HomeMy Public PortalAbout01099 O R D I N A N C E NO. 1099
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 125 (Demerville) 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. 519, adopted on the 23rd day of
March, 1961 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 20th day of February,
1961 at the Forder School, 623 West Ripa Avenue, St. Louis County,
Missouri, pursuant to notice thereof published in the St. Louis
Globe-Democrat on the 23rd day of January, 1961, at which public
hearing all persons interested were given an opportunity to be
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heard, did establish and prescribe the boundaries of a subdistrict
designated Subdistrict No. 125 (Demerville) of The Metropolitan
St. Louis Sewer District, and did amend said Ordinance No. 519 and
thereby reduce the area of said Subdistrict by adoption of
Ordinance No. 963 on the first day of May, 1963; and
(2) By Resolution No. 412, 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. 125 (Demerville) 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. 125; and
(3) Did cause to be duly called and held a public
hearing at the Forder School, 623 West Ripa Avenue, St. Louis
County, Missouri, at the hour of 8:00 p.m. on the 20th 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. 434, adopted on the 31st day of
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. 412; and pursuant to said
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direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the
20th day of July, 1962, and proper notice to contractors for bids
was published in the St. Louis Post-Dispatch on the 23rd and 30th
days of October and the 6th day of November, 1962; and
(5) By Ordinance No. 874, adopted on the 27th day of
November, 1962, did confirm a contract with E.J. Fischer, as the
lowest responsible bidder, pursuant to bids for construction of
such improvement received and opened on the 14th 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 23rd 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 Twenty-six
Thousand Nine Hundred Thirty and 92/100 Dollars ($126,930.92),
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 Twenty-three Thousand Five Hundred Nine
and 42/100 Dollars ($23,509.42), which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of Ninety-nine Thousand
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Nine Hundred Thirty-five and 90/100 Dollars ($99,935.90), and
(3) Extra work properly chargeable under the contract
in the sum of Three Thousand Four Hundred Eighty-five and 60/100
Dollars ($3,485.60); 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 Twenty-six Thousand Nine Hundred Thirty and 92/100
Dollars ($126,930.92) are hereby levied on all land whether public
or private but exclusive of public streets, roads and alleys, in
Subdistrict No. 125 (Demerville) of The Metropolitan St. Louis
Sewer District, as bounded in said Ordinance No. 519 as amended by
said Ordinance No. 963. 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
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
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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
SecretaryTreasurer 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 Twenty-three Thousand Five Hundred Nine and
42/100 Dollars ($23,509.42) heretofore advanced from the funds of
The Metropolitan St. Louis Sewer District as a charge against the
said Subdistrict No. 125 (Demerville).
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 December 19, 1963.