HomeMy Public PortalAbout00965 O R D I N A N C E NO. 965
AN ORDINANCE levying special benefit assessments against all
of the land benefited by the construction of sewers within the
boundaries of Subdistrict No. 92 (Wright and Geraldine) 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 Con-
stitution 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. 350, adopted on the 17th day of
December, 1959 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 23rd day of November,
1959 at the Lewis DeHart School, 3597 Wismer Avenue, St. Louis
County, Missouri, pursuant to notice thereof published in the St.
Louis Globe-Democrat on the 30th day of October, 1959, 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. 92 (Wright and Geraldine)
of The Metropolitan St. Louis Sewer District and did amend such
boundaries by Ordinance No. 889, adopted on the 20th day of
December, 1962; and
(2) By Resolution No. 501, 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. 92 (Wright and Geraldine) 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. 92; and
(3) Did cause to be duly called and held a public hearing at
the Lewis DeHart School, 3597 Wismer Avenue, St. Louis County,
Missouri, at the hour of 8:00 P.M. on the 11th 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. 518, adopted on the 23rd 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. 501; and pursuant to said
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direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the
20th day of July, 1962, and proper notice to contractors for bids
was published in the St. Louis Globe-Democrat on the 5th, 12th,
and 19th days of September, 1962; and
(5) By Ordinance No. 850, adopted on the 15th day of October,
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 27th day of
September, 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 8th day of October, 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 One Hundred Twenty-six
Thousand Nine Hundred Sixty-seven and 26/100 Dollars
($126,967.26), 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 Thirteen Thousand Three Hundred Ninety-
seven and 93/100 Dollars ($13,397.93), which sum is properly
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recoverable from the contractor, and
(2) Contract items in the sum of One Hundred Thirteen
Thousand Five Hundred Sixty-nine and 33/100 Dollars ($113,569.33);
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 One
hundred Twenty-six Thousand Nine Hundred Sixty-seven and 26/100
Dollars ($126,967.26) are hereby levied on all land whether public
or private but exclusive of public streets, roads and alleys, in
Subdistrict No. 92 (Wright and Geraldine) of The Metropolitan St.
Louis Sewer District as bounded in said Ordinance No. 350, as
amended by Ordinance No. 889. 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 amended by
Ordinance No. 849 effective November 14, 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 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
Thirteen Thousand Three Hundred Ninety-seven and 93/100 Dollars
($13,397.93) heretofore advanced from the funds of The
Metropolitan St. Louis Sewer District as a charge against the said
Subdistrict No. 92 (Wright and Geraldine).
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 May 1, 1963.