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O R D I N A N C E NO. 1049
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 135 (Spoede Road
Subtrunks) 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. 550, 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. 135 (Spoede
Road Subtrunks) of The Metropolitan St. Louis Sewer District, and
said Ordinance No. 550 was amended by enactment of Ordinance No.
1048 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. 552, adopted on the 30th day of
July, 1962, did declare the necessity of an improvement consisting
of the construction of subtrunk sanitary sewers in an area
designated Subdistrict No. 135 (Spoede Road Subtrunks) 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. 135; 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 13th day of August, 1962, at which public hearing all
persons interested in such improvement were given an opportunity
to be heard; and
(4) By Resolution No. 564, adopted on the 24th day of
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August, 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. 552; and pursuant to said
direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the
24th day of August, 1962, and proper notice to contractors for
bids was published in the St. Louis Post Dispatch on the 25th day
of October and the 1st and 8th days of November, 1962; and
(5) By Ordinance No. 873, adopted on the 27th day of
November, 1962, did confirm a contract with J. E. Latta
Construction Company, Inc., as the lowest responsible bidder,
pursuant to bids for construction of such improvement received and
opened on the 16th 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 21st day of November, 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 One Hundred Forty-two
Thousand Two Hundred Ninety-eight and 87/100 Dollars
($142,298.87), 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,
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inspection, preparation of plans and contracts, and other costs of
supervision, in the sum of Seventeen Thousand Six Hundred and
86/100 Dollars ($17,600.86), which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of One Hundred Eighteen
Thousand Thirty-five and 66/100 Dollars ($118,035.66), and
(3) Extra work properly chargeable under the contract
in the sum of Six Thousand Six Hundred Sixty-two and 35/100
Dollars ($6,662.35);
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 Forty-two Thousand Two Hundred Ninety-eight and 87/100
Dollars ($142,298.87) 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. 1048 adopted October 4, 1963, in Subdistrict No. 135
(Spoede Road Subtrunks) of The Metropolitan St. Louis Sewer
District, as bounded in said Ordinance No. 550, as amended by such
Ordinance No. 1048. 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
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streets, roads and alleys and of aforesaid excluded strips of
land.
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.
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 Seventeen Thousand Six Hundred and
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86/100 Dollars ($17,600.86) heretofore advanced from the funds of
The Metropolitan St. Louis Sewer District as a charge against the
said Subdistrict No. 135 (Spoede Road Subtrunks).
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.