HomeMy Public PortalAbout00285 O R D I N A N C E NO. 285
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Special Benefit Subdistrict No. 35 (West
Iveland Trunk) 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:
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Ord. No. 285
(1) By Resolution No. 141, adopted on the 26th day of
August, 1957, and readopted by Resolution No. 146 adopted on the
30th day of September, 1957, did declare the necessity of an
improvement consisting of the construction of a trunk sanitary
sewer in an area designated Special Benefit Subdistrict No. 35
(West Iveland Trunk) 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 public streets, roads and
alleys within such Special Benefit Subdistrict No. 35; and
(2) Did cause to be duly called and held a public
hearing at Iveland School, 1836 Dyer Avenue, St. Louis County,
Missouri, at the hour of 8:00 P.M. on Wednesday, the 23rd day of
October, 1957, at which public hearing all persons interested in
such improvement were given an opportunity to be heard; and
(3) By Resolution No. 150, adopted on the 28th day of
October, 1957, 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.
141; and pursuant to said direction, plans and specifications for
the improvement were prepared and the Board of Trustees did
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approve the same on the 4th day of December, 1958, and proper
notice to contractors for bids was published in the St. Louis
Globe-Democrat on the 19th day of February, 1959 and in the St.
Louis Post-Dispatch on the 25th day of February and the 4th day of
March, 1959; and
(4) By Ordinance No. 274 adopted on the 26th day of
March, 1959, 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 12th
day of March, 1959, 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 20th day of March, 1959.
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 Eighteen Thousand Four
Hundred Forty-seven and 01/100 Dollars ($18,447.01), which sum is
the total of the following two components, to wit:
(1) An advancement from the General Funds of The
Metropolitan St. Louis Sewer District to cover the expense of
engineering, inspection, preparation of plans and contracts, and
other costs of supervision, in the sum of Four Thousand One
Hundred Two and 94/100 Dollars ($4,102.94), which sum is properly
recoverable from the contractor, and
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(2) Contract items in the sum of Fourteen Thousand
Three Hundred Forty-four and 07/100 Dollars ($14,344.07),
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
Eighteen Thousand Four Hundred Forty-seven and 01/100 Dollars
($18,447.01) are hereby levied on all land whether public or
private but exclusive of public streets, roads and alleys, in
Special Benefit Subdistrict Number 35 (West Iveland Trunk) of The
Metropolitan St. Louis Sewer District, as bounded in said
Resolution No. 141. 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 public
streets, roads and alleys.
Section Two. There are hereby authorized and ordered to
be prepared, issued, registered, recorded and delivered to the
aforesaid contractor, 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
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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
St. Louis Sewer District the aforesaid sum of Four Thousand One
Hundred Two and 94/100, Dollars ($4,102.94) heretofore advanced
from the General Fund of The Metropolitan St. Louis Sewer District
as a charge against the said Special Benefit Subdistrict No. 35
(West Iveland Trunk).
Section Four. The completion and acceptance of the said
improvement and the immediate need for the issuance and delivery
of said Special Tax Bills in payment thereof create 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 May 21, 1959.