HomeMy Public PortalAbout00792 O R D I N A N C E NO. 792
AN ORDINANCE levying special benefit assessments against
all of the land benefited by the construction of sewers within the
boundaries of Subdistrict No. 168 (Marshall 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:
(1) By Ordinance No. 646, adopted on the 30th day of
October, 1961 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 4th day of October, 1961
at the Webster Groves City Hall, 4 East Lockwood, Webster Groves,
St. Louis County, Missouri, pursuant to notice thereof published
in the St. Louis Globe-Democrat on the 11th day of September,
1961, at which public hearing all persons interested were given an
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opportunity to be heard, did establish and prescribe the
boundaries of a subdistrict designated Subdistrict No. 168
(Marshall Avenue) of The Metropolitan St. Louis Sewer District;
and
(2) By Resolution No. 475, adopted on the 18th day of
December, 1961, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 168 (Marshall 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
Subdistrict No. 168; and
(3) Did cause to be duly called and held a public
hearing at the Webster Groves City Hall, 4 East Lockwood, Webster
Groves, St. Louis County, Missouri, at the hour of 8:00 P.M. on
the 10th day of January, 1962, at which public hearing all persons
interested in such improvement were given an opportunity to be
heard; and
(4) By Resolution No. 481, adopted on the 25th day of
January, 1962, 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.
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475; and pursuant to said direction, plans and specifications for
the improvement were prepared and the Board of Trustees did
approve the same on the 25th day of January, 1962, and proper
notice to contractors for bids was published in the St. Louis
Post-Dispatch on the 5th, 12th, and 19th days of February, 1962;
and
(5) By Ordinance No. 716 adopted on the 5th day of
March, 1962, did confirm a contract with Karsten Plumbing Company,
as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 27th
day of February, 1962, 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 2nd day of March, 1962; 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 Seven Thousand Forty-
six and 23/100 Dollars ($7,046.23), 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 Seven Hundred Thirty-four and 23/100
Dollars ($734.23), which sum is properly recoverable from the
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contractor, and
(2) Contract items in the sum of Five Thousand Four
Hundred Sixty-six Dollars ($5,466.00), and
(3) Extra work properly chargeable under the contract in
the sum of Eight Hundred Forty-six Dollars ($846.00);
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
Seven Thousand Forty-six and 23/100 Dollars ($7,046.23) are hereby
levied on all land whether public or private but exclusive of
public streets, roads and alleys, in Subdistrict No. 168 (Marshall
Avenue) of The Metropolitan St. Louis Sewer District, as bounded
in said Ordinance No. 646. 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
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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 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 Seven Hundred
Thirty-four and 23/100 Dollars ($734.23) heretofore advanced from
the funds of The Metropolitan St. Louis Sewer District as a charge
against the said Subdistrict No. 168 (Marshall 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 July 20, 1962.