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O R D I N A N C E NO. 3120
AN ORDINANCE, levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 395 (Pelota and Valencia)
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. 2558, adopted on the 27th day of
March, 1974 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 5th day of March, 1974 at
the Twillman Elementary School, 11831 Bellefontaine Road, St.
Louis County, Missouri, pursuant to notice thereof published in
the St. Louis Globe-Democrat on the 11th day of February, 1974, at
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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. 395 (Pelota and Valencia)
of The Metropolitan St. Louis Sewer District; and by Ordinance No.
2923, adopted September 10, 1975, did amend the boundaries of said
subdistrict; and
(2) By Resolution No. 1440, adopted on the 15th day of
October, 1975, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 395 (Pelota and Valencia) 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 benefited by such construction, whether public or
private, exclusive of streets, roads and alleys within such
Subdistrict No. 395; and
(3) Did cause to be duly called and held a public
hearing at The Twillman Elementary School, 11831 Bellefontaine
Road, St. Louis County, Missouri, at the hour of 8:00 o'clock p.m.
on the 13th day of November, 1975, at which public hearing all
persons interested in such improvement were given an opportunity
to be heard; and
(4) By Resolution No. 1442, adopted on the 10th day of
December, 1975, did determine that it is in the public interest
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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. 1440; and
pursuant to said direction, plans and specifications for the
improvement were prepared and the Board of Trustees did approve
the same on the 10th day of December, 1975, and proper notice to
contractors for bids was published in the St. Louis Countian on
the 31st day of March, and the 7th and 14th days of April, 1976;
and
(5) By Ordinance No. 3050, adopted on the 28th day of
April, 1976, did confirm a contract with Karsten Equipment Company
as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 21st
day of April, 1976, 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 27th day of April, 1976; 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 Fifty-three Thousand
Six Hundred Seventy-five and 46/100 Dollars ($53,675.46),
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES
OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT:
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Section One. Special benefit assessments in the sum of
Fifty-three Thousand Six Hundred Seventy-five and 46/100 Dollars
($53,675.46) are hereby levied on all land whether public or
private but exclusive of streets, roads and alleys, in Subdistrict
No. 395 (Pelota and Valencia) of The Metropolitan St. Louis Sewer
District, as bounded in said Ordinance No. 2558, as amended by
Ordinance No. 2923. Said levy is for the entire cost of
construction of said improvement to serve said benefited area and
said sum shall be levied ratably by area upon the lots or parcels
of ground within said benefited area, whether public or private,
in the proportion that the area each such lot or parcel of ground
bears to the said entire benefited area, exclusive of streets,
roads and alleys.
Section Two. There are hereby authorized and ordered to
be prepared, issued, registered, and recorded 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.
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 August 11, 1976.