HomeMy Public PortalAbout01543 O R D I N A N C E NO. 1543
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 130 (North Hills
Homesites Lateral) 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. 528, adopted on the 6th day of
April, 1961 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 14th day of March, 1961
at the Bermuda School, 5835 Bermuda Avenue, St. Louis County,
Missouri, pursuant to notice thereof published in the St. Louis
Globe-Democrat on the 20th day of February, 1961, at which public
hearing all persons interested were given an opportunity to be
2
heard, did establish and prescribe the boundaries of a subdistrict
designated Subdistrict No. 130 (North Hills Homesites Lateral) of
The Metropolitan St. Louis Sewer District; and
(2) By Resolution No. 750, adopted on the 12th day of
November, 1964, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 130 (North Hills Homesites
Lateral) 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. 130; and
(3) Did cause to be duly called and held a public
hearing at the Bermuda School, 5835 Bermuda Drive, St. Louis
County, Missouri, at the hour of 8:00 o'clock p.m. on the 2nd day
of December, 1964, at which public hearing all persons interested
in such improvement were given an opportunity to be heard; and
(4) By Resolution No. 752, adopted on the 10th day of
December, 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.
750; and pursuant to said direction, plans and specifications for
the improvement were prepared and the Board of Trustees did
3
approve the same on the 4th day of November, 1965, and proper
notice to contractors for bids was published in the St. Louis
Globe-Democrat on the 15th, 22nd, and 29th days of November, 1965;
and
(5) By Ordinance No. 1459, adopted on the 31st day of
January, 1966, did confirm a contract with E.J. Fischer, as the
lowest responsible bidder, pursuant to bids for construction of
such improvement received and opened on the 7th day of December,
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 20th day of
December, 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 Two Hundred Twelve
Thousand Nine Hundred Eleven and 88/100 Dollars ($212,911.88),
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 Forty-four Thousand Eight Hundred
Sixty-five and 18/100 Dollars ($44,865.18) which sum is properly
recoverable from the contractor, and
(2) Contract items in the sum of One Hundred Sixty-
three Thousand Nine Hundred Forty-three and 70/100 Dollars
4
($163,943.70), and
(3) Extra work properly chargeable under the contract
in the sum of Four Thousand One Hundred Three and no/100 Dollars
($4,103.00),
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
Two Hundred Twelve Thousand Nine Hundred Eleven and 88/100 Dollars
($212,911.88) are hereby levied on all land whether public or
private but exclusive of streets, roads and alleys, in Subdistrict
No. 130 (North Hills Homesites Lateral) of The Metropolitan St.
Louis Sewer District, as bounded in said Ordinance No. 528. 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
5
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-four Thousand Eight Hundred
Sixty-five and 18/100 Dollars ($44,865.18) heretofore advanced
from the funds of The Metropolitan St. Louis Sewer District as a
charge against the said Subdistrict No. 130 (North Hills Homesites
Lateral).
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.
6
The foregoing Ordinance was adopted October 17, 1966.