HomeMy Public PortalAbout01307 O R D I N A N C E NO. 1307
AN ORDINANCE levying special benefit assessments
against all of the lane benefited by the construction of sewers
within the boundaries of Subdistrict of No. 153 (Frost Avenue) of
The Metropolitan St. Louis Sewer District; direction 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. 601, adopted on the 31st day of
August, 1961 not less than three weeks after a public hearing
thereon held at 8:00 p.m. on the 19th day of July, 1961 at the
Frostfield Elementary School, 8300 Frost Avenue, St. Louis County,
Missouri, pursuant to notice thereof published in the St. Louis
Post-Dispatch on the 26th day of June, 1961, at which pubic
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. 153 (Frost Avenue) of The Metropolitan
St. Louis Sewer District and by Ordinance No. 1292 adopted on the
11th day of March, 1965, did amend said Ordinance No. 601 and did
thereby revise the boundaries of Subdistrict No. 153 (Frost
Avenue); and
(2) By Resolution No. 486, adopted on the 19th day of
February, 1962, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 153 (Frost Avenue) 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. 153; and
(3) Did cause to be duly called and held a public
hearing at the Frostfield Elementary School, 8300 Frost Avenue,
St. Louis County, Missouri, at the hour of 8:00 p.m. on the 20th
day of March, 1962, at which public hearing all persons interested
in such improvement were given an opportunity to be heard; and
(4) By Resolution No. 506, adopted on the 8th day of
November, 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
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improvement according to the provisions of said Resolution No.
486; and pursuant to said direction, plans and specifications for
the improvement were prepared and the Board of Trustees did
approve the same on the 24th day of June, 1964, and proper notice
to contractors for bids was published in the St. Louis Post-
Dispatch on the 13th, 20th, and 27th days of July, 1964; and
(5) By Ordinance No. 1201, adopted on the 6th day of
August, 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 4th day of August, 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 5th day of August, 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 Eighty-five Thousand
Five Hundred Ninety-nine and 21/100 Dollars ($85,599.21), 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 Thirty Thousand Two Hundred Seventy-
three and 62/100 Dollars ($30,273.62) which sum is properly
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recoverable from the contractor, and
(2) Contract items in the sum of Fifty-one Thousand
Eight Hundred Eighty-nine and no/100 Dollars ($51,889.00), and
(3) Extra work properly chargeable under the contract
in the sum of Three Thousand Four Hundred Thirty-six and 59/100 /
Dollars ($3,436.59);
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
Eighty-five Thousand Five Hundred Ninety-nine and 21/100 Dollars
($85,599.21) are hereby levied on all land whether public or
private but exclusive of streets, roads and alleys, in the sum of
Eighty-five Thousand Five Hundred Ninety-nine and 21/100 Dollars
($85,599.21) are hereby levied on all land whether public or
private but executive of streets, roads and alleys, in Subdistrict
No. 153 (Frost Avenue) of The Metropolitan St. Louis Sewer
District, as bounded in said Ordinance No. 601 as amended by said
Ordinance No. 1292. Said levy in 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
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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. 879 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 Thirty Thousand Two Hundred Seventy-
three and 62/100 Dollars ($30,273.62) heretofore advance from the
funds of The Metropolitan St. Louis Sewer District as a charge
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against the said Subdistrict No. 153 (Frost Avenue).
Section Four The completion and acceptance of the said
improvement and the immediate need for the issuance and delivery
of said Special Tax Bills on 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.
The foregoing Ordinance was adopted April 8, 1965.