HomeMy Public PortalAbout00768 O R D I N A N C E NO. 768
AN ORDINANCE levying special benefit assessments against
all of the land benefited by the construction of sewers within the
boundaries of Subdistrict No. 138 (Skyline Court) 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 Ordinance No. 539, adopted on the 4th day of May,
1961 not less than three weeks after a public hearing thereon held
at 8:00 o'clock P.M. on the 23rd day of March, 1961, at the
Mesnier Elementary School, 6930 Weber Road, St. Louis County,
Missouri, pursuant to notice thereof published in the St. Louis
Post-Dispatch on the 1st day of March, 1961, at which public
hearing all persons interested were given an opportunity to be
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heard, did establish and prescribe the boundaries of a subdistrict
designated Subdistrict No. 138 (Skyline Court) of The Metropolitan
St. Louis Sewer District; and
(2) By Resolution No. 399, adopted on the 1st day of
June, 1961, did declare the necessity of an improvement consisting
of the construction of lateral sanitary sewers in an area
designated Subdistrict No. 138 (Skyline Court) 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. 138; and
(3) Did cause to be duly called and held a public
hearing at Mesnier Elementary School, 6930 Weber Road, St. Louis
County, Missouri, at the hour of 8:00 P.M. on the 26th day of
June, 1961, at which public hearing all persons interested in such
improvement were given an opportunity to be heard; and
(4) By Resolution No. 427, adopted on the 10th day of
July, 1961, 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. 427; and pursuant to said
direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the
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13th day of September, 1961, and proper notice to contractors for
bids was published in the St. Louis Globe-Democrat on the 2nd,
9th, and 16th days of October, 1961; and
(5) By Ordinance No. 650, adopted on the 30th day of
October, 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 October, 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 27th day of October, 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 Eighteen Thousand Five
Hundred Three Dollars and 56/100 Dollars ($18,503.56), 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 Three Thousand One Hundred Fifty-three
and 21/100 Dollars ($3,153.21), which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of Fourteen Thousand Four
Hundred Ninety-seven and 05/100 Dollars ($14,497.05), and
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(3) Extra work properly chargeable under the contract in
the sum of Eight Hundred Fifty-three and 30/100 Dollars ($853.30);
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
Eighteen Thousand Five Hundred Three and 56/100 Dollars
($18,503.56) are hereby levied on all land whether public or
private but exclusive of public streets, roads and alleys, in
Subdistrict Number 138 (Skyline Court) of The Metropolitan St.
Louis Sewer District, as bounded in said Ordinance No. 539. 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
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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 Three Thousand One
Hundred Fifty-three and 21/100 Dollars ($3,153.21) heretofore
advanced from the funds of The Metropolitan St. Louis Sewer
District as a charge against the said Subdistrict No. 138 (Skyline
Court).
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 June 11, 1962.