HomeMy Public PortalAbout00604 O R D I N A N C E NO. 604
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 77 (Elbring Drive) 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 Section 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. 292, adopted on the 11th day of
June, 1959, not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 19th day of May, 1959 at
the Olivette City Hall, 9473 Olive Street Road, St. Louis County,
Missouri, pursuant to notice thereof published in the St. Louis
Post-Dispatch on the 22nd May of April, 1959, at which public
hearing all persons interested were given an opportunity to be
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heard, did establish and prescribe the boundaries of a subdistrict
designated Subdistrict No. 77 (Elbring Drive) of The Metropolitan
St. Louis Sewer District; and
(2) By Resolution No. 313, adopted on the 24th day of
June, 1960, did declare the necessity of an improvement consist-
ing of the construction of lateral sanitary sewers in an area
designated Subdistrict No. 77 (Elbring Drive) 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, exclu-
sive of public streets, roads and alleys within such Subdistrict
No. 77; and
(3) Did cause to be duly called and held a public
hearing at the Olivette City Hall, 9473 Olive Street Road, St.
Louis County, Missouri, at the hour of 8:00 P.M. on the 19th day
of July, 1960, at which public hearing all persons interested in
such improvement were given an opportunity to be heard; and
(4) By Resolution No. 325, adopted on the 28th day of
July, 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. 313; and pursuant to said
direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the 6th
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day of April, 1961, and proper notice to contractors for bids was
published in the St. Louis Post-Dispatch on the 11th, 18th, and
25th days of April, 1961; and
(5) By Ordinance No. 560, adopted on the 18th day of
May, 1961, did confirm a contract with Maguire Construction
Company, as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 3rd
day of May, 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 15th day of May, 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 Six Thousand Seven
Hundred Seventy and 02/100 Dollars ($6,770.02), which sum is the
total of the following two 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 Two Thousand One Hundred Thirty-
six and 98/100 Dollars ($2,136.98), which sum is property
recoverable from the contractor, and
(2) Contract items in the sum of Four Thousand Six
Hundred Thirty-three and 04/100 Dollars ($4,633.04);
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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
Six Thousand Seven Hundred Seventy and 02/100 Dollars ($6,770.02)
are hereby levied on all land whether public or private but
exclusive of public streets, roads and alleys; in Subdistrict No.
77 (Elbring Drive) of The Metropolitan St. Louis Sewer District,
as bounded in said Ordinance No. 292. 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.
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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 ac-
cordance 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 Two
Thousand One Hundred Thirty-six and 98/100 Dollars ($2,136.98)
heretofore advanced from the funds of The Metropolitan St. Louis:
District as a charge against the said Subdistrict No. 77 (Elbring
Drive).
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 by the Board on August 31,
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1961.