HomeMy Public PortalAbout02841 O R D I N A N C E NO. 2841
AN ORDINANCE levying special benefit assessments
against all of the land benefitted by the construction of sewers
within the boundaries of Subdistrict No. 385 (Natural Bridge &
Bridgeton 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 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. 2319, adopted on the 24th day of
August, 1972, not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 18th day of July, 1972,
at the Pattonville Elementary School, 4020 Fee Fee Road, St. Louis
County, Missouri, pursuant to notice thereof published in the St.
Louis Globe-Democrat on the 26th day of June, 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. 385 (Natural Bridge &
Bridgeton Sanitary Interceptor) of The Metropolitan St. Louis
Sewer District; and
(2) By Resolution No. 1305, 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. 385 (Natural Bridge & Bridgeton
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. 385; and
(3) Did cause to be duly called and held a public
hearing at the Pattonville Elementary School, 4020 Fee Fee Road,
St. Louis County, Missouri, at the hour of 8:00 o'clock p.m. on
the 15th 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. 1307, adopted on the 30th day of
November, 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.
1305; and pursuant to said direction, plans and specifications for
the improvement were prepared and the Board of Trustees did
3
approve the same on the 13th day of November, 1974, and proper
notice to contractors for bids was published in The St. Louis
Countian on the 20th and 27th days of November, and the 4th day of
December, 1974; and
(5) By Ordinance No. 2720, adopted on the 8th day of
January, 1975, 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 12th day of December,
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 6th 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 Sixty-two Thousand
Seven Hundred Twenty-six and 41/100 Dollars ($62,726.41), 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 Eight Thousand Nine Hundred and 34/100
Dollars ($8,900.34), which sum is properly recoverable from the
contractor, and
(2) Contract items in the sum of Fifty-three Thousand
Eight Hundred Twenty-six and 07/100 Dollars ($53,826.07), and
4
WHEREAS, grants in aid of said improvement have been
approved, as follows: Environmental Protection Agency of the United States . . . . . . . . . . $ 44,036.27 Clean Water Commission of the State of Missouri . . . . . . . . $ 8,807.25 and
WHEREAS, after deduction of said grants in aid from the
entire cost of the improvement, the part of the cost to be paid by
Special Tax Bills, as originally proposed for the entire cost,
amounts to Nine Thousand Eight Hundred Eighty-two and 89/100
Dollars ($9,882.89);
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 Nine Thousand Eight Hundred Eighty-two and 89/100 Dollars
($9,882.89) are hereby levied on all land whether public or
private but exclusive of streets, roads and alleys, in Subdistrict
No. 385 (Natural Bridge & Bridgeton Sanitary Interceptor) of The
Metropolitan St. Louis Sewer District, as bounded in said
Ordinance No. 2319. 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
5
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
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 Eight Thousand Nine Hundred and
34/100 Dollars ($8,900.34) heretofore advanced from the funds of
The Metropolitan St. Louis Sewer District as a charge against the
said Subdistrict No. 385 (Natural Bridge & Bridgeton Sanitary
6
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. The foregoing Ordinance was adopted June 11, 1975.