HomeMy Public PortalAbout00687 O R D I N A N C E NO. 687
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. 36 (West
Iveland Lateral) 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 Resolution No. 329, adopted on the 28th day of
July, 1960, did declare the necessity of an improvement consisting
of the construction of lateral sanitary sewers in an area
designated Special Benefit Subdistrict No. 36 (West Iveland
Lateral) 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 assess-
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ments 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. 36; and
(2) Did cause to be duly called and held a public
hearing at the Iveland School, 1836 Dyer Avenue, St. Louis 14,
Missouri, at the hour of 8:00 P.M. on the 23rd day of August,
1960, at which public hearing all persons interested in such
improvement were given an opportunity to be heard; and
(3) By Resolution No. 336, adopted on the 1st day of
September, 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.
329; and pursuant to said direction, plans and specifications for
the improvement were 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 Globe-
Democrat on the 6th, 13th, and 20th days of September, 1960; and
(4) By Ordinance No. 454 adopted on the 7th day of
October, 1960, did confirm a contract with E.J. Fischer, as the
lowest responsible bidder, pursuant to bids for construction of
such improvement received and opened on the 28th day of September,
1960, 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 5th day of
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October, 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 Two Hundred Fourteen
Thousand One Hundred Ninety-six and 30/100 Dollars ($214,196.30),
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 Thirty Seven Thousand Five Hundred
Eighty-four and 20/100 Dollars ($37,584.20) , which sum is
properly recoverable from the contractor, and
(2) Contract items in the sum of One Hundred Seventy-
five Thousand Eight Hundred Twenty-one and 06/100 Dollars
($175,821.06), and
(3) Extra work properly chargeable under the contract
in the sum of Seven Hundred Ninety-one and 04/100 Dollars
($791.04);
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
Two Hundred Fourteen Thousand One Hundred and Ninety-six and
30/100 Dollars ($214,196.30) are hereby levied on all land whether
public or private but exclusive of public streets, roads and
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alleys, in Special Benefit Subdistrict No. 36 (West Iveland
Lateral) of The Metropolitan St. Louis Sewer District, as bounded
in said Resolution No. 329. 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 rates 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
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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 Thirty-Seven
Thousand Five Hundred Eighty-four and 20/100 Dollars ($37,584.20)
heretofore advanced from the funds of The Metropolitan St. Louis
Sewer District as a charge against the said Special Benefit
Subdistrict No. 36 (West Iveland Lateral).
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