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O R D I N A N C E NO. 1056
AN ORDINANCE, levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 205 (Count and Princess)
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. 787, adopted on the 20th day of
July, 1962, not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 14th day of June, 1962 at
the Thomas Elementary School, 10335 Viscount Drive, St. Louis
County, Missouri, pursuant to notice thereof published in the St.
Louis Globe-Democrat on the 21st day of May, 1962, at which public
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hearing all persons interested were given an opportunity to be
heard, did establish and prescribe the boundaries of a subdistrict
designated Subdistrict No. 205 (Count and Princess) of The Metro-
politan St. Louis Sewer District; and
(2) By Resolution No. 613, adopted on the 7th day of
January, 1963, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 205 (Count and Princess) 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 streets, roads and alleys within such
Subdistrict No. 205; and
(3) Did cause to be duly called and held a public
hearing at the Thomas Elementary School, 10335 Viscount Drive, St.
Louis County, Missouri, at the hour of 8;00 o'clock p.m. on the
30th day of January, 1963, at which public hearing all persons
interested in such improvement were given an opportunity to be
heard; and
(4) By Resolution No. 619, adopted on the 7th day of
February, 1963, 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.
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613; and pursuant to said direction, plans and specifications for
the improvement were prepared and the Board of Trustees did
approve the same on the 13th day of May, 1963, and proper notice
to contractors for bids was published in the St. Louis Post-
Dispatch on the 22nd and 29th days of May and the 5th day of June,
1963; and
(5) By Ordinance No. 987, adopted on the 20th day of
June, 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 13th
day of June, 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 18th day of June, 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-four Thousand
Four Hundred Ninety and 95/100 Dollars ($24,490.95), 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
supervision, in the sum of Five Thousand Seven Hundred Seventy-two
and 84/100 Dollars ($5,772.84), which sum is properly recoverable
from the contractor, and
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(2) Contract items in the sum of Eighteen Thousand
Three Hundred Twenty-two and 60/100 Dollars ($18,322.60), and
(3) Extra work properly chargeable under the contract
in the sum of Three Hundred Ninety-five and 51/100 Dollars
($395.51);
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-four Thousand Four Hundred Ninety and 95/100 Dollars
($24,490.95) are hereby levied on all land whether public or
private but exclusive of public streets, roads and alleys, in
Subdistrict No. 205 (Count and Princess) of The Metropolitan St.
Louis Sewer District, as bounded in said Ordinance No. 787. 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 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
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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 Seventy-
two and 84/100 Dollars ($5,772.84) heretofore advanced from the
funds of The Metropolitan St. Louis Sewer District as a charge
against the said Subdistrict No. 205 (Count and Princess).
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
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force and effect from and after its passage. The foregoing Ordinance was adopted October 4, 1963.