HomeMy Public PortalAbout00982 O R D I N A N C E NO. 982
AN ORDINANCE levying special benefit assessments against all
of the land benefited by the construction of sewers within the
boundaries of Subdistrict No. 91 (Geraldine South) of The Metro-
politan 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. 349, 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
be heard, did establish and prescribe the boundaries of a
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subdistrict designated Subdistrict No. 91 (Geraldine South) of The
Metropolitan St. Louis Sewer District, and did amend said
Ordinance No. 349 by adoption of Ordinance No. 890 on the 20th day
of December, 1962;
(2) By Resolution No. 500, 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. 91 (Geraldine South) 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. 91; 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 o'clock 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. 517, 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. 500; and pursuant to said
direction, plans and specifications for the improvement were pre-
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pared 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 24th and 31st
days of October, and the 7th day of November, 1962; and
(5) By Ordinance No. 875, adopted on the 27th day of
November, 1962, did confirm a contract with Joseph L. Pohl,
Contractor, as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 15th
day of November, 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 23rd day of November, 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 Fifty-six Thousand Four
Hundred Seventy-seven and 74/100 Dollars ($56,477.74), 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 Seven Thousand One Hundred Twenty-two
and 09/100 Dollars ($7,122.09), which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of Forty-nine Thousand Three
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Hundred Fifty-five and 65/100 Dollars ($49,355.65);
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 Fifty-
six Thousand Four Hundred Seventy-seven and 74/100 Dollars
($56,477.74) are hereby levied on all land whether public or
private but exclusive of public streets, roads and alleys, in
Subdistrict No. 91 (Geraldine South) of The Metropolitan St. Louis
Sewer District, as bounded in said Ordinance No. 349, as amended
by Ordinance No. 890. 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
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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 Seven Thousand One Hundred Twenty-two and
09/100 Dollars ($7,122.09) heretofore advanced from the funds of
The Metropolitan St. Louis Sewer District as a charge against the
said Subdistrict No. 91 (Geraldine South).
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.