HomeMy Public PortalAbout01352 O R D I N A N C E NO. 1352
AN ORDINANCE levying special benefit assessments against
all of the land benefited by the construction of sewers within the
boundaries of Subdistrict No. 210 (Shiloh and Whitehaven) 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. 898, 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 11th day of
December, 1962 at the Mesnier School, 6930 Weber Road, St. Louis
County, Missouri, pursuant to notice thereof published in the St.
Louis Post-Dispatch on the 19th day of November, 1962, at which
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public hearing all persons interested were given an opportunity to
be heard, did establish and prescribe the boundaries of a
subdistrict designated Subdistrict No. 210 (Shiloh and Whitehaven)
of The Metropolitan St. Louis Sewer District, and did prescribe
revised boundaries of such Subdistrict by amending said Ordinance
No. 898 by Ordinance No. 1222 adopted on the 12th day of October,
1964, and Ordinance No. 1282 adopted on the 25th day of February,
1965; and
(2) By Resolution No. 717, adopted on the 10th day of
June, 1964, did declare the necessity of an improvement consisting
of the construction of lateral sanitary sewers in an area
designated Subdistrict No. 210 (Shiloh and Whitehaven) 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.
210; and
(3) Did cause to be duly called and held a public hearing
at Gaunt High School, 8520 Mackenzie Road, St. Louis County,
Missouri, at the hour of 8:00 o'clock p.m. on the 7th day of July,
1964, at which public hearing all persons interested in such
improvement were given an opportunity to be heard; and
(4) By Resolution No. 731, adopted on the 23rd day of
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July, 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. 717; and pursuant to said
direction, plans and specifications for the improvement were pre-
pared and the Board of Trustees did approve the same on the 10th
day of September, 1964, and proper notice to contractors for bids
was published in the St. Louis Post-Dispatch on the 16th, 23rd, and
30th days of November, 1964; and
(5) By Ordinance No. 1259, adopted on the 20th day of
January, 1965, 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 8th
day of December, 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 16th day of December, 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 of Fifty-four Thousand Six
Hundred Thirty-two and 91/100 Dollars ($54,632.91), which sum is
the total of the following two components, to wit:
(1) An advancement from the funds of The Metropolitan St.
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Louis Sewer District to cover the expense of engineering,
inspection, preparation of plans and contracts, and other costs of
supervision, in the sum of Eight Thousand Two Hundred Fifty-one and
65/100 Dollars ($8,251.65) which sum is properly recoverable from
the contractor, and
(2) Contract items in the sum of Forty-six Thousand Three
Hundred Eighty-one and 26/100 Dollars ($46,381.26);
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
Fifty-four Thousand Six Hundred Thirty-two and 91/100 Dollars
($54,632.91) are hereby levied on all land whether public or
private but exclusive of streets, roads and alleys, in Subdistrict
No. 210 (Shiloh and Whitehaven) of The Metropolitan St. Louis Sewer
District, as bounded in said Ordinance No. 898 as amended by said
Ordinance Nos. 1222 and 1282. 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
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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. 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 Eight Thousand Two Hundred Fifty-one and
65/100 Dollars ($8,251.65) heretofore advanced from the funds of
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The Metropolitan St. Louis Sewer District as a charge against the
said Subdistrict No. 210 (Shiloh and Whitehaven).
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.
The foregoing Ordinance was adopted June 29, 1965.