HomeMy Public PortalAbout00924 O R D I N A N C E NO. 924
AN ORDINANCE levying special benefit assessments against all
of the land benefited by the construction of sewers within the
boundaries of Subdistrict No. 90 (Homecrest) 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. 371, adopted on the 11th day of
February, 1960, not less than three weeks after a public hearing
thereon held at 8:00 o'clock p. m. on the 21st day of January,
1960 at the Cool Valley School, 1351 South Florissant Road, Cool
Valley, St. Louis County, Missouri, pursuant to notice thereof
published in the St. Louis Globe-Democrat on the 29th day of
December, 1959, at which public hearing all persons interested
were given an opportunity to be heard, did establish and prescribe
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the boundaries of a subdistrict designated Subdistrict No. 90
(Homecrest) of The Metropolitan St. Louis Sewer District, and
(2) By Resolution No. 485, adopted on the 19th day of
February, 1962, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 90 (Homecrest) 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. 90; and
(3) Did cause to be duly called and held a public hearing at
the Cool Valley School, 1351 South Florissant Road, Cool Valley,
St. Louis County, Missouri, at the hour of 8:00 p.m. on the 19th
day of March, 1962, at which public hearing all persons interested
in such improvement were given an opportunity to be heard; and
(4) By Resolution No. 505, adopted on the 2nd day of April,
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. 485; and pursuant to said
direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the 2nd
day of April, 1962, and proper notice to contractors for bids was
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published in the St. Louis Globe-Democrat on the 12th, 19th, and
26th days of April, 1962; and
(5) By Ordinance No. 754, adopted on the 28th day of May,
1962, did confirm a contract with Fred M. Luth & Sons, Inc., as
the lowest responsible bidder, pursuant to bids for construction
of such improvement received and opened on the 4th 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 16th day of May,
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 Seventy-four Thousand
Seven Hundred Twenty-two and 26/100 Dollars ($74,722.26), 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 Twelve Thousand Five Hundred Seventy-
eight and 76/100 Dollars ($12,578.76), which sum is properly
recoverable from the contractor, and
(2) Contract items in the sum of Sixty-one Thousand Two
Hundred Thirteen and 40/100 Dollars ($61,213.40), and
(3) Extra work properly chargeable under the contract in the
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sum of Nine Hundred Thirty and 10/100 Dollars ($930.10);
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
Seventy-four Thousand Seven Hundred Twenty-two and 26/100 Dollars
($74,722.26) are hereby levied on all land whether public or
private but exclusive of public streets, roads and alleys, in
Subdistrict No. 90 (Homecrest) of The Metropolitan St. Louis Sewer
District, as bounded in said Ordinance No. 371. 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 amended by
Ordinance No. 849 effective November 14, 1962, and said bills
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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 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 Twelve
Thousand Five Hundred Seventy-eight and 76/100 Dollars
($12,578.76) heretofore advanced from the funds of The
Metropolitan St. Louis Sewer District as a charge against the said
Subdistrict No. 90 (Homecrest).
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 February 21, 1963.