HomeMy Public PortalAbout00451 O R D I N A N C E NO. 451
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. 57 (North
Webster Lateral) 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. 183, adopted on 9th day of June,
1958, did declare the necessity of an improvement consisting of
the construction of lateral sanitary sewers in an area designated
Special Benefit Subdistrict No. 57 (North Webster Lateral) 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
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all land benefited by such construction, whether public or
private, exclusive of public streets, roads and alleys within such
Special Benefit Subdistrict No. 57; and
(2) Did cause to be duly called and held a public
hearing at the Douglas School, 546 North Elm Street, Webster
Groves, St. Louis County, Missouri, at the hour of 8:00 P.M. on
the first day of July, 1958, at which public hearing all persons
interested in such improvement were given an opportunity to be
heard; and
(3) By Resolution No. 194, adopted on the 7th day of
July, 1958, 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. 183; and pursuant to said
direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the
30th day of April, 1959, and proper notice to contractors for bids
was published in the St. Louis Globe-Democrat on the 26th day of
August and the 2nd and 9th days of September, 1959; and
(4) By Ordinance No. 331, adopted on the 22nd day of
October, 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 17th
day of September, 1959, which contract was formally executed by
the Contractor and by the Executive Director and the Secretary-
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Treasurer on behalf of The Metropolitan St. Louis Sewer District,
on the 7th day of October, 1959; 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 Twenty-one
Thousand Five Hundred Twenty-nine and 50/100 Dollars
($121,529.50), 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 of supervision, in the sum of Nineteen Thousand Eight
Hundred Sixty and 01/100 Dollars ($19,860.01), which sum is
properly recoverable from the contractor, and
(2) Contract items in the sum of Ninety-nine Thousand
Nine Hundred Seventy-one and 12/100 Dollars ($99,971.12), and
(3) Extra work properly chargeable under the contract
in the sum of One Thousand Six Hundred Ninety-eight and 37/100
Dollars ($1,698.37); and
WHEREAS, a trunk sewer improvement has been completed
concurrently in Special Benefit Subdistrict No. 56 (North Webster
Trunk) benefiting the same land area and to be paid for by special
tax bills or other evidence of special benefit assessments upon
the lots or parcels of ground therein;
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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 Twenty-one Thousand Five Hundred Twenty- nine and
50/100 Dollars ($121,529.50) are hereby levied on all land whether
public or private but exclusive of public streets, roads and
alleys, in Special Benefit Subdistrict No. 57 (North Webster
Lateral) of The Metropolitan St. Louis Sewer District, as bounded
in said Resolution No. 183. 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
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
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prescribed by said Ordinance No. 97. PROVIDED, HOWEVER, as a
means of saving expense to the landowners, that when the same lot
or parcel of land is assessed concurrently for special benefits
for improvements in both Special Benefit Subdistricts No. 56 and
No. 57 (North Webster Trunk and Lateral, respectively) and when
the owner of land subject to both such assessments has not
indicated in writing a contrary preference after notice by mail
and reasonable opportunity to respond, the special benefit assess-
ment levied herein on such land shall be evidenced by a combined
special tax bill in the aggregate amount of the separate
assessments for both of said improvements, with an itemization in
the body of such special tax bill of the assessment levied herein.
PROVIDED, FURTHER, that at any time after the recording
in the office of the Recorder of Deeds of said combined special
tax bill in the aggregate amount of the said separate assessments,
and so long as no payment thereon be overdue, the owner of the
land subject to the lien of such combined special tax bill is
hereby given the privilege of having substituted therefor two
separate special tax bills, each for the separate assessment of
said Special Benefit Subdistrict No. 56 and Special Benefit
Subdistrict No. 57, on written request to the District and on
payment of the fee of
the Recorder of Deeds for recording such substitution. The
person entitled to payment of said combined special tax bill shall
be deemed to have accepted delivery of same subject to the
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privilege of substitution provided hereinabove.
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
herewith and 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 con-
tractor, 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
Nineteen Thousand Eight Hundred Sixty and 01/100 Dollars
($19,860.01) heretofore advanced from the General Fund of The
Metropolitan St. Louis Sewer District as a charge against the said
Special Benefit Subdistrict No. 57 (North Webster Lateral).
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 October 7, 1960.