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O R D I N A N C E NO. 1122
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 171 (West End Park North)
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. 666, adopted on the 7th day of
December, 1961 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 7th day of November, 1961
at the Wright School, 10601 Clayton Road, St. Louis County,
Missouri, pursuant to notice thereof published in the St. Louis
Globe-Democrat on the 12th day of October, 1961, 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. 171 (West End Park North) of The
Metropolitan St. Louis Sewer District and by Ordinance No. 994,
adopted on the 10th day of July, 1963, did amend said Ordinance
No. 666 and revise the boundaries of said Subdistrict; and
(2) By Resolution No. 542, 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. 171 (West End Park North) 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. 171; and
(3) Did cause to be duly called and held a public
hearing at the Wright School, 10601 Clayton Road, St. Louis
County, Missouri, at the hour of 8:00 o'clock p.m. on the 18th day
of July, 1962, at which public hearing all persons interested in
such improvement were given an opportunity to be heard; and
(4) By Resolution No. 557, 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
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to the provisions of said Resolution No. 542; and pursuant to said
direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the
10th day of July, 1963, and proper notice to contractors for bids
was published in the St. Louis Post-Dispatch on the 29th day of
August and the 5th and 12th days of September, 1963; and
(5) By Ordinance No. 1040, adopted on the 4th day of
October, 1963, did confirm a contract with Fred M. Luth & Sons,
Inc., as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 20th
day of September, 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 30th day of September, 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 One Hundred One
Thousand Six Hundred Forty-seven and 72/100 ($101,647.72), 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 Thirteen Thousand Five Hundred Two and
24/100 Dollars ($13,502.24), which sum is properly recoverable
from the contractor, and
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(2) Contract items in the sum of Eighty-eight Thousand
One Hundred Forty-five and 48/100 dollars ($88,145.48);
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 One Thousand Six Hundred Forty-seven and 72/100
Dollars ($101,647.72) are hereby levied on all land whether public
or private but exclusive of public streets, roads and alleys, in
Subdistrict No. 171 (West End Park North) of The Metropolitan St.
Louis Sever District, as bounded in said Ordinance No. 666 as
amended. 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
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
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Ordinance No. 849 effective November 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 Thirteen Thousand Five Hundred Two
and 24/100 Dollars ($13,502.24) heretofore advanced from the funds
of The Metropolitan St. Louis Sewer District as a charge against
the said Subdistrict No. 171 (West End Park North).
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.
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The foregoing Ordinance was adopted March 12, 1964.