HomeMy Public PortalAbout00975 O R D I N A N C E NO. 975
AN ORDINANCE levying special benefit assessments against all
of the land benefited by the construction of sewers within the
boundaries of Subdistrict No. 126 (Country Fair) 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. 515, adopted on the 9th day of March,
1961 not less than three weeks after a public hearing thereon held
at 8:00 o'clock p.m. on the 16th day of February, 1961 at the
Spoede School, 425 North Spoede Road, St. Louis County, Missouri,
pursuant to notice thereof published in the St. Louis Globe-
Democrat on the 19th day of January, 1961, at which public hearing
all persons interested were given an opportunity to be heard, did
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establish and prescribe the boundaries of a subdistrict designated
Subdistrict No. 126 (Country Fair) of The Metropolitan St. Louis
Sewer District; and
(2) By Resolution No. 414, adopted on the 29th 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. 126 (Country Fair) of The Metropolitan St. Louis
Sewer District, and did provide that the entire cost of such im-
provement 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. 126; and
(3) Did cause to be duly called and held a public hearing at
the Spoede School, 425 North Spoede Road, St. Louis County,
Missouri, at the hour of 8:00 o'clock p.m. on the 26th 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. 433, 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
to the provisions of said Resolution No. 414; and pursuant to said
direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the
28th day of May, 1962, and proper notice to contractors for bids
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was published in the St. Louis Post-Dispatch on the 31st day of
May and the 7th and 14th days of June, 1962; and
(5) By Ordinance No. 788, adopted on the 20th day of July,
1962, did confirm a contract with Fred M. Luth and Sons, Inc., as
the lowest responsible bidder, pursuant to bids for construction
of such improvement received and opened on the 22nd day of June,
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 29th 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 One Hundred Sixty-six
Thousand Eight Hundred and Seventy-two and 32/100 Dollars
($166,872.32), 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 Forty-four Thousand Five Hundred Sixty-
four and 51/100 Dollars ($44,564.51), which sum is properly
recoverable from the contractor, and
(2) Contract items in the sum of One Hundred Nineteen
Thousand Seven Hundred Thirty-seven and 02/100 Dollars
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($119,737.02), and
(3) Extra work properly chargeable under the contract in the
sum of Two Thousand Five Hundred Seventy and 79/100 Dollars
($2,570.79);
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 Sixty-six Thousand Eight Hundred Seventy-two and 32/100
Dollars ($166,872.32) are hereby levied on all land whether public
or private but exclusive of public streets, roads and alleys, in
Subdistrict No. 126 (County Fair) of The Metropolitan St. Louis
Sewer District, as bounded in said Ordinance No. 515. 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 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 Forty-four Thousand Five Hundred Sixty-four
and 51/100 Dollars ($44,564.51) heretofore advanced from the funds
of The Metropolitan St. Louis Sewer District as a charge against
the said Subdistrict No. 126 (Country Fair).
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 June 7, 1963.