HomeMy Public PortalAbout00573 O R D I N A N C E NO. 573
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 14 (Waddell-Primm) 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. 312, adopted on the 27th day of
August, 1959 not less than three weeks after a public hearing
thereon held at 8:00 p.m. on the 4th day of August, 1959 at the
Windsor School, 4092 Robert Avenue, St. Louis, Missouri, pursuant
to notice thereof published in the St. Louis Globe-Democrat on the
14th day of July, 1959, at which public hearing all persons
interested were given an opportunity to be heard, did establish
and prescribe the boundaries of a subdistrict designated
Subdistrict No. 14 (Waddell-Primm) of The Metropolitan St. Louis
Sewer District; and
(2) By Resolution No. 278, adopted on the 7th day of
January, 1960, did declare the necessity of an improvement
consisting of the construction of combined sanitary and storm
water sewers in an area designated Subdistrict No. 14 (Waddell--
Primm) 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. 14; and
(3) Did cause to be duly called and held a public
hearing at the Windsor School, 4092 Robert Avenue, St. Louis,
Missouri, at the hour of 8:00 P.M. on the 4th day of February,
1960, at which public hearing all persons interested in such
improvement were given an opportunity to be heard; and
(4) By Resolution No. 289, adopted on the 3rd 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. 278; and pursuant to said
direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the
23rd day of November, 1960, and proper notice to contractors for
bids was published in the St. Louis Post-Dispatch on the 6th,
13th, and 20th days of February, 1961; and
(5) By Ordinance No. 517 adopted on the 9th day of
March, 1961, 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 28th
day of February, 1961, 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 6th day of March, 1961; 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 Thirty-three Thousand
One Hundred Sixty-eight and 18/100 Dollars ($33,168.18), 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 Five Thousand One Hundred Forty-eight
and 06/100 Dollars ($5,148.06), which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of Twenty-seven Thousand
Nine Hundred Ninety-six and 47/100 Dollars ($27,996.47), and
(3) Extra work properly chargeable under the contract
in the sum of Twenty-three and 65/100 Dollars ($23.65);
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
Thirty-three Thousand One Hundred Sixty-eight and 18/100 Dollars
($33,168.18) are hereby levied on all land whether public or
private but exclusive of public streets, roads and alleys, in
Subdistrict Number 14 (Waddell-Primm) of The Metropolitan St.
Louis Sewer District, as bounded in said Ordinance No. 312. 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 rate 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 Five Thousand One
Hundred Forty-eight and 06/100 Dollars ($5,148.06) heretofore
advanced from the funds of The Metropolitan St. Louis Sewer
District as a charge against the said Subdistrict No. 14 (Waddell-
Primm).
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.
The foregoing Ordinance was adopted June 15, 1961.