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O R D I N A N C E NO. 1069
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 169 (Watson Woods) 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. 651, adopted on the 20th day of
November, 1961 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 18th day of October, 1961
at the Watson School, 9820 East Watson Road, St. Louis County,
Missouri, pursuant to notice thereof published in the St. Louis
Post-Dispatch on the 26th day of September, 1961, at 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. 169 (Watson Woods) of The
Metropolitan St. Louis Sewer District; and
(2) By Resolution No. 623, adopted on the fifth day
of April, 1963, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in
an area designated Subdistrict No. 169 (Watson Woods) of The
Metropolitan St. Louis Sewer District; and did provide that the
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. 169; and
(3) Did cause to be duly called and held a public
hearing at the Watson School, 9820 East Watson Road, St. Louis
County, Missouri, at the hour of 8:00 o'clock p.m. on the 22nd day
of April, 1963, at which public hearing all persons interested in
such improvement were given an opportunity to be heard; and
(4) By Resolution No. 633, adopted on the first day of
May, 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. 623; and plans and
specifications for the improvement were prepared and the Board of
Trustees did approve the same on the first day of May, 1963, and
proper notice to contractors for bids was published in the St.
Louis Post-Dispatch on the 6th, 13th, and 20th days of
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May, 1963; and
(5) By Ordinance No. 978, adopted on the seventh day of
June, 1963, did confirm a contract with Karsten Equipment Company,
as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 28th
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 fifth 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 to be assessed against benefited
land amounts to Thirty-eight Thousand Twenty-two and 94/100
Dollars ($38,022.94), 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 Six Thousand Five Hundred Twenty-two
and 39/100 Dollars ($6,522.39), which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of Thirty-one Thousand
Five Hundred and 55/100 Dollars ($31,500.55);
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES
OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT:
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Section One. Special benefit assessments in the sum of
Thirty-eight Thousand Twenty-two and 94/100 Dollars ($38,022.94)
are hereby levied on all land whether public or private but
exclusive of public streets, roads and alleys, in Subdistrict No.
169 (Watson Woods) of The Metropolitan St. Louis Sewer District,
as bounded in said Ordinance No. 651. Said levy is for the 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.
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
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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 Six Thousand Five Hundred Twenty-two
and 39/100 Dollars ($6,522.39) heretofore advanced from the funds
of The Metropolitan St. Louis Sewer District as a charge against
the said Subdistrict No. 169 (Watson Woods).
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 November 14, 1963.
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