HomeMy Public PortalAbout01322 O R D I N A N C E NO. 1322
AN ORDINANCE, levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 241 (Spoede Road South)
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 Bills, with an emergency
clause.
WHEREAS, Thee 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 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
WHEREAFTER, 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. 1174, adopted on the 24th day of
June, 1964 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 26th day of May, 1964 at
the Spoede School, 425 North Spoede Road, St. Louis County,
Missouri, pursuant to notice thereof published in the St Louis
Globe-Democrat on the 4th day of May, 1964, 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. 241 (Spoede Road South) of The
Metropolitan St. Louis Sewer District; and
(2) By Resolution No. 730, adopted on the 23rd day of
July, 1964, did declare the necessity of an improvement consisting
of the construction of lateral sanitary sewers in an area
designated Subdistrict No. 241 (Spoede Road South) of The
Metropolitan St. Louis Sewer District, and did provide that the
entire cost of such improvement shall he 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 which
Subdistrict No. 241; and
(3) Did cause to he duly called and held a public
hearing at the Spoede School, 425 North Spoede Road, St. Louis
County, Missouri, at the hour of 8:00 o'clock p.m. on the 17th day
of August, 1964, at which public hearing all persons interested in
such improvement were given an opportunity to be heard; and
(4) By Resolution No. 742, adopted on the 10th day of
September, 1964, 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.
730; 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 10th day of September, 1964, and proper
notice to contractors for bids was published in the St Louis
Globe-Democrat on the 28th day of September and the 5th and 12th
days of October, 1964; and
(5) By Ordinance No 1230, adopted on the 12th day of
November, 1964, did confirm a contract with Frank C. Mitchell Co.,
as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 20th
day of October, 1964, which contract 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 2nd day of November, 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 Nine Thousand Three
Hundred Twenty-four and 87/100 Dollars ($9,324.87), 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 One Thousand Twenty-two and 37/100
Dollars ($1,022.370) which sum is properly recoverable from the
contractor, and
(2) Contract items in the sum of Eight Thousand Three
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Hundred Two and 50/100 Dollars ($8,302.50);
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
Nine Thousand Three Hundred Twenty-four and 87/100 Dollars
($9,324.87) are hereby levied on all land whether public or
private but exclusive of streets, roads and alleys, in Subdistrict
No. 241 (Spoede Road South) of The Metropolitan St. Louis Sewer
District, as bounded in said Ordinance No. 1174. 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
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shall mature at the times and shall bear the rate on 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 One Thousand Twenty-two and 37/100
Dollars ($1,022.37) heretofore advanced from the funds of The
Metropolitan St. Louis Sewer District as a charge against the said
Subdistrict No. 241 (Spoede Road South).
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 April 22, 1965