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O R D I N A N C E NO. 108
AN ORDINANCE levying special benefit assessments
against all of the real property within the boundaries of Special
Benefit Subdistrict Number One (Vinita Park) 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, 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 Resolution No. 22, adopted on the 2nd of May,
1955, did create and delineate the boundaries of Special Benefit
Subdistrict Number One (Vinita Park) of The Metropolitan St. Louis
Sewer District for the construction of lateral sewers to serve
such area and did provide that special benefit assessments be
levied against all real property within such area; and
(2) Did cause to be duly called and held a public
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hearing at the Vinita Park City Hall, 1707 North and South Road,
City of Vinita Park, St. Louis County, Missouri, at the hour of
8:00 P.M. on Thursday, the 12th day of May, 1955, at which public
hearing those present voted in favor of the same; and
(3) At a meeting of the said Board of Trustees held on
the 16th day of May, 1955, 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. 22,
and pursuant to said direction, proper notice to contractors for
bids was published in the St. Louis Post-Dispatch on the 21st and
28th days of December, 1955, and on the 4th day of January, 1956,
in the Watchman-Advocate on the 30th day of December, 1955, and on
the 6th day of January, 1956, and in the St. Louis Daily Record on
the 29th day of December, 1955, and on the 5th day of January,
1956.
(4) By Ordinance No. 46 adopted on January 26, 1956,
did confirm a contract with the Richard E. Harder Contracting
Company, as the lowest of responsible bidders, pursuant to bids
received and opened on the 12th day of January, 1956, and signed
by the Contractor and by the Executive Director and the Secretary-
Treasurer on behalf of The Metropolitan St. Louis Sewer District;
and
WHEREAS, the construction of said lateral sewers is
hereby accepted upon the Executive Director's determination that
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said sewers have been completed satisfactorily by the contractor
and that the entire cost thereof amounts to Forty-Seven Thousand
Four Hundred Eighty-Six and 68/100 Dollars ($47,486.68), which sum
is the total of the following three components, to wit:
(1) An advancement from the General Fund of The
Metropolitan St. Louis Sewer District to cover the expense of
engineering, inspection, preparation of plans and contracts, and
other costs to supervision, in the sum of Eleven Thousand Five
Hundred Forty-Five and 00/100 Dollars ($11,545.00), which sum is
properly recoverable from the contractor, and
(2) Contract items in the sum of Thirty-Three Thousand
Eight Hundred Forty-One and 57/100 Dollars ($33,841.57), and
(3) Extra work properly chargeable under the contract
in the sum of Two Thousand One Hundred and 11/100 Dollars
($2,100.11), and
WHEREAS, it is necessary to provide for the levy of
special benefit assessments and for the preparation, execution,
issuance and delivery of Special Tax Bills evidencing said levy;
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
Forty-Seven Thousand Four Hundred Eighty-Six and 68/100 Dollars
($47,486.68), are hereby levied on all real property in Special
Benefit Subdistrict Number One (Vinita Park) of The Metropolitan
St. Louis Sewer District for the entire cost of construction of
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lateral sewers to serve said Subdistrict. Said sum shall be
levied ratably by area upon the lots or parcels of ground within
said Subdistrict in the proportion that the area each lot or
parcel or ground bears to the entire area within the boundaries of
said Subdistrict.
Section Two. There are hereby authorized and ordered
to be prepared, issued, registered, recorded and delivered to the
aforesaid contractor 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 said Bills shall mature at
the times and shall bear the rates of interest prescribed by said
Ordinance No. 97.
Section Three. The Executive Director, 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, certify and attest the same in accordance
with said Ordinance No. 97; 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
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St. Louis Sewer District the aforesaid sum of Eleven Thousand Five
Hundred Forty-Five and 00/100 Dollars ($11,545.00) heretofore
advanced from the General Fund of The Metropolitan St. Louis Sewer
District as a charge against the said Special Benefit Subdistrict
Number One (Vinita Park).
Section Four. The completion of the said lateral
sewers and the immediate need for the issuance and delivery of
said Special Tax Bills in payment thereof creates 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 December 10, 1956.