HomeMy Public PortalAbout02519 O R D I N A N C E NO. 2519
AN ORDINANCE levying special benefit assessments
against all of the land benefitted by the construction of sewers
within the boundaries of Subdistrict No. 268 (Lin Ferry - Tesson
Ferry) 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. 1864, adopted on the 3rd day of
April, 1969 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 25th day of February,
1969 at the Lindbergh Eighth Grade Center (formerly Lindbergh
Junior High), 4900 South Lindbergh, St. Louis County, Missouri,
pursuant to notice thereof published in the St. Louis Post-
Dispatch on the 3rd day of February, 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. 268 (Lin Ferry - Tesson Ferry) of The Metropolitan
St. Louis Sewer District; and by Ordinance No. 2032, adopted on
the 7th day of May, 1970, by Ordinance No. 2167, adopted on the
20th day of May, 1971, by Ordinance No. 2242, adopted on the 29th
day of October, 1971, and by Ordinance No. 2262, adopted on the
9th day of February, 1972, did amend said Ordinance No. 1864 and
by said amendments did prescribe amended boundaries for said
Subdistrict; and
(2) By Resolution No. 1109, 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. 268 (Lin Ferry - Tesson Ferry) 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. 268; and
(3) Did cause to be duly called and held a public
hearing at the St. Louis County Library (Tesson Ferry Branch),
9920 Lin-Ferry Drive, St. Louis County, Missouri, at the hour of
8:00 o'clock p.m. on the 8th 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. 1121, adopted on the 7th day of
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May, 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. 1109; and pursuant to
said direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the
22nd day of December, 1971, and proper notice to contractors for
bids was published in the St. Louis Globe-Democrat on the 13th,
20th, and 27th days of January, 1972; and
(5) By Ordinance No. 2268, adopted on the 24th day of
February, 1972, did confirm a contract with Gerstner Electric,
Inc., as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 4th
day of February, 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 22nd day of February, 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 Two Hundred
Twenty-three Thousand Six Hundred Eighty-three and 27/100 Dollars
($223,683.27); and
WHEREAS, a grant in aid of said improvement has been
approved as follows:
Federal Housing and Urban Development . . . $ 45,000.00
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and
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WHEREAS, after deduction of said grant 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 One Hundred Seventy-eight Thousand Six Hundred
Eighty-three and 27/100 Dollars ($178,683.27);
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 One Hundred Seventy-eight Thousand Six Hundred Eighty-three and
27/100 Dollars ($178,683.27) are hereby levied on all land whether
public or private but exclusive of streets, roads and alleys, in
Subdistrict No. 268 (Lin Ferry - Tesson Ferry) of The Metropolitan
St. Louis Sewer District, as bounded in said Ordinance No. 1864,
as amended by Ordinance No. 2032, Ordinance No. 2167, Ordinance
No. 2242, and Ordinance No. 2262. 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
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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
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. The foregoing Ordinance was adopted January 23, 1974.