HomeMy Public PortalAbout01197 O R D I N A N C E NO. 1197
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 189 (Maple Lane) 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. 711, adopted on the 5th day of
March, 1962, not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 7th day of February, 1962
at the Lindbergh High School, 4900 South Lindbergh Road, St. Louis
County, Missouri, pursuant to notice thereof published in the St.
Louis Post-Dispatch on the 15th day of January, 1962, at which
public hearing all persons interested were given an opportunity to
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be heard, did establish and prescribe the boundaries of a
subdistrict designated Subdistrict No. 189 (Maple Lane) of The
Metropolitan St. Louis Sewer District and by Ordinance No. 1136
adopted on the 2nd day of April, 1964, did amend said Ordinance
No. 711 to revise the boundaries of said Subdistrict; and
(2) By Resolution No. 642, adopted on the 7th day of
June, 1963, did declare the necessity of an improvement consisting
of the construction of lateral sanitary sewers in an area
designated Subdistrict NO. 189 (Maple Lane) 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.
189; and
(3) Did cause to be duly called and held a public
hearing at the Lindbergh Junior High School, 4900 South Lindbergh
Road, St. Louis County, Missouri, at the hour of 8:00 o'clock p.m.
on the 27th 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. 661, adopted on the 10th day of
July, 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
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to the provisions of said Resolution No. 642; and pursuant to said
direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the
19th day of December, 1963, and proper notice to contractors for
bids was published in the St. Louis Post-Dispatch on the 16th,
23rd, and 30th days of January, 1964; and
(5) By Ordinance No. 1117, adopted on the 20th day of
February, 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 7th
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 14th day of February, 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 Sixty-one Thousand One
Hundred Seventy-six and 59/100 Dollars ($61,176.59), 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 contract, and other costs of
supervision, in the sum of Nine Thousand Five Hundred Eighty-seven
and 29/100 Dollars ($9,587.29), which sum is properly recoverable
from the contractor, and
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(2) Contract items in the sum of Fifty Thousand Nine
Hundred Fifty-five and 55/100 Dollars ($50,955.55), and
(3) Extra work properly chargeable under the contract in the
sum of Six Hundred Thirty-three and 75/100 Dollars ($633.75);
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
Sixty-one Thousand One Hundred Seventy-six and 59/100 Dollars
($61,176.59) are hereby levied on all land whether public or
private, but exclusive of streets, road and alleys, in Subdistrict
No. 189 (Maple Lane) of The Metropolitan St. Louis Sewer District,
as bounded in said Ordinance No. 711 as amended by said Ordinance
No. 1136. 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, road 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
Direct 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
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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
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 Nine Thousand Five Hundred Eighty-
seven and 29/100 Dollars ($9,587.29) heretofore advanced from the
funds of The Metropolitan St. Louis Sewer District as a charge
against the said Subdistrict No. 189 (Maple Lane).
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 with in the meaning of the Plan and this Ordinance shall
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be in full force and effect from and after its passage. The foregoing Ordinance was adopted August 6, 1964.