HomeMy Public PortalAbout00865 O R D I N A N C E NO. 865
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 159 (Woodlawn and Old
Warson) 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. 623, adopted on the 11th day of
September, 1961 not less than three weeks after a public hearing
thereon held at 8:00 p.m. on the 10th day of August, 1961 at the
Hudson Elementary School, 1121 Kortwright, St. Louis County,
Missouri, pursuant to notice thereof published in the St. Louis
Globe-Democrat on the 18th day of July, 1961, 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. 159 (Woodlawn and Old Warson) of The
Metropolitan St. Louis Sewer District; and
(2) By Resolution No. 462, adopted on the 19th day of
October, 1961, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 159 (Woodlawn and Old Warson) 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. 159; and
(3) Did cause to be duly called and held a public
hearing at the Hudson School, 1121 Kortwright, St. Louis County,
Missouri, at the hour of 8:00 P.M. on the 6th day of November,
1961, at which public hearing all persons interested in such
improvement were given an opportunity to be heard; and
(4) By Resolution No. 469, adopted on the 20th day of
November, 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.
462; and pursuant to said direction, plans and specifications for
the improvement were prepared and the Board of Trustees did
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approve the same on the 28th day of May, 1962, and proper notice
to contractors for bids was published in the St. Louis Post-
Dispatch on the 18th and 25th days of June and the 2nd day of
July, 1962; and
(5) By Ordinance No. 793 adopted on the 20th day of
July, 1962, did confirm a contract with W. A. Blue Construction
Company, as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 10th
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 17th day of July, 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 Thirty-six Thousand
Eighty-nine and 17/100 Dollars ($36,089.17), 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 Six Thousand One Hundred Fifty-nine and
30/100 Dollars ($6,159.30), which sum is properly recoverable from
the contractor, and
(2) Contract items in the sum of Twenty-nine Thousand
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Nine Hundred Twenty-nine and 87/100 Dollars ($29,929.87);
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
Thirty-six Thousand Eighty-nine and 17/100 Dollars ($36,089.17)
are hereby levied on all land whether public or private but
exclusive of public streets, roads and alleys, in Subdistrict No.
159 (Woodlawn and Old Warson) of The Metropolitan St. Louis Sewer
District, as bounded in said Ordinance No. 623. 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 interest
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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 Six Thousand One
Hundred Fifty-nine and 30/100 Dollars ($6,159.30) heretofore
advanced from the funds of The Metropolitan St. Louis Sewer
District as a charge against the said Subdistrict No. 159
(Woodlawn and Old Warson)
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.