HomeMy Public PortalAbout01365 O R D I N A N C E NO. 1365
AN ORDINANCE levying special benefit assessments against
all of the land benefited by the construction of sewers within the
boundaries of Subdistrict No. 180 (Vassier Avenue) 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. 698, adopted on the 19th day of
February, 1962 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 3rd day of January, 1962
at the Normandy High School, 6701 Easton Avenue, St. Louis County,
Missouri, pursuant to notice thereof published in the St. Louis
Globe-Democrat on the 11th day of December, 1961, at which public
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hearing all persons interested were given an opportunity to be
heard, did establish and prescribe the boundaries of a subdistrict
designated Subdistrict No. 180 (Vassier Avenue) of The Metropolitan
St. Louis Sewer District and did revise said boundaries by
Ordinance No. 1217 adopted on the 12th day of October 1964,
amending said Ordinance No. 698; and
(2) By Resolution No. 700, adopted on the 20th day of
February, 1964, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 180 (Vassier 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.
180; and
(3) Did cause to be duly called and held a public hearing
at the Little Theater at Normandy High School, 6701 Easton Avenue,
St. Louis County, Missouri, at the hour of 8:00 p.m. on the 18th
day of March, 1964, at which public hearing all persons interested
in such improvement were given an opportunity to be heard; and
(4) By Resolution No. 705, adopted on the 2nd day of
April, 1964, did determine that it is in the public interest that
such improvement be made, and did direct that The Metropolitan St.
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Louis Sewer District proceed with the said improvement according to
the provisions of said Resolution No. 700; and pursuant to said
direction, plans and specifications for the improvement were
prepared 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 Globe-Democrat on the 2nd, 9th, and
16th days of November, 1964; and
(5) By Ordinance No. 1245, adopted on the 10th day of
December, 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
24th day of November, 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 2nd 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 to Forty-eight Thousand
Ninety-one and 89/100 Dollars ($48,091.89), 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
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supervision, in the sum of Eight Thousand Five Hundred Twenty and
84/100 Dollars ($8,520.84) which sum is properly recoverable from
the contractor, and
(2) Contract items in the sum of Thirty-nine Thousand
Four Hundred Thirty-three and 85/100 Dollars ($39,433.85), and
(3) Extra work properly chargeable under the contract in
the sum of One Hundred Thirty-seven and 20/100 Dollars ($137.20);
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
Forty-eight Thousand Ninety-one and 89/100 Dollars ($48,091.89) are
hereby levied on all land whether public or private but exclusive
of streets, roads and alleys, in Subdistrict No. 180 (Vassier
Avenue) of The Metropolitan St. Louis Sewer District, as bounded in
said Ordinance No. 698 as amended by said Ordinance No. 1217. 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
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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 Five Hundred Twenty and 84/100
Dollars ($8,520.84) heretofore advanced from the funds of The
Metropolitan St. Louis Sewer District as a charge against the said
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Subdistrict No. 180 (Vassier 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 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 July 29, 1965