HomeMy Public PortalAbout01128 O R D I N A N C E NO. 1128
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 161 (Weber-Valcour) 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. 1003, adopted on the 7th day of
August, 1963 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 3rd day of July, 1963 at
the Gaunt High School, 8520 Mackenzie Road, St. Louis County,
Missouri, pursuant to notice thereof published in the St. Louis
Post-Dispatch on the 12th day of June, 1963, 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. 161 (Weber-Valcour) of The Metropolitan
St. Louis Sewer District; and
(2) By Resolution No. 668, adopted on the 28th day of
August, 1963, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 161 (Weber-Valcour) 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 of 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. 161; and
(3) Did cause to be duly called and held a public
hearing at The Mesnier School, 6930 Weber Road, St. Louis County,
Missouri, at the hour of 8:00 o:clock p.m. on the 16th day of
September, 1963, at which public hearing all persons interested in
such improvement were given an opportunity to be heard; and
(4) By Resolution No. 672, adopted on the 4th day of
October, 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.
668; and pursuant to said direction, plans and specifications for
the improvement were prepared and the Board of Trustees did
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approve the same on the 4th day of October, 1963, and proper
notice to contractors for bids was published in the St. Louis
Globe-Democrat on the 8th, 15th, and 22nd days of October, 1963,
and
(5) By Ordinance No. 1073, adopted on the 14th day of
November, 1963, did confirm a contract with Latta Bridge Company,
Inc., as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 30th
day of October, 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 12th day of November, 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
Five Hundred Twenty-seven and 72/100 Dollars ($36,527.72), 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 Four Hundred Eighty-nine
and 92/100 Dollars ($5,489.92), which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of Thirty Thousand Five
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Hundred Thirty-five and 14/100 Dollars ($30,535.14), and
(3) Extra work properly chargeable under the contract
in the sum of Five Hundred Two and 66/100 Dollars ($502.66);
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 Five Hundred Twenty-seven and 72/100 dollars
($36,527.72) are hereby levied on all land whether public or
private, but exclusive of streets, roads and alleys, in
Subdistrict No. 161 (Weber-Valcour) of The Metropolitan St. Louis
Sewer District, as bounded in said Ordinance No. 1003. 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
hereof. Said bills shall be prepared on the standard Special Tax
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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 Four Hundred Eighty-
nine and 92/100 Dollars ($5,489.92) heretofore advanced from the
funds of The Metropolitan St. Louis Sewer District as a charge
against the said Subdistrict No. 161 (Weber-Valcour).
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.