HomeMy Public PortalAbout01419 O R D I N A N C E NO. 1419
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 53 (Grasso 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. 972, adopted on the 7th day of
June, 1963 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 7th day of March, 1963 at
the Bayless Elementary School, 4530 Weber Road, St. Louis County,
Missouri, pursuant to notice thereof published in the St. Louis
Post-Dispatch on the 12th day of February, 1963, 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. 53 (Grasso Lane) of The Metropolitan
St. Louis Sewer District and by Ordinance No. 1022, adopted on the
28th day of August, 1963, did amend said Ordinance No. 972 and
thereby amend the boundaries of said Subdistrict and by Ordinance
No. 1397, adopted on the 5th day of October, 1965, did further
amend said Ordinance No. 972 and thereby clarify the description
of boundaries of said Subdistrict; and
(2) By Resolution No. 658, adopted on the 10th day of
July, 1963, did declare the necessity of an improvement consisting
of the construction of storm sewers in an area designated
Subdistrict No. 53 (Grasso 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.
53; and
(3) Did cause to be duly called and held a public
hearing at the Gaunt High School, 8520 Mackenzie Road, St. Louis
County, Missouri, at the hour of 8:00 o'clock p.m. on the 31st day
of July, 1963, at which public hearing all persons interested in
such improvement were given an opportunity to be heard; and
(4) By Resolution No. 660, adopted on the 7th day of
August, 1963, did determine that it is in the public interest that
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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. 658; 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 Post-Dispatch on the 10th,
17th, and 24th days of November, 1964; and
(5) By Ordinance No. 1250, adopted on the 10th day of
December, 1964, did confirm a contract with Fred M. Luth & Sons,
Inc., as the lowest responsible bidder, pursuant to bids for con-
struction of such improvement received and opened on the 2nd 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 7th day of December, 1964; and
WHEREAS, the construction of said improvement is hereby
accepted upon the Executive Director's determination that said im-
provement has been completed satisfactorily by the contractor and
that the entire cost thereof amounts to Seven Hundred Twenty-three
Thousand Three Hundred Forty-nine and 85/100 Dollars
($723,349.85), 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,
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inspection, preparation of plans and contracts, and other costs of
supervision, in the sum of Forty-seven Thousand Four Hundred
Thirty-five and 09/100 Dollars ($47,435.09) which sum is properly
recoverable from the contractor, and
(2) Contract items in the sum of Six Hundred Fifty-nine
Thousand Eight Hundred Ninety-two and 13/100 Dollars
($659,892.13). and
(3) Extra work properly chargeable under the contract
in the sum of Sixteen Thousand Twenty-two and 63/100 Dollars
($16,022.63);
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
Seven Hundred Twenty-three Thousand Three Hundred Forty-nine and
85/100 Dollars ($723,349.85) are hereby levied on all land whether
public or private but exclusive of streets, roads and alleys, in
Subdistrict No. 53 (Grasso Lane) of The Metropolitan St. Louis
Sewer District, as bounded in said Ordinance No. 972 as amended by
said Ordinance No. 1022 and said Ordinance No. 1397. Said levy is
for the entire cost of construction of said improvement to serve
the 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.
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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 Forty-seven Thousand Four Hundred
Thirty-five and 09/100 Dollars ($47,435.09) heretofore advanced
from the funds of The Metropolitan St. Louis Sewer District as a
charge against the said Subdistrict No. 53 (Grasso Lane).
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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 November 18, 1965.