HomeMy Public PortalAbout02812 O R D I N A N C E NO. 2812
AN ORDINANCE levying special benefit assessments
against all of the land benefitted by the construction of sewers
within the boundaries of Subdistrict No. 223 (Rock Hill & Green
Springs 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. 2313, adopted on the 27th day of
July, 1972, not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 5th day of July, 1972 at
the Washington Park School, 145 East Old Watson Road, St. Louis
County, Missouri, pursuant to notice thereof published in the St.
Louis Globe-Democrat on the 13th day of June, 1972, at which
public hearing all persons interested were given an opportunity to
be heard did repeal Ordinance No. 1016, adopted August 28, 1963,
and did establish and prescribe the boundaries of a subdistrict
designated Subdistrict No. 223 (Rock Hill & Green Springs Sanitary
Interceptor) of The Metropolitan St. Louis Sewer District; and by
Ordinance No. 2709, adopted December 11, 1974, and Ordinance No.
2810, adopted May 20, 1975, did amend the description of the
boundaries of said Subdistrict; and
(2) By Resolution No. 1304, adopted on the 2nd day of
November, 1972, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 223 (Rock Hill & Green Springs
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. 223; and
(3) Did cause to be duly called and held a public
hearing at the Washington Park School, 145 East Old Watson Road,
St. Louis County, Missouri, at the hour of 8:00 o'clock p.m. on
the 29th day of November, 1972, at which public hearing all
persons interested in such improvement were given an opportunity
to be heard; and
(4) By Resolution No. 1314, adopted on the 27th day of
December, 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
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improvement according to the provisions of said Resolution No.
1304; and pursuant to said direction, plans and specifications for
the improvement were prepared and the Board of Trustees did
approve the same on the 23rd day of October, 1974, and proper
notice to contractors for bids was published in The St. Louis
Countian on the 30th day of October, and the 6th and 13th days of
November 1974; and
(5) By Ordinance No. 2710, adopted on the 11th day of
December, 1974, 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 21st
day of November, 1974, which contract was virtually executed by
the Contractor and by the Executive Director and the Secretary-
Treasurer on behalf of The Metropolitan St. Louis Sewer District,
on the 26th day of November, 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 Forty-seven Thousand
Forty-five and 29/100 Dollars ($47,045.29), 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 Six Thousand Seven Hundred Eighty-six
and 71/100 Dollars ($6,786.71) which sum is properly recoverable
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from the contractor, and
(2) Contract items in the sum of Forty Thousand Two
Hundred Fifty-eight and 58/100 Dollars ($40,258.58), and
WHEREAS, grants in aid of said improvement have been
approved as follows: Environmental Protection Agency of the United States . . . . . . . . . . . . . $ 27,497.93 Clean Water Commission of the State of Missouri . . . . . . . . . . . $ 5,499.59 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 Fourteen Thousand Forty-seven and 77/100 Dollars
($14,047.77);
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 Fourteen Thousand Forty-seven and 77/100 Dollars ($14,047.77)
are hereby levied on all land whether public or private but
exclusive of streets, roads and alleys, in Subdistrict No. 223
(Rock Hill & Green Springs Sanitary Interceptor) of The
Metropolitan St. Louis Sewer District, as bounded in said
Ordinance No. 2313, as amended by Ordinance No. 2709, and
Ordinance No. 2810. 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
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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
permitted 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,
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said contractor shall pay to The Metropolitan St. Louis Sewer
District the aforesaid sum of Six Thousand Seven Hundred Eighty-
six and 71/100 Dollars ($6,786.71) heretofore advanced from the
funds of The Metropolitan St. Louis Sewer District as a charge
against the said Subdistrict No. 223 (Rock Hill & Green Springs
Sanitary Interceptor).
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.