HomeMy Public PortalAbout00497 O R D I N A N C E NO. 497
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 21 (Lilac North) 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. 374, adopted on the 3rd day of
March, 1960 not less than three weeks after a public hearing
thereon held at 8:00 o'clock P.M. on the 25th day of January, 1960
at the Riverview Elementary School, 9860 Diamond Drive, St. Louis
County, Missouri, pursuant to notice thereof published in the St.
Louis Globe-Democrat on the 28th day of December, 1959, 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. 21 (Lilac North) of The
Metropolitan St. Louis Sewer District; and
(2) By Resolution No. 293, adopted on the 3rd day of
March, 1960, did declare the necessity of an improvement consist-
ing of the construction of lateral sanitary sewers in an area
designated Subdistrict No. 21 (Lilac North) 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. 21; 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 21st
day of March, 1960, at which public hearing all persons interested
in such improvement were given an opportunity to be heard; and
(4) By Resolution No. 285, adopted on the 31st day of
March, 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. 293; 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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31st day of March, 1960, and proper notice to contractors for bids
was published in the St. Louis Globe-Democrat on the 5th, 12th,
and 19th days of April, 1960; and
(5) By Ordinance No. 392 adopted on the 10th day of
May, 1960, 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 27th
day of April, 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 10th day of May, 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-five Thousand
Five Hundred Thirty-seven and 85/100 Dollars ($55,537.85), which
sum is the total of the following three components, to wit:
(1) An advancement from the 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 Twelve Thousand Five Hundred Thirty-
three and 29/100 Dollars ($12,533.29), which sum is properly
recoverable from the contractor, and
(2) Contract items in the sum of Forty-two Thousand One
Hundred Eighty-two and 06/100 ($42,182.06), and
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(3) Extra work properly chargeable under the contract
in the sum of Eight Hundred Twenty-two and 50/100 Dollars
($822.50);
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-five Thousand Five Hundred Thirty-seven and 85/100 Dollars
($55,537.85) are hereby levied on all land whether public or
private but exclusive of public streets, roads and alleys, in
Subdistrict Number 21 (Lilac North) of The Metropolitan St. Louis
Sewer District, as bounded in said Ordinance No. 374. 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
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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 Twelve Thousand Five
Hundred Thirty-three and 29/100 Dollars ($12,533.29) heretofore
advanced from the funds of The Metropolitan St. Louis Sewer
District as a charge against the said Subdistrict No. 21 (Lilac
North).
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 January 5, 1961.