HomeMy Public PortalAbout02350 O R D I N A N C E NO. 2350
AN ORDINANCE levying special benefit assessments
against all of the land benefitted by the construction of sewers
within the boundaries of Subdistrict No. 355 (Bellefontaine Place
Central) 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. 2056, 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, Hazelwood,
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. 355 (Bellefontaine Place Central) of
The Metropolitan St. Louis Sewer District; and
(2) By Resolution No. 1236, 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. 355 (Bellefontaine Place Central)
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. 355; and
(3) Did cause to be duly called and held a public
hearing at Kirby Junior High School, 1865 Dunn Road, Hazelwood,
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. 1248, 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.
1236; and pursuant to said direction, plans and specifications for
the improvement were prepared and the Board of Trustees did
approve the same on the 6th day of January, 1972, and proper
notice to contractors for bids was published in the St. Louis
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Globe Democrat on the 13th, 20th and 27th days of June, 1972; and
(5) By Ordinance No. 2312, adopted on the 13th day of
July, 1972, did confirm a contract with Meiners Company, as the
lowest responsible bidder, pursuant to bids for construction of
such improvement received and opened on the 5th day of July, 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 July,
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 Twenty-eight Thousand
Six Hundred Twenty-three and 15/100 Dollars ($28,623.15), 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 Four Thousand Ninety-eight and 20/100
Dollars ($4,098.20) which sum is properly recoverable from the
contractor, and
(2) Contract items in the sum of Twenty-four Thousand
Five Hundred Twenty-four and 95/100 Dollars ($24,524.95), and
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
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of Twenty-eight Thousand Six Hundred Twenty-three and 15/100
Dollars ($28,623.15) are hereby levied on all land whether public
or private but exclusive of streets, roads and alleys, in
Subdistrict No. 355 (Bellefontaine Place Central) of The
Metropolitan St. Louis Sewer District, as bounded in said
Ordinance No. 2056. 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
prescribed by said Ordinance No. 97.
Section Three. The Director of Finance and the
Secretary-Treasurer are hereby authorized and directed to cause
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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 Four Thousand Ninety-eight and
20/100 Dollars ($4,098.20) heretofore advanced from the funds of
The Metropolitan St. Louis Sewer District as a charge against the
said Subdistrict No. 355 (Bellefontaine Place Central).
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 November 30, 1972.