HomeMy Public PortalAbout01017 O R D I N A N C E NO. 1017
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 136 (Spoede Hills) 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. 552, 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 Spoede Road, City of Creve Coeur, 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
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be heard, did establish and prescribe the boundaries of a
subdistrict designated Subdistrict No. 136 (Spoede Hills) of The
Metropolitan St. Louis Sewer District; and
(2) By Resolution No. 416, 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. 136 (Spoede Hills) 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. 136; and
(3) Did cause to be duly called and held a public
hearing at the Spoede School, 425 North Spoede Road, City of Creve
Coeur, 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. 441, 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. 416; and pursuant to said
direction, plans and specifications for the improvement were
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prepared and the Board of Trustees did approve the same on the 5th
day of April, 1963, and proper notice to contractors for bids was
published in the St. Louis Post Dispatch on the 10th, 17th, and
24th days of April, 1963; and
(5) By Ordinance No. 969, adopted on the 13th day of
May, 1963, did confirm a contract with Gampco Incorporated, as the
lowest responsible bidder, pursuant to bids for construction of
such improvement received and opened on the 2nd day of May, 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 8th day of May,
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 Twenty Thousand Five
Hundred Eighteen and 60/100 Dollars ($20,518.60), 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 Three Thousand Six Hundred Seventy-six
and 72/100 Dollars ($3,676.72), which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of Sixteen Thousand Eight
Hundred Forty-one and 88/100 Dollars ($16,841.88);
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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
Twenty Thousand Five Hundred Eighteen and 60/100 Dollars
($20,518.60) are hereby levied on all land whether public or
private but exclusive of public streets, roads and alleys, in
Subdistrict No. 136 (Spoede Hills) of The Metropolitan St. Louis
Sewer District, as bounded in said Ordinance No. 552. 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
prescribed by said Ordinance No. 97.
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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 Three Thousand Six Hundred Seventy-
six and 72/100 Dollars ($3,676.72) heretofore advanced from the
funds of The Metropolitan St. Louis Sewer District as a charge
against the said Subdistrict No. 136 (Spoede Hills).
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 August 28, 1963.