HomeMy Public PortalAbout00816 O R D I N A N C E NO. 816
AN ORDINANCE levying special benefit assessments against all
of the land benefited by the construction of sewers within the
boundaries of Subdistrict No. 74 (Wheaton Lateral) 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:
Ord. No. 816
(1) By Ordinance No. 483, adopted on the 22nd day of
December, 1960 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 17th day of November,
1960 at the Harrison Elementary School, 8129 Albin, St. Louis
County, Missouri, pursuant to notice thereof published in the St.
Louis Post-Dispatch on the 26th day of October, 1960, at which
public hearing all persons interested were given an opportunity to
be heard, did establish and prescribe the boundaries of a
subdistrict designated Subdistrict No. 74 (Wheaton Lateral) of The
Metropolitan St. Louis Sewer District; and
(2) By Resolution No. 369, adopted on the 19th day of
January, 1961, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 74 (Wheaton Lateral) 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. 74; and
(3) Did cause to be duly called and held a public hearing at
Harrison Elementary School, 8129 Albin, St. Louis County,
Missouri, at the hour of 8:00 p.m. on the 8th day of February,
1961, at which public hearing all persons interested in such
improvement were given an opportunity to be heard; and
(4) By Resolution No. 381, adopted on the 23rd day of
February, 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.
381; and pursuant to said direction, plans and specifications for
the improvement were prepared and the Board of Trustees did
approve the same on the 23rd day of February, 1961, and proper
notice to contractors for bids was published in the St. Louis
Globe-Democrat on the 24th and 31st days of May and the 7th day of
June, 1961; and
(5) By Ordinance No. 580, adopted on the 29th day of June,
1961, did confirm a contract with E. J. Fischer, as the lowest
responsible bidder, pursuant to bids for construction of such
improvement received and opened on the 15th day of June, 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 26th day of June,
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 Three Hundred Eighty-
Nine Thousand Five Hundred Ninety-Seven and 49/100 Dollars
($389,597.49), 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 Forty Two Thousand Five Hundred Twenty-
two and 03/100 Dollars ($42,522.03), which sum is properly
recoverable from the contractor, and
(2) Contract items in the sum of Three Hundred Forty-Six
Thousand Five Hundred Seventy-eight and 46/100 Dollars
($346,578.46), and
(3) Extra work properly chargeable under the contract in the
sum of Four Hundred Ninety-seven Dollars ($497.00);
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 Three
Hundred Eighty-Nine Thousand Five Hundred Ninety-seven and 49/100
Dollars ($389,597.49) are hereby levied on all land whether public
or private but exclusive of public streets, roads and alleys, in
Subdistrict Number 74 (Wheaton Lateral) of The Metropolitan St.
Louis Sewer District, as bounded in said Ordinance No. 483. 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 parcel 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 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 Forty-Two Thousand
Five Hundred Twenty-two and 03/100 Dollars ($42,522.03) heretofore
advanced from the funds of The Metropolitan St. Louis Sewer
District as a charge against the said Subdistrict No. 74 (Wheaton
Lateral).
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.