HomeMy Public PortalAbout01518 O R D I N A N C E NO. 1518
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 256 (Dillon Drive South)
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. 1406, adopted on the 4th day of
November, 1965 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 27th day of September,
1965 at the Mehlville Junior High School, 3100 Lemay Ferry Road,
St. Louis County, Missouri, pursuant to notice thereof published
in the St. Louis Post Dispatch on the 3rd day of September, 1965,
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. 256 (Dillon
Drive South) of The Metropolitan St. Louis Sewer District; and
(2) By Resolution No. 840, adopted on the 13th day of
January, 1966, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 256 (Dillon Drive South) 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. 256; and
(3) Did cause to be duly called and held a public
hearing at the St. John School, 3701 Will Avenue, St. Louis
County, Missouri, at the hour of 8:00 o'clock p.m. on the 7th day
of February, 1966, at which public hearing all persons interested
in such improvement were given an opportunity to be heard; and
(4) By Resolution No. 857, adopted on the 10th day of
March, 1966, 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. 840; 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 March, 1966, and proper notice to contractors for bids
was published in the St. Louis Globe-Democrat on the 17th, 24th,
and 31st days of March, 1966; and -2-
(5) By Ordinance No. 1476, adopted on the 21st day of
April, 1966, did confirm a contract with E. F. Merkel Construction
Co., Inc., as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 8th
day of April, 1966, 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 18th day of April, 1966; 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 Eleven Thousand One
Hundred Dollars ($11,100.00), 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
supervision, in the sum of Ninety-one and 67/100 Dollars ($91.67)
which sum is properly recoverable from the contractor, and
(2) Contract items in the sum of Seven Thousand Five
Hundred Twenty-two and 33/100 Dollars ($7,522.33), and
(3) Extra work properly chargeable under the contract
in the sum of Three Thousand Four Hundred Eighty-six Dollars
($3,486.00);
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES
OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: -3-
Section One. Special benefit assessments in the sum of
Eleven Thousand One Hundred Dollars ($11,100.00) are hereby levied
on all land whether public or private but exclusive of streets,
roads and alleys, in Subdistrict No. 256 (Dillon Drive South) of
The Metropolitan St. Louis Sewer District, as bounded in said
Ordinance No. 1406. 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
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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 Ninety-one and 67/100 Dollars
($91.67) heretofore advanced from the funds of The Metropolitan
St. Louis Sewer District as a charge against the said Subdistrict
No. 256 (Dillon Drive South).
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 4, 1966.
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