HomeMy Public PortalAbout00820 O R D I N A N C E NO. 820
AN ORDINANCE levying special benefit assessments against all
of the land benefited by the construction of sewers within the
boundaries of Subdistrict No. 114 (Sackston Woods) 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:
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Ord. No. 820
(1) By Ordinance No. 490, adopted on the 5th day of January,
1961 not less than three weeks after a public hearing thereon held
at 8:00 o:clock P.M. on the 21st day of November, 1960 at the
Weber Elementary School on Ballas Road 1/2 mile south of Olive
Street Road, St. Louis County, Missouri, pursuant to notice
thereof published in the St. Louis Globe-Democrat on the 27th 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. 114
(Sackston Woods) of The Metropolitan St. Louis Sewer District; as
amended by Ordinance No. 635, adopted October 19, 1961 and
Ordinance No. 733, adopted April 23, 1962,
(2) By Resolution No. 377, 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. 114 (Sackston Woods) 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. 114; and
(3) Did cause to be duly called and held a public hearing at
Weber School on Ballas Road, one half mile south of Olive Street
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Road, St. Louis County, Missouri, at the hour of 8:00 P.M. on the
27th 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. 388, adopted on the 9th 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. 388; and pursuant to said
direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the 9th
day of March, 1961, and proper notice to contractors for bids was
published in the St. Louis Globe-Democrat on the 7th, 14th, and
21st days of September, 1961; and
(5) By Ordinance No. 648 adopted on the 30th day of October,
1961, 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 29th day of
September, 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 16th 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
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and that the entire cost thereof amounts to Fifty-Six Thousand Six
Hundred Ten and 02/100 Dollars ($56,610.02), 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 Eight Thousand One Hundred Eighty-two
and 66/100 Dollars ($8,182.66), which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of Forty-Eight Thousand Four Hundred Twenty-seven and 36/100 Dollars ($48,427.36),
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 Fifty-
Six Thousand Six Hundred Ten and 02/100 Dollars ($56,610.02) are
hereby levied on all land whether public or private but exclusive
of public streets, roads and alleys, in Subdistrict Number 114
(Sackston Woods) of The Metropolitan St. Louis Sewer District, as
bounded in said Ordinance No. 733. 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.
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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 Eight Thousand One
Hundred Eighty-two and 66/100 Dollars ($8,182.66) heretofore
advanced from the funds of The Metropolitan St. Louis Sewer
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District as a charge against the said Subdistrict No. 114
(Sackston Woods).
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.