HomeMy Public PortalAbout00713 O R D I N A N C E NO. 713
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. 49 (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 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:
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Ord. No. 713
(1) By Resolution No. 172, adopted on the 25th day of
June, 1958, did declare the necessity of an improvement consisting
of the construction of lateral sanitary sewers in an area
designated Special Benefit Subdistrict No. 49 (Central Avenue) of
The Metro-politan 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. 49; and
(2) Did cause to be duly called and held a public
hearing at Clark School, 430 West 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. 202, 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.
172; 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 Twelve Thousand
Thirty-five and 76/100 Dollars ($12,035.76), 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 One Thousand Five Hundred Seventy-six
and 52/100 Dollars ($1,576.52), which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of Ten Thousand Four
Hundred Fifty-nine and 24/100 dollars ($10,459.24);
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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 Twelve
Thousand Thirty-five and 76/100 Dollars ($12,035.76) are hereby
levied on all land whether public or private but exclusive of
public streets, roads and alleys, in Special Benefit Subdistrict
No. 49 (Central Avenue) of The Metropolitan St. Louis Sewer
District, as bounded in said Resolution No. 172. 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.
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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 One Thousand Five Hundred Seventy-six and 52/100 Dollars
($1,576.52) heretofore advanced from the funds of The Metropolitan
St. Louis Sewer District as a charge against the said Special
Benefit Subdistrict No. 49 (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.