HomeMy Public PortalAbout00809 O R D I N A N C E NO. 809
AN ORDINANCE levying special benefit assessments against
all of the land benefited by the construction of sewers within the
boundaries of Subdistrict No. 15 (Waddell-Carondelet) 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. 310, adopted on the 27th day of
August, 1959 not less than three weeks after a public hearing
thereon held at 8:00 o'clock P.M. on the 4th day of August, 1959
at the Windsor School, 4092 Robert Avenue, St. Louis County,
Missouri, pursuant to notice thereof published in the St. Louis
Globe-Democrat on the 14th day of July, 1959, 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. 15 (Waddell-Carondelet) of The
Metropolitan St. Louis Sewer District; and
(2) By Resolution No. 279, adopted on the 7th day of
January, 1960, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 15 (Waddell-Carondelet) 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. 15; and
(3) Did cause to be duly called and held a public
hearing at the Windsor School, 4092 Robert Avenue, St. Louis
County, Missouri, at the hour of 8:00 P.M. on the 4th day of
February,
1960, at which public hearing all persons interested in such
improvement were given an opportunity to be heard; and
(4) By Resolution No. 287, adopted on the 3rd day of
March, 1960, 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. 279; 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
23rd day of November, 1960, and proper notice to contractors for
bids was published in the St. Louis Post-Dispatch on the 5th,
12th, and 19th days of April, 1962; and
(5) By Ordinance No. 746 adopted on the 7th day of May,
1962, did confirm a contract with Nash Construction Company, as
the lowest responsible bidder, pursuant to bids for construction
of such improvement received and opened on the 27th day of April,
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 4th day of May,
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 Fourteen Thousand Four
Hundred Eighty-two and 69/100 Dollars ($14,482.69), 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 Two Thousand Three Hundred Sixty-four
and 40/100 Dollars ($2,364.40), which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of Twelve Thousand One
4
Hundred Eighteen and 29/100 Dollars ($12,118.29);
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
Fourteen Thousand Four Hundred Eighty-two and 69/100 Dollars
($14,482.69) are hereby levied on all land whether public or
private but exclusive of public streets, roads and alleys, in
Subdistrict No. 15 (Waddell-Carondelet) of The Metropolitan St.
Louis Sewer District, as bounded in said Ordinance No. 310. 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 rate of
5
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 Two Thousand Three
Hundred Sixty-four and 40/100 Dollars ($2,364.40) heretofore
advanced from the funds of The Metropolitan St. Louis Sewer
District as a charge against the said Subdistrict No. 15 (Waddell-
Carondelet).
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.
The foregoing Ordinance was adopted August 24, 1962.
6