HomeMy Public PortalAbout00640 O R D I N A N C E NO. 640
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 104 (Beacon Hill 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 Metro-
politan 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. 457, adopted on the 20th day of
October, 1960 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 1st day of September,
1960 at the Weber Elementary School, Ballas Road, 1/2 mile south
of Olive Street Road, City of Creve Coeur, St. Louis County,
Missouri, pursuant to notice thereof published in the St. Louis
Globe-Democrat on the 10th day of August, 1960, at which public
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hearing all persons interested were given an opportunity to be
heard, did establish and prescribe the boundaries of a subdistrict
designated Subdistrict No. 104 (Beacon Hill North) of The
Metropolitan St. Louis Sewer District; and
(2) By Resolution No. 353, adopted on the 10th day of
November, 1960, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 104 (Beacon Hill 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. 104; and
(3) Did cause to be duly called and held a public
hearing at Weber Elementary School, on Ballas Road 1/2 mile south
of Olive Street Road, City of Creve Coeur, St. Louis County,
Missouri, at the hour of 8:00 P.M. on the 6th day of December,
1960, at which public hearing all persons interested in such
improvement were given an opportunity to be heard; and
(4) By Resolution No. 359, adopted on the 22nd day of
December, 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.
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353; and pursuant to said direction, plans and specifications for
the improvement were prepared and the Board of Trustees did
approve the same on the 9th day of February, 1961, and proper
notice to contractors for bids was published in the St. Louis
Globe-Democrat, on the 2nd, 9th and 16th days of March, 1961; and
(5) By Ordinance No. 529 adopted on the 6th day of
April, 1961, did confirm a contract with W. A. Blue Construction
Company, as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 24th
day of March, 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 3rd day of April, 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 Twenty-four Thousand
Four Hundred Sixty-six and 91/100 Dollars ($24,466.91), 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 Four Thousand Four Hundred Twenty and
73/100 Dollars ($4,420.73), which sum is properly recoverable from
the contractor, and
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(2) Contract items in the sum of Nineteen Thousand
Eight Hundred Thirteen and 08/100 Dollars ($19,813.08),
(3) Extra work properly chargeable under the contract
in the sum of Two Hundred Thirty-three and 10/100 Dollars
($233.10);
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
Twenty-four Thousand Four Hundred Sixty-six and 91/100 Dollars
($24,466.91) are hereby levied on all land whether public or
private, but exclusive of public streets, roads and alleys, in
Subdistrict No. 104 (Beacon Hill North) of The Metropolitan St.
Louis Sewer District, as bounded in said Ordinance No. 457. 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
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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 Four Thousand Four
Hundred Twenty and 73/100 Dollars ($4,420.73) heretofore advanced
from the funds of The Metropolitan St. Louis Sewer District as a
charge against the said Subdistrict No. 104 (Beacon Hill 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
being full force and effect from and after its passage.
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The foregoing Ordinance was adopted October 19, 1961.