HomeMy Public PortalAbout00977 O R D I N A N C E NO. 977
AN ORDINANCE levying special benefit assessments against all
of the land benefited by the construction of sewers within the
boundaries of Subdistrict No. 137 (Spoede Hills East) of The
Metropolitan St. Louis Sewer District; directing issuance of
Special Tax bills evidencing said levy; setting out the form,
terms, and provisions or 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. 551, adopted on the 18th day of May,
1961 not less than three weeks after a public hearing thereon held
at 8:00 o'clock p.m. on the 13th day of April, 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 20th day of March, 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. 137 (Spoede Hills East) of The Metropolitan St.
Louis Sewer District; and
(2) By Resolution No. 417, 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. 137 (Spoede Hills East) 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. 137; 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 27th 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. 440, 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. 417; and pursuant to said
direction, plans and specifications for the improvement were pre-
pared and the Board of Trustees did approve the same on the 8th
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day of November, 1962, and proper notice to contractors for bids
was published in the St. Louis Post-Dispatch on the 14th, 21st,
and 28th days of November, 1962; and
(5) By Ordinance No. 893, adopted on the 20th day of
December, 1962, did confirm a contract with Shamrock Engineering,
Inc., as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 5th
day of December, 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 13th day of December, 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 Five Thousand Six
Hundred Fifty-two and 79/100 Dollars ($5,652.79), 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 One Thousand Seventy-four and 29/100
Dollars ($1,074.29), which sum is properly recoverable from the
contractor, and
(2) Contract items in the sum of Four Thousand Five Hundred
Seventy-eight and 50/100 Dollars ($4,578.50);
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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 Five
Thousand Six Hundred Fifty-two and 79/100 Dollars ($5,652.79) are
hereby levied on all land whether public or private but exclusive
of public streets, roads and alleys, in Subdistrict No. 137
(Spoede Hills East) of The Metropolitan St. Louis Sewer District,
as bounded in said Ordinance No. 551. 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
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 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 One Thousand Seventy-four and 29/100 Dollars
($1,074.29) heretofore advanced from the funds of The Metropolitan
St. Louis Sewer District as a charge against the said Subdistrict
No. 137 (Spoede Hills East).
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.