HomeMy Public PortalAbout00877 O R D I N A N C E NO. 877
AN ORDINANCE levying special benefit assessments
against all of the land benefitted by the construction of sewers
within the boundaries of Subdistrict No. 78 (Magnet Drive) 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:
(I) By Ordinance No. 481, 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 9th day of November,
1960 at the Olivette City Hall, 9473 Olive Street Road, St. Louis
County, Missouri, pursuant to notice thereof published in the St.
Louis Post-Dispatch on the 17th day of October, 1960, at which
public hearing all persons interested were given an opportunity to
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be heard, did establish and prescribe the boundaries of a
subdistrict designated Subdistrict No. 78 (Magnet Drive) of The
Metropolitan St. Louis Sewer District, and did amend the
boundaries of said subdistrict by adoption of Ordinance No. 808 on
the 24th day of August, 1962; and
(2) By Resolution No. 478, adopted on the 8th day of
January, 1962, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 78 (Magnet Drive) 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 benefitted by such construction, whether public or
private, exclusive of public streets, roads and alleys within such
Subdistrict No. 78; and
(3) Did cause to be duly called and held a public
hearing at the Olivette City Hall, 9473 Olive Street Road, St.
Louis County, Missouri, at the hour of 8:00 p. m. on the 6th day
of February, 1962, at which public hearing all persons interested
in such improvement were given an opportunity to be heard; and
(4) By Resolution No. 487, adopted on the 19th day of
February, 1962, 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.
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478; 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
Globe-Democrat on the 13th, 20th, and 27th days of March, 1962;
and
(5) By Ordinance No. 736, adopted on the 23rd day of
April, 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 4th
day of April, 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 April, 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 Forty-seven Thousand
One Hundred Eighty-three and 41/100 Dollars ($47,183.41), 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 Ten Thousand Seven Hundred Ninety-one
and 08/100 Dollars ($10,791.08), which sum is properly recoverable
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from the contractor, and
(2) Contract items in the sum of Thirty-six Thousand
Forty-nine and 58/100 Dollars ($36,049.58), and
(3) Extra work properly chargeable under the contract
in the sum of Three Hundred Forty-two and 75/100 Dollars
($342.75);
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
Forty-seven Thousand One Hundred Eighty-three and 41/100 Dollars
($47,183.41) are hereby levied on all land whether public or
private but exclusive of public streets, roads and alleys, in
Subdistrict No. 78 (Magnet Drive) of The Metropolitan St. Louis
Sewer District, as bounded in said Ordinance No. 481 as amended by
said Ordinance No. 808. Said levy is for the entire cost of
construction of said improvement to serve said benefitted area and
said sum shall be levied ratably by area upon the lots or parcels
of ground within said benefitted area, whether public or private,
in the proportion that the area each such lot or parcel of ground
bears to the said entire benefitted 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
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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 amended by
adoption of Ordinance No. 849 October 15, 1962, 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 as amended; 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 Ten
Thousand Seven Hundred Nine-one and 08/100 Dollars ($10,791.08)
heretofore advanced from the funds of The Metropolitan St. Louis
Sewer District as a charge against the said Subdistrict No. 78
(Magnet Drive).
Section Four. The completion and acceptance of the said
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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 November 27, 1962.