HomeMy Public PortalAbout00859 O R D I N A N C E NO. 859
AN ORDINANCE levying special benefit assessments against all
of the land benefited by the construction of sewers within the
boundaries of Subdistrict No. 182 (Hanley and Cler) of The Metro-
politan 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. 700, adopted on the 19th day of
February, 1962, not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 8th day of January, 1962
at the Bel Nor Elementary School, 3101 Nordic Drive, St. Louis
County, Missouri, pursuant to notice thereof published in the St.
Louis Post-Dispatch on the 15th day of December, 1961, at which
public hearing all persons interested were given an opportunity to
be heard, did establish and prescribe the boundaries of a
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subdistrict designated Subdistrict No. 182 (Hanley and Cler) of
The Metropolitan St. Louis Sewer District; and
(2) By Resolution No. 503, adopted on the 19th day of March,
1962, did declare the necessity of an improvement consisting of
the construction of lateral sanitary sewers in an area designated
Subdistrict No. 182 (Hanley and Cler) 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. 182; and
(3) Did cause to be duly called and held a public hearing at
the Bel Nor Elementary School, 3101 Nordic Drive, St. Louis
County, Missouri, at the hour of 8:00 p.m. on the 12th day of
April, 1962, at which public hearing all persons interested in
such improvement were given an opportunity to be heard; and
(4) By Resolution No. 519, adopted on the 23rd day of April,
1962, did determine that it is 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. 503; and pursuant to said
direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the
28th day of May, 1962, and proper notice to contractors for bids
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was published in the St. Louis Globe-Democrat on the 19th and 26th
days of June and on the 3rd day of July, 1962; and
(5) By Ordinance No. 795 adopted on the 20th day of July,
1962, did confirm a contract with Latta Bridge Company, Inc., as
the lowest responsible bidder, pursuant to bids for construction
of such improvement received and opened on the 11th day of July,
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 18th day of
July, 1962; and
WHEREAS, the construction of said improvement is hereby
accepted upon the Executive Director's determination that said im-
provement has been completed satisfactorily by the contractor and
that the entire cost thereof amounts to Nineteen Thousand Eighty--
two and 42/100 Dollars ($19,082.42), 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 Four Hundred Ninety-one
and 69/100 Dollars ($2,491.69), which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of Sixteen Thousand Five
Hundred Ninety and 73/100 Dollars ($16,590.73); and
WHEREAS, The Carsonville Sewer District has paid the sum of
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Five Thousand One Hundred Twenty-one and 42/100 Dollars
($5,121.42) to apply to said entire cost of said improvement,
thereby leaving a balance in the sum of Thirteen Thousand Nine
Hundred Sixty-one Dollars ($13,961.00) to be paid by the benefited
land in said Subdistrict No. 182;
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
Thirteen Thousand Nine Hundred Sixty-one Dollars ($13,961.00) are
hereby levied on all land whether public or private but exclusive
of public streets, roads and alleys, in Subdistrict No. 182
(Hanley and Cler) of The Metropolitan St. Louis Sewer District, as
bounded in said Ordinance No. 700. Said levy is for the entire
unpaid 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 Two Thousand Four
Hundred Ninety-one and 69/100 Dollars ($2,491.69) heretofore
advanced from the funds of The Metropolitan St. Louis Sewer
District as a charge against the said Subdistrict No. 182 (Hanley
and Cler).
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
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force and effect from and after its passage.
The foregoing Ordinance was adopted November 8, 1962.