HomeMy Public PortalAbout03179 O R D I N A N C E NO. 3179
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 352 (Hudson Road) 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. 2079, adopted on the 10th day of
September, 1970, not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 18th day of August, 1970
at the Lee Hamilton School, 401 Powell Avenue, St. Louis County,
Missouri, pursuant to notice thereof published in the St. Louis
Post-Dispatch on the 27th day of July, 1970, at which public
hearing all persons interested were given an opportunity to be
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heard, did establish and prescribe the boundaries of a subdistrict
designated Subdistrict No. 352 (Hudson Road) of The Metropolitan
St. Louis Sewer District; and
(2) By Resolution No. 1438, adopted on the 12th day of
November, 1975, did declare the necessity of an improvement con-
sisting of the construction of lateral sanitary sewers in an area
designated Subdistrict No. 352 (Hudson Road) 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.
352; and
(3) Did cause to be duly called and held a public
hearing at the Lee Hamilton School, 401 Powell Avenue, St. Louis
County, Missouri, at the hour of 8:00 o'clock p.m. on the 2nd day
of December, 1975, at which public hearing all persons interested
in such improvement were given an opportunity to be heard; and
(4) By Resolution No. 1445, adopted on the 10th day of
December, 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.
1438; and pursuant to said direction, plans and specifications for
the improvement were prepared and the Board of Trustees did
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approve the same on the 25th day of February, 1976, and proper
notice to contractors for bids was published in the St. Louis
Countian on the 17th and 24th days of June and the 1st day of
July, 1976; and
(5) By Ordinance No. 3105, adopted on the 28th day of
July, 1976, 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 8th day of July, 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 13th day of July,
1976; and
WHEREAS, the construction of said improvement is hereby
accepted upon the Executive Director's determination that said im-
provement has been completed satisfactorily by the contractor and
that the entire cost thereof amounts to Seventy-two Thousand Five
Hundred Fifty-six and 72/100 Dollars ($72,556.72), which sum is
the total of the following three components, to wit:
(1) An advancement from the funds of The Metropolitan
St. Louis Sewer District, exclusive of any engineering, survey,
and inspection costs, in the sum of Seven Thousand Four Hundred
Thirty-eight and 52/100 Dollars ($7,438.52). and
(2) Contract items in the sum of Fifty-five Thousand
Six Hundred Fifty-eight and 10/100 Dollars ($55,658.10), and
(3) The outfall portion of said project, which expense
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is to be assumed by the District, in the sum of Nine Thousand Four
Hundred Sixty and 10/100 Dollars ($9,460.10);
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
Sixty-three Thousand Ninety-six and 62/100 Dollars ($63,096.62)
are hereby levied on all land whether public or private but ex-
clusive of streets, roads and alleys, in Subdistrict No. 352
(Hudson Road) of The Metropolitan St. Louis Sewer District, as
bounded in said Ordinance No. 2079. 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, 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
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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.
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 December 29, 1976.