HomeMy Public PortalAbout04787 O R D I N A N C E NO. 4787
AN ORDINANCE, levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 484 (Topping Estates
North) 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. 3882, adopted on the 14th day of
November, 1979, not less than three weeks after a public hearing
thereon held at 7:30 o'clock P.M. on the 11th day of October,
1979, at the Hiram Neuwoehner School, 12112 Clayton Road, Town and
Country, Missouri, pursuant to notice thereof published in the St.
Louis Countian on the 19th day of September, 1979, at which
public hearing all persons interested were given an opportunity to
be heard, did establish and prescribe the boundaries of a
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subdistrict designated Subdistrict No. 484 (Topping Estates
North) of The Metropolitan St. Louis Sewer District;
(2) By Resolution No. 1577, adopted on the 22nd day of
October, 1980, did declare the necessity of an improvement con-
sisting of the construction of lateral sanitary sewers in an area
designated Subdistrict No. 484 (Topping Estates North) 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. 484; and
(3) Did cause to be duly called and held a public
hearing at the Hiram Neuwoehner School, 12112 Clayton Road, Town
and Country, Missouri, at the hour of 7:30 o'clock P.M. on the 5th
day of November, 1980, at which public hearing all persons
interested in such improvement were given an opportunity to be
heard; and
(4) By Resolution No. 1581, adopted on the 12th day of
November, 1980, 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.
1577; and pursuant to said direction, plans and specifications for
the improvement were prepared and the Board did approve the same
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on the 11th day of February, 1981, and proper notice to con-
tractors for bids was published in the St. Louis Countian on the
7th, 14th, and 21st days of March, 1981; and
(5) By Ordinance No. 4342, adopted on the 22nd 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 30th day of March, 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 7th 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 One Hundred Sixty-five
Thousand Eight Hundred Sixty-three and 52/100 Dollars
($165,863.52), 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 One Thousand Three Hundred
Twenty-nine and 22/100 Dollars ($1,329.22), and
(2) Contract items in the sum of One Hundred Sixty-four
Thousand Five Hundred Thirty-four and 30/100 Dollars
($164,534.30),
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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
One Hundred Sixty-five Thousand Eight Hundred Sixty-three and
52/100 Dollars ($165,863.52) are hereby levied on all land whether
public or private but exclusive of streets, roads and alleys, in
Subdistrict No. 484 (Topping Estates North) of The Metropolitan
St. Louis Sewer District, as bounded in said Ordinance No. 3882.
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.
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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 August 11, 1982.