HomeMy Public PortalAbout01188 O R D I N A N C E NO. 1188
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 214 (Old Ballas Subtrunk)
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. 902, adopted on the 7th day of
January, 1963, not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 12th day of December,
1962 at the Weber School, Ballas Road 1/2 mile South of Olive
Street Road, St. Louis County, Missouri, pursuant to notice
thereof published in the St. Louis Globe-Democrat on the 20th day
of November, 1962, at which public hearing all persons interested
2
were given an opportunity to be heard, did establish and prescribe
the boundaries of a subdistrict designated Subdistrict No. 214
(Old Ballas Subtrunk) of The Metropolitan St. Louis Sewer
District; and
(2) By Resolution No. 637, adopted on the 13th day of
May, 1963, did declare the necessity of an improvement consisting
of the construction of sub-trunk sanitary sewers in an area
designated Subdistrict No. 214 (Old Ballas Subtrunk) 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
Subdistrict No. 214; and
(3) Did cause to be duly called and held a public
hearing at the Weber School, Ballas Road 1/2 mile South of Olive
Street Road, St. Louis County, Missouri, at the hour of 8:00
o'clock p.m. on the 10th day of June, 1963, at which public
hearing all persons interested in such improvement were given an
opportunity to be heard; and
(4) By Resolution No. 648, adopted on the 20th day of
June, 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. 637; and pursuant to said
3
direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the 4th
day of October, 1963, and proper notice to contractors for bids
was published in the St. Louis Post-Dispatch on the 6th, 13th, and
20th days of February, 1964; and
(5) By Ordinance No. 1124, adopted on the 12th day of
March, 1964, did confirm a contract with Richard E. Harder
Contracting Co., as the lowest responsible bidder, pursuant to
bids for construction of such improvement received and opened on
the 28th day of February, 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 10th 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 Twenty Thousand
Seventy-three and 63/100 Dollars ($20,073.63), which sum is the
total of the following two components, to wit:
(1) An advance 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 Four Thousand One Hundred Seventy-nine
and 77/100 Dollars ($4,179.77), which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of Fifteen Thousand Eight
4
Hundred Ninety-three and 86/100 Dollars ($15,893.86);
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
Twenty Thousand Seventy-three and 63/100 Dollars ($20,073.63) are
hereby levied on all land whether public or private but exclusive
of streets, roads and alleys, in Subdistrict No. 214 (Old Ballas
Subtrunk) of The Metropolitan St. Louis Sewer District, as bounded
in said Ordinance No. 902. 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
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
5
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 Four Thousand One Hundred Seventy-
nine and 77/100 Dollars ($4,179.77) heretofore advanced from the
funds of The Metropolitan St. Louis Sewer District as a charge
against the said Subdistrict No. 214 (Old Ballas Subtrunk).
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.
6
The foregoing Ordinance was adopted July 23, 1964.