HomeMy Public PortalAbout01379 O R D I N A N C E NO. 1379
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 237 (Malcolm Terrace) 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. 1133, adopted on the 2nd day of
April, 1964 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 11th day of March,
1964, at the Weber Elementary School, 1/2 mile south of Olive
Street Road on Ballas Road, St. Louis County, Missouri, pursuant
to notice thereof published in the St. Louis Globe Democrat on the
18th day of February, 1964, at which public hearing all persons
interested were given an opportunity to be heard, did establish
and prescribe the boundaries of a subdistrict designated
Subdistrict No. 237 (Malcolm Terrace) of The Metropolitan St.
Louis Sewer District; and
(2) By Resolution No. 711, adopted on the 23rd day of
April, 1964, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 237 (Malcolm Terrace) 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. 237; and
(3) Did cause to be duly called and held a public
hearing at the Weber School, 1/2 mile south of Olive Street Road
on Ballas Road, St. Louis County, Missouri, at the hour of 8:00
o'clock p.m. on the 13th day of May, 1964, at which public hearing
all persons interested in such improvement were given an oppor-
tunity to be heard; and
(4) By Resolution No. 720, adopted on the 10th day of
June, 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. 711; 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 June, 1964, and proper notice to contractors for bids
was published in the St. Louis Post-Dispatch on the 9th, 16th, and
23rd days of February, 1965; and
(5) By Ordinance No. 1294, adopted on the 11th day of
March, 1965, did confirm a contract with Shamrock Engineering
Inc., as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 3rd
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 10th day of March, 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 Eighteen Thousand
One Hundred One and 26/100 Dollars ($18,101.26), 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 Two Thousand Nine Hundred Twenty-nine
and 34/100 Dollars ($2,929.34) which sum is properly recoverable
from the contractor, and
Contract items in the sum of Fifteen Thousand One
Hundred Seventy-one and 92/100 Dollars ($15,171.92);
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
Eighteen Thousand One Hundred One and 26/100 Dollars ($18,101.26
are hereby levied on all land whether public or private but ex-
clusive of streets, roads and alleys, in Subdistrict No. 237
(Malcolm Terrace) of The Metropolitan St. Louis Sewer District, as
bounded in said Ordinance No. 1133. 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 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 Two Thousand Nine Hundred Twenty-
nine and 34/100 Dollars ($2,929.34) heretofore advanced from the
funds of The Metropolitan St. Louis Sewer District as a charge
against the said Subdistrict No. 237 (Malcolm Terrace)
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 August 26, 1965.