HomeMy Public PortalAbout01970 O R D I N A N C E NO. 1970
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 327 (Fair Acres East) 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. 1817, adopted on the 12th day of
December, 1968 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 14th day of November,
1968 at the Twillman Elementary School, 11831 Bellefontaine Road,
St. Louis County, Missouri, pursuant to notice thereof published
in the St. Louis Globe-Democrat on the 23rd day of October, 1968,
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. 327 (Fair
Acres East) of The Metropolitan St. Louis Sewer District; and
(2) By Resolution No. 1027, adopted on the 8th day of
January, 1969, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 327 (Fair Acres East) 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. 327; and
(3) Did cause to be duly called and held a public
hearing at Twillman Elementary School, 11831 Bellefontaine Road,
St. Louis County, Missouri, at the hour of 8:00 o'clock p.m. on
the 29th day of January, 1969, at which public hearing all persons
interested in such improvement were given an opportunity to be
heard; and
(4) By Resolution No. 1032, adopted on the 6th day of
February, 1969, 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.
1027, and pursuant to said direction, plans and specifications for
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the improvement were prepared and the Board of Trustees did
approve the same on the 6th day of February, 1969, and proper
notice to contractors for bids was published in the St. Louis
Post-Dispatch on the 11th, 18th and 25th days of February, 1969;
and
(5) By Ordinance No. 1860, adopted on the 18th day of
March, 1969, did confirm a contract with Corrigan Company, as the
lowest responsible bidder, pursuant to bids for construction of
such improvement received and opened on the 5th day of March,
1969, 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 17th day of
March, 1969; 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 Ninety-seven Thousand
Eight Hundred Ninety-two and 38/100 Dollars ($97,892.38), 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 Seventeen Thousand Eight Hundred Fifty-
five and 83/100 Dollars ($17,855.83), which sum is properly
recoverable from the contractor, and
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(2) Contract items in the sum of Eighty Thousand
Thirty-six and 55/100 Dollars ($80,036.55),
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
Ninety-seven Thousand Eight Hundred Ninety-two and 38/100 Dollars
($97,892.38) are hereby levied on all land whether public or
private but exclusive of streets, roads and alleys, in Subdistrict
No. 327 (Fair Acres East) of The Metropolitan St. Louis Sewer
District, as bounded in said Ordinance No. 1817. 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
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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 Seventeen Thousand Eight Hundred
Fifty-five and 83/100 Dollars ($17,855.83) heretofore advanced
from the funds of the Metropolitan St. Louis Sewer District as a
charge against the said Subdistrict No. 327 (Fair Acres East).
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 November 12, 1969.