HomeMy Public PortalAbout00980 O R D I N A N C E NO. 980
AN ORDINANCE levying special benefit assessments against all
of the land benefited by the construction of sewers within the
boundaries of Subdistrict No. 177 (Capitol Hill and Hudson) 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. 669, adopted on the 7th day of
December, 1961 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 30th day of October, 1961
at the Thomas Elementary School, 10335 Viscount Drive, St. Louis
County, Missouri, pursuant to notice thereof published in the St.
Louis-Globe Democrat on the 4th day of October, 1961, 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 sub-
district designated Subdistrict No. 177 (Capitol Hill and Hudson)
of The Metropolitan St. Louis Sewer District; and
(2) By Resolution No. 515, adopted on the 23rd day of April,
1962, did declare the necessity of an improvement consisting of
the construction of lateral sanitary sewers in an area designated
Subdistrict No. 177 (Capitol and Hudson) 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. 177; and
(3) Did cause to be duly called and held a public hearing at
the Thomas Elementary School, 10335 Viscount Drive, St. Louis
County, Missouri, at the hour of 8:00 o'clock p.m. on the 15th day
of May, 1962, at which public hearing all persons interested in
such improvement were given an opportunity to be heard; and
(4) By Resolution No. 529, adopted on the 28th day of May,
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. 515; and pursuant to said
direction, plans and specifications for the improvement were
prepared 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. 891, adopted on the 20th day of
December, 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 6th
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 12th 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 Twenty-six Thousand
Nine Hundred Eighty-two and 34/100 Dollars ($26,982.34), 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 Eight Thousand Three Hundred Sixty and
68/100 Dollars ($8,360.68), which sum is properly recoverable from
the contractor, and
(2) Contract items in the sum of Eighteen Thousand One
Hundred Sixty-nine and 80/100 Dollars ($18,169.80), and
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(3) Extra work properly chargeable under the contract in the
sum of Four Hundred Fifty-one and 86/100 Dollars ($451.86);
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
Twenty-Six Thousand Nine Hundred Eighty-two and 34/100 Dollars
($26,982.34) are hereby levied on all land whether public or
private but exclusive of public streets, roads and alleys, in
Subdistrict No. 177 (Capitol Hill and Hudson) of The Metropolitan
St. Louis Sewer District, as bounded in said Ordinance No. 669.
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 per-
formed 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
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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 Eight Thousand Three Hundred Sixty and 68/100
Dollars ($8,360.68) heretofore advanced from the funds of The
Metropolitan St. Louis Sewer District as a charge against the said
Subdistrict No. 177 (Capitol Hill and Hudson).
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.