HomeMy Public PortalAbout00686 O R D I N A N C E NO. 686
AN ORDINANCE levying special benefit assessments against
all of the land benefited by the construction of sewers within the
boundaries of Subdistrict No. 113 (Capitol Hill) 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 Con-
stitution 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. 449, adopted on the 7th day of
October, 1960 (Revised by Ordinance No. 633, adopted October 19,
1961) not less than three weeks after a public hearing thereon
held at 8:00 o'clock P.M. on the 6th day of September, 1960 at the
Thomas Elementary School, 10335 Viscount Drive, St. Louis County,
Missouri, pursuant to notice thereof published in the St. Louis
Globe-Democrat on the 15th 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. 113 (Capitol Hill) of The Metropolitan
St. Louis Sewer District; and
(2) By Resolution No. 349, adopted on the 27th day of
October, 1960, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 113 (Capitol Hill) 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. 113; and
(3) Did cause to be duly called and held a public
hearing at Thomas Elementary School, 10335 Viscount Drive, St.
Louis County, Missouri, at the hour of 8:00 P.M. on the 22nd day
of November, 1960, at which public hearing all persons interested
in such improvement were given an opportunity to be heard; and
(4) By Resolution No. 361, 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.
349; and pursuant to said direction, plans and specifications for
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the improvement were prepared and the Board of Trustees did
approve the same on the 3rd day of June, 1961, and proper notice
to contractors for bids was published in the St. Louis Post-
Dispatch on the 13th, 20th, and 27th days of June, 1961; and
(5) By Ordinance No. 597, adopted on the 10th day of
July, 1961, did confirm a contract with Meiners Plumbing Company,
as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 5th
day of July, 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 10th day of July, 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-eight Thousand
Three Hundred Forty-nine and 56/100 Dollars ($28,349.56), 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 Eight Thousand Eight Hundred Sixty-
seven and 93/100 Dollars ($8,867.93), which sum is properly
recoverable from the contractor, and
(2) Contract items in the sum of Nineteen Thousand
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Thirty-three and 63/100 Dollars ($19,033.63), and
(3) Extra work properly chargeable under the contract in the
sum of Four Hundred Forty-eight Dollars ($448.00);
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 Eight Thousand Three Hundred Forty-nine and 56/100 Dollars
($28,349.56) are hereby levied on all land whether public or
private but exclusive of public streets, roads and alleys, in
Subdistrict No. 113 (Capitol Hill) of The Metropolitan St. Louis
Sewer District, as bounded in said Ordinance No. 633. 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 areas, 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 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 Eight Thousand Eight
Hundred Sixty Seven and 93/100 Dollars ($8,867.93) heretofore
advanced from the funds of The Metropolitan St. Louis Sewer
District as a charge against the said Subdistrict No. 113 (Capitol
Hill).
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 December 27, 1961