HomeMy Public PortalAbout01703 O R D I N A N C E NO. 1703
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 296 (Avenue H and Runyon)
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. 1574, adopted on the 5th day of
January, 1967 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 6th day of December, 1966
at the Hancock Place School No. 2, 8808 South Grand Avenue, St.
Louis County, Missouri, pursuant to notice thereof published in
the St. Louis Post-Dispatch on the 10th day of November, 1966, at
which public hearing all persons interested were given an
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opportunity to be heard, did establish and prescribe the
boundaries of a subdistrict designated Subdistrict No. 296 (Avenue
H and Runyon) of The Metropolitan St. Louis Sewer District, and,
by Ordinance No. 1605, adopted on the 20th day of April, 1967, did
amend said Ordinance No. 1574 and did thereby revise the
boundaries of said Subdistrict No. 296 (Avenue H and Runyon); and
(2) By Resolution No. 917, adopted on the 17th day of
February, 1967, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 296 (Avenue H and Runyon) 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. 296; and
(3) Did cause to be duly called and held a public
hearing at the Hancock School No. 2, 8808 South Grand Avenue, St.
Louis County, Missouri, at the hour of 8:00 o'clock p.m. on the
9th day of March, 1987, at which public hearing all persons
interested in such improvement were given an opportunity to be
heard; and
(4) By Resolution No. 926, adopted on the 15th day of
March, 1967, did determine that it is in the public interest that
such improvement be made, and did direct that The Metropolitan St.
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Louis Sewer District proceed with the said improvement according
to the provisions of said Resolution No. 917; and pursuant to said
direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the 4th
day of May, 1967, and proper notice to contractors for bids was
published in the St. Louis Globe-Democrat on the 9th, 16th, and
23rd days of August, 1967; and
(5) By Ordinance No. 1658, adopted on the 21st day of
September, 1967, did confirm a contract with Fred M. Luth & Sons,
Inc., as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 31st
day of August, 1967, 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 September, 1967; 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 Thirty-seven Thousand
Thirty-two and 01/100 Dollars ($37,032.01), 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 Five Thousand Six Hundred Fifty-seven
and 35/100 Dollars ($5,657.35) which sum is properly recoverable
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from the contractor, and
(2) Contract items in the sum of Thirty Thousand Four
Hundred Forty-nine and 66/100 Dollars ($30,449.66), and
(3) Extra work properly chargeable under the contract in the
sum of Nine Hundred Twenty-five Dollars ($925.00);
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
Thirty-seven Thousand Thirty-two and 01/100 Dollars ($37,032.01)
are hereby levied on all land whether public or private but
exclusive of streets, roads and alleys, in Subdistrict No. 296
(Avenue H and Runyon) of The Metropolitan St. Louis Sewer
District, as bounded in said Ordinance No. 1574 as amended by said
Ordinance No. 1605. 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
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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 Five Thousand Six Hundred Fifty--
seven and 35/100 Dollars ($5,657.35) heretofore advanced from the
funds of The Metropolitan St. Louis Sewer District as a charge
against the said Subdistrict No. 296 (Avenue H and Runyon).
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.
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The foregoing Ordinance was adopted December 20, 1967.