HomeMy Public PortalAbout04553 O R D I N A N C E NO. 4553
AN ORDINANCE, levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 491 (Yaeger & Hollow Oak)
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. 4196, adopted on the 22nd day of
October, 1980, not less than three weeks after a public hearing
thereon held at 7:30 o'clock P.M. on the 30th day of September,
1980, at the Oakville Senior High School, 5557 Milburn Road, St.
Louis County, Missouri, pursuant to notice thereof published in
the St. Louis Countian on the 6th day of September, 1980, 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. 491 (Yaeger and Hollow Oak)
of The Metropolitan St. Louis Sewer District, and by Ordinance No.
4317, adopted April 1, 1981, did amend the boundaries of the
aforesaid Subdistrict No. 491; and
(2) By Resolution No. 1590, adopted on the 14th day of
January, 1980, did declare the necessity of an improvement con-
sisting of the construction of lateral sanitary sewers in an area
designated Subdistrict No. 491 (Yaeger and Hollow Oak) 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 Sub-
district No. 491; and
(3) Did cause to be duly called and held a public
hearing at the Oakville Senior High School, 5557 Milburn Road, St.
Louis County, Missouri, at the hour of 7:30 o'clock P.M. on the
29th day of January, 1981, at which public hearing all persons
interested in such improvement were given an opportunity to be
heard; and
(4) By Resolution No. 1595, adopted on the 25th day of
February, 1981, 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.
1590; and pursuant to said direction, plans and specifications for
the improvement were prepared and the Board did approve the same
on the 11th day of February, 1981, and proper notice to
contractors for bids published in the St. Louis Countian on the
18th and 25th days of March, 1981, and the 1st day of April, 1981;
and
(5) By Ordinance No. 4347, adopted on the 29th day of
April, 1981, did confirm a contract with J. H. Berra General
Construction, Inc., as the lowest responsible bidder, pursuant to
bids for construction of such improvement received and opened on
the 9th day of April, 1981, 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 14th day of April, 1981; 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 Eleven Thousand Five
Hundred Sixty-one and 49/100 Dollars ($11,561.49), 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, exclusive of any engineering, survey,
and inspection costs, in the sum of Three Hundred Ninety-nine and
48/100 Dollars ($399.48), and
(2) Contract items in the sum of Eleven Thousand One
Hundred Sixty-two and 01/100 Dollars ($11,162.01),
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
Eleven Thousand Five Hundred Sixty-one and 49/100 Dollars
($11,561.49) are hereby levied on all land whether public or
private but exclusive of streets, roads and alleys, in Subdistrict
No. 491 (Yaeger and Hollow Oak) of The Metropolitan St. Louis
Sewer District, as bounded in said Ordinance No. 4196, as amended
by Ordinance No. 4317. 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
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.
The foregoing Ordinance was adopted November 18, 1981.