HomeMy Public PortalAbout02953 O R D I N A N C E NO. 2953
AN ORDINANCE levying special benefit assessments
against all of the land benefitted by the construction of sewers
within the boundaries of Subdistrict No. 361 (Ponca Trail 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. 2415, adopted on the 19th day of
April, 1973, not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 20th day of March, 1973,
at the Osage Hills School, 1110 South Glenwood Lane, St. Louis
County, Missouri, pursuant to notice thereof published in the St.
Louis Post-Dispatch on the 26th day of February, 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. 361 (Ponca Trail Sanitary
Interceptor) of The Metropolitan St. Louis Sewer District; and
(2) By Resolution No. 1352, adopted on the 20th day of
June, 1973, did declare the necessity of an improvement consisting
of the construction of lateral sanitary sewers in an area
designated Subdistrict No. 361 (Ponca Trail 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. 361; and
(3) Did cause to be duly called and held a public
hearing at the Osage Hills School, 1110 South Glenwood Lane, St.
Louis County, Missouri, at the hour of 8:00 o'clock p.m. on the
19th day of July, 1973, at which public hearing all persons
interested in such improvement were given an opportunity to be
heard; and
(4) By Resolution No. 1362, adopted on the 26th day of
July, 1973, 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. 1352; and pursuant to
said direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the
12th day of March, 1975, and proper notice to contractors for bids
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was published in the St. Louis Countian on the 29th day of March,
and the 5th and 12th days of April, 1975; and
(5) By Ordinance No. 2837, adopted on the 11th day of
June, 1975, did confirm a contract with Gampco Incorporated, as
the lowest responsible bidder, pursuant to bids for construction
of such improvement received and opened on the 21st day of April,
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 13th day of May,
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 Seventy-eight Thousand
Seven Hundred Forty-six and 17/100 Dollars ($78,746.17), 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 Seven Thousand Nine Hundred Fifty-nine
and 57/100 Dollars ($7,959.57), which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of Seventy Thousand
Seven Hundred Eighty-six and 60/100 Dollars ($70,786.60), and
WHEREAS, grants in aid of said improvement have been
approved as follows:
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Environmental Protection Agency of the United States . .
$59,796.11
Clean Water Commission of the State of Missouri . . . .
$11,959.22
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 Six Thousand Nine Hundred Ninety and 84/100
Dollars ($6,990.84);
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 Six Thousand Nine Hundred Ninety and 84/100 Dollars ($6,990.84)
are hereby levied on all land whether public or private but
exclusive of streets, roads and alleys, in Subdistrict No. 361
(Ponca Trail Sanitary Interceptor) of The Metropolitan St. Louis
Sewer District, as bounded in said Ordinance No. 2415. 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
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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 Seven Thousand Nine Hundred
Fifty-nine and 57/100 Dollars ($7,959.57) heretofore advanced from
the funds of The Metropolitan St. Louis Sewer District as a charge
against the said Subdistrict No. 361 (Ponca Trail Sanitary
Interceptor).
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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 December 10, 1975.