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O R D I N A N C E NO. 1046
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 139 (Olive Crest) 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. 553, 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, 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
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which public hearing all persons interested were given an
opportunity to be heard, did establish and prescribe the
boundaries of a subdistrict designated Subdistrict No. 139 (Olive
Crest) of The Metropolitan St. Louis Sewer District; and Section
Three of said Ordinance No. 553 was amended by enactment of
Ordinance No. 1045 on the 4th day of October, 1963, whereby
certain strips of ground therein described were declared not
benefited and not subject to special benefit assessments, and
(2) By Resolution No. 418, 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. 139 (Olive Crest) 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. 139; 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. 442, adopted on the 31st day of
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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. 418; 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
day of November, 1962, and proper notice to contractors for bids
was published in the St. Louis Globe Democrat on the 19th and 26th
days of December, 1962, and the 2nd day of January, 1963; and
(5) By Ordinance No. 914, adopted on the 7th day of
February, 1963, 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 10th
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 16th 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 One Hundred Four
Thousand One Hundred Nineteen and 11/100 Dollars ($104,119.11),
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
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supervision, in the sum of Ten Thousand Six Hundred Nine and
25/100 Dollars ($10,609.25), which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of Ninety-one Thousand
Three Hundred Seventy-six and 91/100 Dollars ($91,376.91), and
(3) Extra work properly chargeable under the contract
in the sum of Two Thousand One Hundred Thirty-two and 95/100
Dollars ($2,132.95);
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
One Hundred Four Thousand One Hundred Nineteen and 11/100 Dollars
($104,119.11) are hereby levied on all land whether public or
private but exclusive of public streets, roads and alleys, and of
those strips of land therein as set forth in Section Two of
Ordinance No. 1045, adopted October 4th, 1963, in Subdistrict No.
139 (Olive Crest) of The Metropolitan St. Louis Sewer District,
as bounded in said Ordinance No. 553 as amended by such Ordinance
No. 1045. 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 and of aforesaid excluded strips of land.
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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
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 Ten Thousand Six Hundred Nine and
25/100 Dollars ($10,609.25) heretofore advanced from the funds of
The Metropolitan St. Louis Sewer District as a charge against the
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said Subdistrict No. 139 (Olive Crest).
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. The foregoing Ordinance was adopted October 4, 1963.