HomeMy Public PortalAbout01013 O R D I N A N C E NO. 1013
AN ORDINANCE levying special benefit assessments against
all of the land benefited by the construction of sewers within the
boundaries of Subdistrict No. 152 (Emma and Sapphire) 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. 619, adopted on the 11th day of
September, 1961 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 12th day of July, 1961 at
the Woodland School, 8420 Sunbury, City of Jennings, St. Louis
County, Missouri, pursuant to notice thereof published in the St.
Louis Post-Dispatch on the 19th day of June, 1961, at which public
hearing all persons interested were given an opportunity to be
2
heard, did establish and prescribe the boundaries of a subdistrict
designated Subdistrict No. 152 (Emma and Sapphire) of The
Metropolitan St. Louis Sewer District; and
(2) By Resolution No. 525, adopted on the 28th day of May,
1962, did declare the necessity of an improvement consisting of
the construction of storm water sewers in an area designated
Subdistrict No. 152 (Emma and Sapphire) 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, exclu-
sive of public streets, roads and alleys within such Subdistrict
No. 152; and
(3) Did cause to be duly called and held a public hearing at
the Woodlawn School, 8420 Sunbury, City of Jennings, St. Louis
County, Missouri, at the hour of 8:00 o'clock p.m. on the 21st day
of June, 1962, at which public hearing all persons interested in
such improvement were given an opportunity to be heard; and
(4) By Resolution No. 545, adopted on the 20th day of July,
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. 525; and pursuant to said
direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the
3
24th day of August, 1962, and proper notice to contractors for
bids was published in the St. Louis Post-Dispatch on the 17th,
24th, and 31st days of December, 1962; and
(5) By Ordinance No. 911, adopted on the 11th day of January,
1963, did confirm a contract with E. J. Fischer, as the lowest
responsible bidder, pursuant to bids for construction of such
improvement received and opened on the 8th day of January, 1963,
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 11th day of January,
1963; 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 Eight Thousand Eight
Hundred Fourteen and 07/100 Dollars ($8,814.07), 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 Five Hundred Two and
77/100 Dollars ($1,502.77), which sum is properly recoverable from
the contractor, and
(2) Contract items in the sum of Seven Thousand Three Hundred
Eleven and 30/100 Dollars ($7,311.30);
4
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 Eight
Thousand Eight Hundred Fourteen and 07/100 Dollars ($8,814.07) are
hereby levied on all land whether public or private but exclusive
of public streets, roads and alleys, in Subdistrict No. 152 (Emma
and Sapphire) of The Metropolitan St. Louis Sewer District, as
bounded in said Ordinance No. 619. 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
5
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 One Thousand Five Hundred Two and 77/100
Dollars ($1,502.77) heretofore advanced from the funds of The
Metropolitan St. Louis Sewer District as a charge against the said
Subdistrict No. 152 (Emma and Sapphire).
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.
6
The foregoing Ordinance was adopted August 7, 1963.