HomeMy Public PortalAbout03992 O R D I N A N C E NO. 3992
AN ORDINANCE, levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 435 (Lindbergh and St.
John's Church 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.
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. 3413, adopted on the 11th day of
January, 1978, not less than three weeks after a public hearing
thereon held at 7:00 o'clock P.M. on the 20th day of December,
1977, at the Lindbergh Senior High School, 4900 South Lindbergh
Boulevard, St. Louis County, Missouri, pursuant to notice thereof
published in the St. Louis Countian on the 26th day of November,
1977, at which public hearing all persons interested were given an
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opportunity to be heard, did establish and prescribe the
boundaries of a subdistrict designated Subdistrict No. 435
(Lindbergh and St. John's Church Road) of The Metropolitan St.
Louis Sewer District; and
(2) By Resolution No. 1530, adopted on the 10th day of
May, 1978, did declare the necessity of an improvement consisting
of the construction of lateral sanitary sewers in an area
designated Subdistrict No. 435 (Lindbergh and St. John's Church
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. 435; and
(3) Did cause to be duly called and held a public
hearing at the Lindbergh Senior High School, 4900 South Lindbergh
Boulevard, St. Louis County, Missouri, at the hour of 7:30 o'clock
P.M. on the 24th day of May, 1978, at which public hearing all
persons interested in such improvement were given an opportunity
to be heard; and
(4) By Resolution No. 1537, adopted on the 16th day of
June, 1978, 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. 1530; and pursuant to
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said direction, plans and specifications for the improvement were
prepared and the Board did approve the same on the 11th day of
April 1979, and proper notice to contractors for bids was
published in the St. Louis Countian on the 2nd, 9th, and 16th days
of August, 1979; and
(5) By Ordinance No. 3853, adopted on the 12th day of
September, 1979, 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 24th
day of August, 1979, 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 11th day of September, 1979; 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 One Hundred Forty-five
Thousand Five and 55/100 Dollars ($145,005.55), 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 Three Thousand Eight Hundred
Twenty-five and 87/100 Dollars ($3,825.87), and
(2) Contract items in the sum of Ninety-three Thousand
Two Hundred Thirty-nine and 20/100 Dollars ($93,239.20), and
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The outfall portion of said project, which expense is
to be assumed by the District, in the sum of Forty-seven Thousand
Nine Hundred Forty and 48/100 Dollars ($47,940.48),
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
Ninety-seven Thousand Sixty-five and 07/100 Dollars ($97,065.07)
are hereby levied on all land whether public or private but
exclusive of streets, roads and alleys, in Subdistrict No. 435
(Lindbergh and St. John's Church Road) of The Metropolitan St.
Louis Sewer District, as bounded in said Ordinance No. 3413. 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
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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.
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The foregoing Ordinance was adopted March 26, 1980.