HomeMy Public PortalAbout00712 O R D I N A N C E NO. 712
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. 48 (Wilshire Terrace
and Central Avenue) 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:
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Ord. No. 712
(1) By Resolution No. 171, adopted on the 25th day of
June, 1958, did declare the necessity of an improvement consisting
of the construction of trunk sanitary sewers in an area designated
Special Benefit Subdistrict No. 48 (Wilshire Terrace and Central
Avenue) 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. 48; and
(2) Did cause to be duly called and held a public
hearing at Clark School, 430 W. Big Bend Avenue, Webster Groves,
St. Louis County, Missouri, at the hour of 8:00 P.M. on the 22nd
day of July, 1958, at which public hearing all persons interested
in such improvement were given an opportunity to be heard; and
(3) By Resolution No. 201, adopted on the 2nd day of
September, 1958, 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.
171; 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 October, 1958, and proper
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notice to contractors for bids was published in the St. Louis
Globe-Democrat on the 16th, 23rd, and 30th days of November, 1958;
and
(4) By Ordinance No. 257-A adopted on the 22nd day of
January, 1959, did confirm a contract with Fred M. Luth & Sons,
Inc., as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 8th
day of December, 1958, 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 26th day of December, 1958; 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 Eight Thousand Seven
Hundred Fifty-nine and 13/100 Dollars ($8,759.13), which such 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 Four Thousand Thirteen and 33/100
Dollars ($4,013.33), which sum is properly recoverable from the
contractor, and
(2) Contract items in the sum of Four Thousand Seven
Hundred Forty-five and 80/100 Dollars ($4,745.80);
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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
Eight Thousand Seven Hundred Fifty-nine and 13/100 Dollars
($8,759.13) are hereby levied on all land whether public or
private but exclusive of public streets, roads and alleys, in
Special Benefit Subdistrict No. 48 (Wilshire Terrace and Central
Avenue) of The Metropolitan St. Louis Sewer District, as bounded
in said Reso-
lution No. 171. Said levy is for the entire cost of construc-
tion 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 pro-
vided by Ordinance No. 97 adopted September 4, 1956, and said
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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 accor-
dance 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 Thirteen and 33/100 Dollars ($4,013.33) heretofore
advanced from the funds of The Metropolitan St. Louis Sewer
District as a charge against the said Special Benefit Subdistrict
No. 48 (Wilshire Terrace and Central Avenue).
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 March 5, 1962.