HomeMy Public PortalAbout01186 O R D I N A N C E NO. 1186
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 201 (Avenue "H" and
Birchwood) 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. 773, adopted on the 25th day of
June, 1962 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 31st day of May, 1962 at
the Bayless Elementary School, 4530 Weber Road, St. Louis County,
Missouri, pursuant to notice thereof published in the St. Louis
Globe-Democrat on the 8th day of May, 1962, 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. 201 Avenue "H" and Birchwood of The
Metropolitan St. Louis Sewer District, and by Ordinance No. 1110
adopted on the 30th day of January, 1964, did amend said Ordinance
No. 773 and revise the boundaries of such Subdistrict; and
(2) By Resolution No. 669, 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. 201 (Avenue "H" and Birchwood) 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 Sub-
district No. 201; and
(3) Did cause to be duly called and held a public
hearing at the Bayless Elementary School, 4530 Weber Road, St.
Louis County, Missouri, at the hour of 8:00 o'clock p.m. on the
18th 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. 673, 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
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improvement according to the provisions of said Resolution No.
669; and pursuant to said direction, plans and specifications for
the improvement were prepared and the Board of Trustees did
approve the same on the 30th day of January, 1964, and proper
notice to contractors for bids was published in the St. Louis
Globe-Democrat on the 17th, and 24th days of February and the 2nd
day of March, 1964; and
(5) By Ordinance No. 1134, adopted on the 2nd day of
April, 1964, 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 10th
day of March, 1964, 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 March, 1964; 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-four Thousand
Five Hundred Fifteen and 77/100 Dollars ($34,515.77), 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 Thirty-eight
and 52/100 Dollars ($6,538.52), which sum is properly recoverable
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from the contractor, and
(2) Contract items in the sum of Twenty-seven Thousand
Nine Hundred Seventy-seven and 25/100 Dollars ($27,977.25);
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-four Thousand Five Hundred Fifteen and 77/100 Dollars
($34,515.77) are hereby levied on all land whether public or
private but exclusive of streets, roads and alleys, in Subdistrict
No. 201 (Avenue "H" and Birchwood) of The Metropolitan St. Louis
Sewer District, as bounded in said Ordinance No. 773, as amended
by said Ordinance No. 1110. 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
Bill form of The Metropolitan St. Louis Sewer District as provided
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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 Six Thousand Five Hundred Thirty-
eight and 52/100 Dollars ($6,538.52) heretofore advanced from the
funds of The Metropolitan St. Louis Sewer District as a charge
against the said Subdistrict No. 201 (Avenue "H" and Birchwood).
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 July 23, 1964.