HomeMy Public PortalAbout01368 O R D I N A N C E NO. 1368
AN ORDINANCE levying special benefit assessments against
all of the land benefited by the construction of sewers within the
boundaries of Subdistrict No. 244 (Fordshire 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. 1228, adopted on the 12th day of
November, 1964 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 19th day of October, 1964
at the Hazelwood City Hall, 9150 Pershall Road, St. Louis
County, Missouri, pursuant to notice thereof published in the St.
Louis Post-Dispatch on the 23rd day of September, 1964, 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. 244 (Fordshire Lane) of The
Metropolitan St. Louis Sewer District; and
(2) By Resolution No. 762, adopted on the 20th day of
January, 1965, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 244 (Fordshire 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.
244; and
(3) Did cause to be duly called and held a public hearing
at the Hazelwood City Hall, 9150 Pershall Road, St. Louis County,
Missouri, at the hour of 8:00 o'clock p.m. on the 9th day of
February, 1965, at which public hearing all persons interested in
such improvement were given an opportunity to be heard; and
(4) By Resolution No. 769, adopted on the 25th day of
February, 1965, 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. 762; and
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pursuant to said direction, plans and specifications for the
improvement were prepared and the Board of Trustees did approve the
same on the 25th day of February, 1965, and proper notice to
contractors for bids was published in the St. Louis Globe-Democrat
on the 4th, 11th, and 18th days of March, 1965; and
(5) By Ordinance No. 1310, adopted on the 8th day of
April, 1965, did confirm a contract with Richard E. Harder Con-
tracting Co., as the lowest responsible bidder, pursuant to bids
for construction of such improvement received and opened on the
26th day of March, 1965, 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 April, 1965; 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 Nineteen Thousand Three
Hundred Fifty-three and 85/100 Dollars ($19,353.85), 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 Three Thousand Two Hundred Thirty-nine
and 81/100 Dollars ($3,239.81) which sum is properly recoverable
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from the contractor, and
(2) Contract items in the sum of Sixteen Thousand One
Hundred Fourteen and 04/100 Dollars ($16,114.04);
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
Nineteen Thousand Three Hundred Fifty-three and 85/100 Dollars
($19,353.85) are hereby levied on all land whether public or
private but exclusive of streets, roads and alleys, in Subdistrict
No. 244 (Fordshire Lane) of The Metropolitan St. Louis Sewer Dis-
trict, as bounded in said Ordinance No. 1228. 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
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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 Secre-
tary-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 Three Thousand Two Hundred Thirty-nine and
81/100 Dollars ($3,239.81) heretofore advanced from the funds of
The Metropolitan St. Louis Sewer District as a charge against the
said Subdistrict No. 244 (Fordshire 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
within the meaning of the Plan and this Ordinance shall be in full
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force and effect from and after its passage.
The foregoing Ordinance was adopted July 29, 1965.