HomeMy Public PortalAbout00605 O R D I N A N C E NO. 605
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. 73
(Wheaton-Bel Nor Trunk) 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. 289, 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 30th day of April, 1959
at the Harrison Elementary School, 8129 Albin, St. Louis County,
Missouri, pursuant to notice thereof published in the St. Louis
Post-Dispatch on the 9th day 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 Special Benefit Subdistrict No. 73 (Wheaton-Bel Nor
Trunk) of The Metropolitan St. Louis Sewer District; and
(2) By Resolution No. 246, adopted on the 22nd day of
July, 1959, did declare the necessity of an improvement consisting
of the construction of trunk sanitary sewers in an area designated
Special Benefit Subdistrict No. 73 (Wheaton-Bel Nor Trunk) 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
Special Benefit Subdistrict No. 73; and
(3) Did cause to be duly called and held a public
hearing at the Normandy Junior High School, 7855 Natural Bridge
Road, St. Louis County, Missouri, at the hour of 8:00 p.m. on the
17th day of August, 1959, at which public hearing all persons
interested in such improvement were given an opportunity to be
heard; and
(4) By Resolution No. 258, adopted on the 27th day of
August, 1959, 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. 246; and pursuant to said
direction, plans and specifications for the improvement were
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prepared and the Board of Trustees did approve the same on the 2nd
day of June, 1960, and proper notice to contractors for bids was
published in the St. Louis Post-Dispatch on the 21st and 28th days
of June and the 5th day of July, 1960; and
(5) By Ordinance No. 443, adopted on the first day of
September, 1960, did confirm a contract with E. J. Fischer, as
the lowest responsible bidder, pursuant to bids for construc-
tion of such improvement received and opened on the 13th day of
July, 1960, which contract was formally executed by the Con-
tractor and by the-Executive Director and the Secretary-Treasurer
on behalf of The Metropolitan St. Louis Sewer District, on the
27th day of July, 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 Eighty-nine Thousand
Four Hundred Eighty-five and 51/100 Dollars ($89,485.51), 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 Seventeen Thousand Five Hundred Sixty-
nine and 64/100 Dollars ($17,569.64), which sum is properly
recoverable from the contractor, and
(2) Contract items in the sum of Seventy-one Thousand
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Nine Hundred Fifteen and 87/100 Dollars ($71,915.87)
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
Eighty-nine Thousand Four Hundred Eighty-five and 51/100 Dollars
($89,485.51) are hereby levied on all land whether public or
private but exclusive of public streets, roads and alleys, in
Special Benefit Subdistrict No. 73 (Wheaton-Bel Nor Trunk) of The
Metropolitan St. Louis Sewer District, as bounded in said
Ordinance No. 289. 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 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 Seventeen Thousand
Five Hundred Sixty-nine and 64/100 Dollars ($17,569.64) heretofore
advanced from the funds of The Metropolitan St. Louis Sewer
District as a charge against the said Special Benefit Subdistrict
No. 73 (Wheaton-Bel Nor Trunk).
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 August 31, 1961.