HomeMy Public PortalAbout00488 O R D I N A N C E NO. 488
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 103 (Lilac South) 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 Ordinance No. 386, adopted on the 27th day of
April, 1960 not less than three weeks after a public hearing
thereon held at 8:00 o'clock P.M. on the 4th day of April, 1960 at
the Riverview Elementary School, 9860 Diamond Drive, St. Louis
County, Missouri, pursuant to notice thereof published in the St.
Louis Post-Dispatch on the 11th day of March, 1960, at which
public hearing all persons interested were given an opportunity to
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be heard, did establish and prescribe the boundaries of a
subdistrict designated Subdistrict No. 103 (Lilac South) of The
Metropolitan St. Louis Sewer District; and
(2) By Resolution No. 300, adopted on the 17th day of
May, 1960, did declare the necessity of an improvement consisting
of the construction of lateral sanitary sewers in an area
designated Subdistrict No. 103 (Lilac South) 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
Subdistrict No. 103; and
(3) Did cause to be duly called and held a public
hearing at the Riverview Elementary School, 9860 Diamond Drive,
St. Louis County, Missouri, at the hour of 8:00 P.M. on the 7th
day of June, 1960, at which public hearing all persons interested
in such improvement were given an opportunity to be heard; and
(4) By Resolution No. 309, adopted on the 16th day of
June, 1960, 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. 300; and pursuant to said
direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the
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16th day of June, 1960, and proper notice to contractors for bids
was published in the St. Louis Globe-Democrat on the 25th day of
July and the 1st and 8th days of August, 1960; and
(5) By Ordinance No. 447 adopted on the 1st day of
September, 1960, did confirm a contract with Victory Construction
Co., Inc., as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 16th
day of August, 1960, 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 26th day of August, 1960; 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 Fifty Thousand One
Hundred Thirty and 80/100 Dollars ($50,130.80), which sum is the
total of the following three components, to wit:
(1) An advancement from 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 Eight Thousand Two Hundred Thirty-one
and 19/100 Dollars ($8,231.19), which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of Forty-one Thousand
Eight Hundred Thirty-five and 61/100 ($41,835.61), and
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(3) Extra work properly chargeable under the contract
in the sum of Sixty-four Dollars ($64.00);
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
Fifty Thousand One Hundred Thirty and 80/100 Dollars ($50,130.80)
are hereby levied on all land whether public or private but
exclusive of public streets, roads and alleys, in Subdistrict No.
103 (Lilac South) of The Metropolitan St. Louis Sewer District, as
bounded in said Ordinance No. 386. 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
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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 Eight Thousand Two
Hundred Thirty-one and 19/100 Dollars ($8,231.19) heretofore
advanced from the funds of The Metropolitan St. Louis Sewer
District as a charge against the said Subdistrict No. 103 (Lilac
South).
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 passed December 22, 1960.