HomeMy Public PortalAbout02771 O R D I N A N C E NO. 2771
AN ORDINANCE levying special benefit assessments
against all of the land benefitted by the construction of sewers
within the boundaries of Subdistrict No. 386 (Littie Drive) 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. 2285, adopted on the 13th day of
April, 1972 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 22nd day of March, 1972
at the Lindbergh High School, 4900 South Lindbergh, St. Louis
County, Missouri, pursuant to notice thereof published in the St.
Louis Post-Dispatch on the 29th day of February, 1972, 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. 386 (Littie Drive) of The
Metropolitan St. Louis Sewer District; and
(2) By Resolution No. 1280, adopted on the 22nd day of
June, 1972, did declare the necessity of an improvement consisting
of the construction of lateral sanitary sewers in an area
designated Subdistrict No. 386 (Littie Drive) 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.
386; and
(3) Did cause to be duly called and held a public
hearing at Lindbergh High School, 4900 South Lindbergh, St. Louis
County, Missouri, at the hour of 8:00 o'clock p.m. on the 11th day
of July, 1972, at which public hearing all persons interested in
such improvement were given an opportunity to be heard; and
(4) By Resolution No. 1286, adopted on the 27th day of
July, 1972, 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. 1280; and pursuant to
said direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the
27th day of March, 1974, and proper notice to contractors for bids
was published in the St. Louis Daily Record on the 9th, 16th and
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23rd days of May, 1974; and
(5) By Ordinance No. 2613, adopted on the 26th day of
June, 1974, 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 31st day of May, 1974,
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 11th day of June,
1974; 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 Thirty-five Thousand
Three Hundred Seventy and 95/100 Dollars ($35,370.95), 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 Seven Hundred Fifty and
64/100 Dollars ($4,750.64) which sum is properly recoverable from
the contractor, and
(2) Contract items in the sum of Thirty Thousand Six
Hundred Twenty and 31/100 Dollars ($30,820.31), 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 Thirty-five Thousand Three Hundred Seventy and 95/100 Dollars
($35,370.95) are hereby levied on all land whether public or
private but exclusive of streets, roads and alleys, in Subdistrict
No. 386 (Littie Drive) of The Metropolitan St. Louis Sewer
District, as bounded in said Ordinance No. 2285. 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
the Special Tax Bills herein described to be prepared and to
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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 Seven Hundred Fifty
and 64/100 Dollars ($4,750.64) heretofore advanced from the funds
of The Metropolitan St. Louis Sewer District as a charge against
the said Subdistrict No. 386 (Littie Drive).
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 February 28, 1975.