HomeMy Public PortalAbout03189 O R D I N A N C E NO. 3189
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 409 (Prigge & Larimore)
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, proceedizig under the authority of
the aforesaid Plan, the Board of Trustees of The Metropolitan St.
Louis Sewer Dictrict, 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. 2919, adopted on the 27th day of
August, 1975, not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 5th day of August, 1975
at the Larimore School, 1025 Trampe Road, St. Louis County,
Missouri, pursuant to notice thereof published in the St. Louis
Countian on the 12th day of July, 1975, at which public hearing
all persons interested were given an opportunity to be heard, did
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establish and prescribe the boundaries of a subdistrict
designated Subdistrict No. 409 (Prigge & Larimore) of The
Metropolitan St. Louis Sewer District; and by Ordinance No. 2998,
adopted February 11, 1976, did amend the boundaries of said
Subdistrict; and
(2) By Resolution No. 1448, adopted on the 11th day of
February, 1976, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 409 (Prigge & Larimore) 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 viithin such
Subdistrict N;. 409; and
(3) Did cause to be duly called and held a public
hearing at the Kirby Junior High School, 1865 Dunn Road, St.
Louis County, Missouri, at the hour of 8:00 o'clock p.m. on the
4th day of March, 1976, at which public hearing all persons
interested in such improvement were given an opportunity to be
heard; and
(4) By Resolution No. 1449, adopted on the 10th day of
March, 1976, 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
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according to the provisions of said Resolution No. 1448; and
pursuant to said direction, plans and specifications for the
improvement were prepared and the Board of Trustees did approve
the same on the 8th day of June, 1976, and proper notice to
contractors for bids was published in the St. Louis Countian on
the 16th, 23rd, and 30th days of June, 1976; and
(5) By Ordinance No. 3103, 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 Executiye 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
improvement has been completed satisfactorily by the contractor
and that the entire cost thereof amounts to Eighty Thousand One
Hundred Seventy-six and 18/100 Dollars ($80,176.18), which sum
ic, 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 Four Hundred Twenty-
one and 02/100 Dollars ($3,421.02) which sum is properly
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recoverable from the contractor, and
(2) Contract items in the sum of Seventy-six Thousand
Seven Hundred Fifty-five and 16/100 Dollars ($76,755.16),
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
Eighty Thousand One Hundred Seventy-six and 18/100 Dollars
($80,176.18) are hereby levied on all land whether public or
private but exclusive of streets, roads and alleys, in
Subdistrict No. 409 (Prigge & Larimore) of The Metropolitan St.
Louis Sewer District, as bounded in said Ordinance No. 2919, as
amended by Ordinance No. 2998. 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, iscued, 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
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Bill form of The Metropolitan St. Louis Sewer District as
provided by Ordinance No. 97 adopted September 4, 1956, and
amerded 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 Three Thousand Four Hundred Twenty-
one and 02/100 Dollars ($3,421.02) heretofore advanced from the
funds of The Metropolitan St. Louis Sewer District as a charge
against the said Subdistrict No. 409 (Prigge & Larimore).
Section Four. The completion and acceptance of the
sai3 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 January 26, 1977.