HomeMy Public PortalAbout02976 O R D I N A N C E NO. 2976
AN ORDINANCE levying special benefit assessments
against all of the land benefitted by the construction of sewers
within the boundaries of Subdistrict No. 406 (Old Olive and
Lindbergh) 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. 2718, adopted on the 8th day of
January, 1975, not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 12th day of December,
1974, at the Spoede School, 425 North Spoede Road, St. Louis
County, Missouri, pursuant to notice thereof published in the St.
Louis Countian on the 20th day of November, 1974, 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. 406 (Old Olive and Lindbergh) of The
Metropolitan St. Louis Sewer District; and
(2) By Resolution No. 1420, adopted on the 12th day of
February, 1975, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 406 (Old Olive and Lindbergh) 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. 406; and
(3) Did cause to be duly called and held a public
hearing at the Spoede School, 425 North Spoede Road, St. Louis
County, Missouri, at the hour of 8:00 o'clock p.m. on the 5th day
of March, 1975, at which public hearing all persons interested in
such improvement were given an opportunity to be heard; and
(4) By Resolution No. 1421, adopted on the 12th day of
March, 1975, 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. 1420; and pursuant to
said direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the
26th day of March, 1975, and proper notice to contractors for bids
was published in the St. Louis Countian on the 17th and 24th days
3
of September, and the 1st day of October, 1975; and
(5) By Ordinance No. 2944, adopted on the 29th day of
October, 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 9th
day of October, 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 28th day of October, 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 Twenty-three Thousand
One Hundred Sixty-five and 06/100 Dollars ($23,165.06), 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 Three Thousand Five Hundred Forty-nine
and 75/100 Dollars ($3,549.75), which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of Nineteen Thousand Six
Hundred Fifteen and 31/100 Dollars ($19,615.31), 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
4
of Twenty-three Thousand One Hundred Sixty-five and 06/100 Dollars
($23,165.06) are hereby levied on all land whether public or
private but exclusive of streets, roads and alleys, in Subdistrict
No. 406 (Old Olive and Lindbergh) of The Metropolitan St. Louis
Sewer District, as bounded in said Ordinance No. 2718. 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
5
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 Three Thousand Five Hundred
Forty-nine and 75/100 Dollars ($3,549.75) heretofore advanced from
the funds of The Metropolitan St. Louis Sewer District as a charge
against the said Subdistrict No. 406 (Old Olive and Lindbergh).
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.
6
The foregoing Ordinance was adopted January 14, 1976.