louis Post Dispatch on the 13th day of January, 1969, 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. 321 (Grupp & Blaze) of The
Metropolitan St. Louis Sewer District, and by Ordinance No. 2137,
adopted on the 11th day of March, 1971, did amend said Ordinance
No. 1855 and did thereby revise the boundary of said Subdistrict
No. 321; and,
(2) By Resolution No. 1108, adopted on the 11th day of
March, 1970, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 321 (Grupp & Blaze) 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. 321; and
(3) Did cause to be duly called and held a public
hearing at Des Peres City Hall, 1019 North Ballas Road, St. Louis
County, Missouri, at the hour of 8:00 o'clock p.m. on the 1st day
of April, 1970, at which public hearing all persons interested in
such improvement were given an opportunity to be heard; and
(4) By Resolution No. 1120, adopted on the 23rd day of
April, 1970, 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. 1120; and pursuant to
said direction, plans and specifications for the improvement were
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prepared and the Board of Trustees did approve the same on the
22nd day of February, 1971, and proper notice to contractors for
bids was published in the St. Louis Globe-Democrat on the 5th,
12th, and 19th days of March, 1971; and
(5) By Ordinance No. 2152, adopted on the 14th day of
April, 1971, did confirm a contract with Fred M. Luth Sons, Inc.,
as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 29th
day of March, 1971, 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 12th day of April, 1971; 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 Ninety-five Thousand
Four Hundred Thirty-eight and 30/100 Dollars ($95,438.30), 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 Thirteen Thousand Seven Hundred Fifty-
eight and 72/100 Dollars ($13,758.72) which sum is properly
recoverable from the contractor, and
(2) Contract items in the sum of Eighty-one Thousand
Six Hundred Seventy-nine and 58/100 Dollars ($81,679.58);
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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 Ninety-five Thousand Four Hundred Thirty-eight and 30/100
Dollars ($95,438.30) are hereby levied on all land whether public
or private but exclusive of streets, roads and alleys, in
Subdistrict No. 321 (Grupp & Blaze) of The Metropolitan St. Louis
Sewer District, as bounded in said Ordinance No. 1855, as amended
by said Ordinance No. 2137. Said levy is for the entire cost of
construction of said improvement to serve said benefitted area 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
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
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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 f 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 Thirteen Thousand Seven Hundred Fifty-eight
and 72/100 Dollars ($13,758.72) heretofore advanced from the funds
of The Metropolitan St. Louis Sewer District as a charge against
the said Subdistrict No. 321 (Grupp & Blaze).
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 September 16, 1971.