HomeMy Public PortalAbout02804 O R D I N A N C E NO. 2804
AN ORDINANCE levying special benefit assessments
against all of the land benefitted by the construction of sewers
within the boundaries of Subdistrict No. 400 (Crystal View & West
Point) 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 has
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. 2524, adopted on the 13th day of
February, 1974 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 17th day of January, 1974
at the Des Peres School, 12006 Manchester Road, St. Louis County,
Missouri, pursuant to notice thereof published in the St. Louis
Post-Dispatch on the 26th day of December, 1973, 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. 400 (Crystal View & West Point) of The
Metropolitan St. Louis Sewer District; and
(2) By Resolution No. 1386, adopted on the 13th day of
March, 1974, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 400 (Crystal View & West Point) 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, road and alleys within such
Subdistrict No. 400; and
(3) Did cause to be duly called and held a public
hearing at Des Peres School, 12006 Manchester Road, St. Louis
County, Missouri, at the hour of 8:00 o'clock p.m. on the 28th day
of March, 1974, at which public hearing all persons interested in
such improvement were given an opportunity to be heard; and
(4) By Resolution No. 1390, adopted on the 10th day of
April, 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. 1386; 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 November, 1974, and proper notice to contractors for
bids was published in The St. Louis Countian on the 17th, 24th and
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31st days of December, 1974; and
(5) By Ordinance No. 2753, adopted on the 12th day of
February, 1975, 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 8th
day of January, 1975, 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 21st day of January, 1975; 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 Fifteen Thousand Six
Hundred Eighty-eight and 06/100 Dollars ($15,688.06), 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 Five Thousand One Hundred Twenty-three
and 68/100 Dollars ($5,123.68) which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of Ten Thousand Five
Hundred Sixty-four and 38/100 Dollars ($10,564.38), 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 Fifteen Thousand Six Hundred Eighty-eight and 06/100 Dollars
($15,688.06) are hereby levied on all land whether public or
private but exclusive of streets, roads and alleys, in Subdistrict
No. 400 (Crystal View & West Point) of The Metropolitan St. Louis
Sewer District, as bounded in said Ordinance No. 2524. 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 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 Five Thousand One Hundred Twenty-
three and 68/100 Dollars ($5,123.68) heretofore advanced from the
funds of The Metropolitan St. Louis Sewer District as a charge
against the said Subdistrict No. 400 (Crystal View & West Point).
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 May 20, 1975.