HomeMy Public PortalAbout00800 O R D I N A N C E NO. 800
AN ORDINANCE levying special benefit assessments against
all of the land benefited by the construction of sewers within the
boundaries of Subdistrict No. 107 (Mert-Hobday) 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. 422, adopted on the 7th day of
July, 1960 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 15th day of June, 1960 at
the Arthur A. Hoech Junior High School, 3312 Ashby Road, St. Louis
County, Missouri, pursuant to notice thereof published in the St.
Louis Globe-Democrat on the 24th day of May, 1960, at which public
hearing all persons interested were given an opportunity to be
2
heard, did establish and prescribe the boundaries of a subdistrict
designated Subdistrict No. 107 (Mert-Hobday) of The Metropolitan
St. Louis Sewer District; and
(2) By Resolution No. 376, adopted on the 9th day of
February, 1961, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 107 (Mert-Hobday) 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. 107; and
(3) Did cause to be duly called and held a public
hearing at the Arthur A. Hoech Junior High School, 3312 Ashby
Road, St. Louis County, Missouri, at the hour of 8:00 P. M. on
the 9th day of March, 1961, at which public hearing all persons
interested in such improvement were given an opportunity to be
heard; and
(4) By Resolution No. 389, adopted on the 23rd day of
March, 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. 376; and pursuant to said
direction, plans and specifications for the improvement were
3
prepared and the Board of Trustees did approve the same on the 8th
day of January, 1962, and proper notice to contractors for bids
was published in the St. Louis Post-Dispatch on the 7th, 14th, and
21st days of February, 1962; and
(5) By Ordinance No. 721 adopted on the 19th day of
March, 1962, did confirm a contract with J. E. Latta Construction
Co., Inc., as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 1st
day of March, 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 19th 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 One Hundred Twenty--
four Thousand Five Hundred Thirteen and 12/100 Dollars
($124,513.12), 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 Nineteen Thousand Five Hundred Seventy-
eight and 44/100 Dollars ($19,578.44), which sum is properly
recoverable from the contractor, and
4
(2) Contract items in the sum of One Hundred Four
Thousand Nine Hundred Thirty-four and 68/100 Dollars
($104,934.68);
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
One Hundred Twenty-four Thousand Five Hundred Thirteen and 12/100
Dollars ($124,513.12) are hereby levied on all land whether public
or private but exclusive of public streets, roads and alleys, in
Subdistrict No. 107 (Mert-Hobday) of The Metropolitan St. Louis
Sewer District, as bounded in said Ordinance No. 422, as amended
by Ordinance No. 752. 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
5
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 Nineteen Thousand
Five Hundred Seventy-eight and 44/100 Dollars ($19,578.44)
heretofore advanced from the funds of The Metropolitan St. Louis
Sewer District as a charge against the said Subdistrict No. 107
(Mert-Hobday).
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.
6
The foregoing Ordinance was adopted July 20, 1962.