HomeMy Public PortalAbout00863 O R D I N A N C E NO. 863
AN ORDINANCE levying special benefit assessments against all
of the land benefited by the construction of sewers within the
boundaries of Subdistrict No. 122 (Huntleigh Downs 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 prided 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. 492, 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 13th day of December, 1960 at the
Wright School, 10601 Clayton Road, St. Louis County, Missouri,
pursuant to notice thereof published in the St. Louis Globe-
Democrat on the 21st day of November, 1960, at which public
hearing all persons interested were given an opportunity to be
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heard, did establish and prescribe the boundaries of a subdistrict
designated Subdistrict No. 122 (Huntleigh Downs Lateral) of The
Metropolitan St. Louis Sewer District and by Ordinance No. 829
adopted on the 10th day of September, 1962 and Ordinance No. 862
adopted on the 8th day of November, 1962, did revise the
boundaries of said Subdistrict, and
(2) By Resolution No. 403, adopted on the 15th day of June,
1961, did declare the necessity of an improvement consisting of
the construction of lateral sanitary sewers in an area designated
Subdistrict No. 122 (Huntleigh Downs 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. 122; and
(3) Did cause to be duly called and held a public hearing at
the Wright School, 10601 Clayton Road, St. Louis County, Missouri,
at the hour of 8:00 p.m. on the 6th day of July, 1961, at which
public hearing all persons interested in such improvement were
given an opportunity to be heard; and
(4) By Resolution No. 432, adopted on the 31st day of
August, 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
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to the provisions of said Resolution No. 403; and pursuant to said
direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the
19th day of February, 1962, and proper notice to contractors for
bids was published in the St. Louis Post-Dispatch on the 7th,
14th, and 21st days of May, 1962; and
(5) By Ordinance No. 766 adopted on the 11th day of June,
1962, did confirm a contract with J. E. Latta Construction
Company, Inc., as the lowest responsible bidder, pursuant to bids
for construction of such improvement received and opened on the
29th day of May, 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 11th day of June, 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 Fifty-nine Thousand
Three Hundred Forty-five and 89/100 Dollars ($59,345.89), 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 Seven Thousand Two Hundred Forty-seven
and 82/100 Dollars ($7,247.82), which sum is properly recoverable
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from the contractor, and
(2) Contract items in the sum of Fifty-two Thousand Ninety-
eight and 07/100 Dollars ($52,098.07);
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-
nine Thousand Three Hundred Forty-five and 89/100 Dollars
($59,345.89) are hereby levied on all land whether public or
private but exclusive of public streets, roads and alleys, in
Subdistrict No. 122 (Huntleigh Downs Lateral) of The Metropolitan
St. Louis Sewer District, as bounded in said Ordinance No. 492 as
amended by said Ordinance: No. 829 and Ordinance No. 862. 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
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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 seven Thousand Two
Hundred Forty-seven and 82/100 Dollars ($7,247.82) heretofore
advanced from the funds of The Metropolitan St. Louis Sewer
District as a charge against the said Subdistrict No. 122
(Huntleigh Downs 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.
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The foregoing Ordinance was adopted November 8, 1962.