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O R D I N A N C E NO. 1055
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 184 (General Grant
Lateral) 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. 702, adopted on the 19th day of
February, 1962 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 23rd day of January, 1962
at the Washington Park School, 145 East Old Watson Road, St. Louis
County, Missouri, pursuant to notice thereof published in the St.
Louis Post-Dispatch on the 29th day of December, 1961, at which
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public hearing all persons interested were given an opportunity to
be heard, did establish and prescribe the boundaries of a
subdistrict designated Subdistrict No. 184 (General Grant Lateral)
of The Metropolitan St. Louis Sewer District, and by Ordinance No.
855 adopted on the 8th day of November, 1962 did amend said
Ordinance No. 702 and prescribe new boundaries of such
Subdistrict; and
(2) By Resolution No. 537, adopted on the 25th day of
June, 1962, did declare the necessity of an improvement consisting
of the construction of lateral sanitary sewers in an area
designated Subdistrict No. 184 (General Grant Lateral) 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. 184, and by Ordinance No. 941 adopted on the 5th
day of April, 1963, did provide that a certain private roadway in
such Subdistrict would not be liable to said levy; and
(3) Did cause to be duly called and held a public
hearing at the Washington Park School, 145 East Old Watson Road,
St. Louis County, Missouri, at the hour of 8:00 o'clock p.m. on
the 16th day of July, 1962, at which public hearing all persons
interested in such improvement were given an opportunity to be
heard; and
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(4) By Resolution No. 559, adopted on the 30th 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. 537; and pursuant to said
direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the 7th
day of March, 1963, and proper notice to contractors for bids was
published in the St. Louis Globe-Democrat on the 13th, 20th, and
27th days of March, 1963; and
(5) By Ordinance No. 950, adopted on the 25th day of
April, 1963, did confirm a contract with Fred M. Luth and Sons,
Inc., as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 4th
day of April, 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 April, 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 Thirty-six Thousand
Two Hundred Sixty and 96/100 Dollars ($36,260.96), which sum is
the total of the following two components, to wit:
(1) An advancement from the funds of The Metropolitan
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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 Five Thousand Seven Hundred Sixty-nine
and 17/100 Dollars ($5,769.17), which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of Thirty Thousand Four
Hundred Ninety-one and 79/100 Dollars ($30,491.79);
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
Thirty-six Thousand Two Hundred Sixty and 96/100 Dollars
($36,260.96) are hereby levied on all land whether public or
private, but exclusive of public streets, roads and alleys and the
area described in said Ordinance No. 941 in Subdistrict No. 184
(General Grant Lateral) of The Metropolitan St. Louis Sewer
District, as bounded in said Ordinance No. 702 as amended by said
Ordinance No. 855. 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
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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 Five Thousand Seven Hundred Sixty-
nine and 17/100 Dollars ($5,769.17) heretofore advanced from the
funds of The Metropolitan St. Louis Sewer District as a charge
against the said Subdistrict No. 184 (General Grant Lateral).
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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.