O R D I N A N C E NO. 12190 AN ORDINANCE, levying special benefit assessments against all of the land benefited by the construction of sewers within the boundaries of Subdistrict No. 99048 (West Watson Road - Nanell Lane) 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; said Plan having been amended by the voters of the City of St. Louis and of St. Louis County, Missouri at an election held on Tuesday, the 7 th day of November 2000; 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. 10973, adopted on the 14 th day of June, 2001, after a public hearing thereon held at 7:00 p.m. on the 1 st day of May, 2001, at Sunset Hills City Hall, 3939 South Lindbergh Blvd. Sunset Hills, Missouri, pursuant to notice thereof published in the St. Louis Countian on the 10 th day of April, 2001, 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. 99048 (West Watson Road - Nanell Lane) of The Metropolitan St. Louis Sewer District; (2) By Resolution No. 2422, adopted on the 13 th day of September, 2001, did declare the necessity of an improvement consisting of the construction of lateral sanitary sewers in an area designated Subdistrict No. 99048 (West Watson Road - Nanell Lane) 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. 99048; and (3) Did cause to be duly called and held a public hearing at Sunset Hills City Hall, 3939 South Lindbergh Blvd., Sunset Hills, Missouri, at the hour of 7:00 p.m. on the 26 th day of September, 2001, at which public hearing all persons interested in such improvement were given an opportunity to be heard; and (4) By Resolution No. 2423, adopted on the 11 th day of October, 2001, 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. 2422; and pursuant to said direction, plans and specifications for the improvement were prepared and the Board did approve the same on the 11 th day of December, 2003, and proper notice to
contractors for bids was published in the St. Louis Countian on the 13th, 20th, 27th days of April,2004; and (5) By Ordinance No. 11777, adopted on the 8 th ay of July, 2004, did confirm a contract with Gershenson Construction Co., Inc. as the lowest responsible bidder, pursuant to bids for construction of such improvement received and opened on the 14 th day of May, 2004, 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 8 th day of July, 2004; 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 Four Hundred Sixty-two Thousand Nine Hundred Thirty Dollars ($462,930.00), 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, in the sum of One Hundred Seventy-eight Thousand Five Hundred Fifty-six and 65/100 Dollars ($178,556.65), (2) Contract items in the sum of Two Hundred Eighty-four Thousand Three Hundred Seventy-three and 35/100 Dollars ($284,373.35), and 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 Four Hundred Sixty-two Thousand Nine Hundred Thirty Dollars ($462,930.00) are hereby levied on all land whether public or private but exclusive of streets, roads and alleys, in Subdistrict No. 99048 (West Watson Road - Nanell Lane) of The Metropolitan St. Louis Sewer District, as bounded in said Ordinance No. 10973. Said levy is for the 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. 10928, adopted March 8, 2001, and said Bills shall mature at the times and shall bear the rate of interest prescribed by said Ordinance No. 10928. 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. 10928; 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 April 13, 2006.