HomeMy Public PortalAbout02342 O R D I N A N C E NO. 2342
AN ORDINANCE levying special benefit assessments
against all of the land benefitted by the construction of sewers
within the boundaries of Subdistrict No. 354 (Bellefontaine Place
Sanitary Interceptor) 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. 2055, adopted on the 1st day of
July 1970 not less than three weeks after a public hearing thereon
held at 8:00 o'clock p.m. on the 7th day of January, 1970 at the
Kirby Junior High School, 1865 Dunn Road, St. Louis County,
Missouri, pursuant to notice thereof published in the St. Louis
Globe Democrat on the 16th day of December, 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. 354 (Bellefontaine Place Sanitary
Interceptor) of The Metropolitan St. Louis Sewer District; and
(2) By Resolution No. 1235, adopted on the 29th day of
October, 1971, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 354 (Bellefontaine Place Sanitary
Interceptor) 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. 354; and
(3) Did cause to be duly called and held a public
hearing at the Kirby Junior High School, 1865 Dunn Road, St. Louis
County, Missouri, at the hour of 8:00 o'clock p.m. on the 16th day
of November, 1971, at which public hearing all persons interested
in such improvement were given an opportunity to be heard; and
(4) By Resolution No. 1247, adopted on the 29th day of
November, 1971, 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.
1235; and pursuant to said direction, plans and specifications for
the improvement were prepared and the Board of Trustees did
approve the same on the 29th day of November, 1971, and proper
notice to contractors for bids was published in the St. Louis
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Post-Dispatch on the 6th, 13th, and 20th days of March, 1972; and
(5) By Ordinance No. 2286, adopted on the 13th day of
April, 1972, 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 28th
day of March, 1972, 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, 1972; 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 Forty-seven Thousand
Three Hundred Eighty-seven and 06/100 Dollars ($47,387.06), 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 Seven Thousand Nine Hundred Eighty-
seven and 06/100 Dollars ($7,987.06) which sum is properly
recoverable from the contractor, and
(2) Contract items in the sum of Thirty-nine Thousand
Four Hundred Dollars ($39,400.00), and
WHEREAS, grants in aid of said improvement have been
approved as follows:
U.S. Environmental Protection Agency . . . . $ 25,139.00
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Missouri Water Pollution Board . . . . . . . 11,427.00
Total Grants $ 36,566.00
and
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 Ten Thousand Eight Hundred Twenty-one and 06/100
Dollars ($10,821.06);
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 Ten Thousand Eight Hundred Twenty-one and 06/100 Dollars
($10,821.06) are hereby levied on all land whether public or
private but exclusive of streets, roads and alleys, in Subdistrict
No. 354 (Bellefontaine Place Sanitary Interceptor) of The
Metropolitan St. Louis Sewer District, as bounded in said
Ordinance No. 2055. 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
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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
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 Seven Thousand Nine Hundred Eighty-
seven and 06/100 Dollars ($7,987.06) heretofore advanced from the
funds of The Metropolitan St. Louis Sewer District as a charge
against the said Subdistrict No. 354 (Bellefontaine Place Sanitary
Interceptor).
Section Four. The completion and acceptance of the
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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.
The foregoing Ordinance was adopted October 18, 1972.