HomeMy Public PortalAbout02642 O R D I N A N C E NO. 2642
AN ORDINANCE levying special benefit assessments
against all of the land benefitted by the construction of sewers
within the boundaries of Subdistrict No. 394 (Mason & Glen) 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. 2466, adopted on the 27th day of
August, 1973 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 18th day of July, 1973 at
the Webster Groves City Hall, 4 East Lockwood Avenue, St. Louis
County, Missouri, pursuant to notice thereof published in the St.
Louis Globe-Democrat on the 20th day of June, 1973, 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. 394 (Mason & Glen) of The
Metropolitan St. Louis Sewer District; and
(2) By Resolution No. 1367, adopted on the 26th day of
September, 1973, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 394 (Mason & Glen) 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 benefitted by such construction, whether public or
private, exclusive of streets, roads and alleys within such
Subdistrict No. 394; and
(3) Did cause to be duly called and held a public
hearing at the Webster Groves City Hall, 4 East Lockwood Avenue,
St. Louis County, Missouri, at the hour of 8:00 o'clock p.m. on
the 17th day of October, 1973, at which public hearing all persons
interested in such improvement were given an opportunity to be
heard; and
(4) By Resolution No. 1372, adopted on the 31st day of
October, 1973, 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.
1367; and pursuant to said direction, plans and specifications for
the improvement were prepared and the Board of Trustees did
approve the same on the 13th day of March, 1974, and proper notice
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to contractors for bids was published in the St. Louis
Post-Dispatch on the 25th day of March and the 1st and 8th days of
April, 1974; and
(5) By Ordinance No. 2593, adopted on the 22nd day of
May, 1974, 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 16th
day of April, 1974, 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 22nd day of April, 1974; 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 Twenty-three Thousand
One Hundred Twenty-seven and 79/100 Dollars ($23,127.79), 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 Five Hundred Fifty-three and 53/100
Dollars ($553.53) which sum is properly recoverable from the
contractor, and
(2) Contract items in the sum of Twenty-two Thousand
Five Hundred Seventy-four and 26/100 Dollars ($22,574.26), and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES
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OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section One. Special benefit assessments in the sum
of Twenty-three Thousand One Hundred Twenty-seven and 79/100
Dollars ($23,127.79) are hereby levied on all land whether public
or private but exclusive of streets, roads and alleys, in
Subdistrict No. 394 (Mason & Glen) of The Metropolitan St. Louis
Sewer District, as bounded in said Ordinance No. 2466. Said levy
is for the entire cost of construction of said improvement to
serve said benefitted area and said sum shall be levied ratably by
area upon the lots or parcels of ground within said benefitted
area, whether public or private, in the proportion that the area
each such lot or parcel of ground bears to the said entire
benefitted 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
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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 Hundred Fifty-three and 53/100
Dollars ($553.53) heretofore advanced from the funds of The
Metropolitan St. Louis Sewer District as a charge against the said
Subdistrict No. 394 (Mason & Glen).
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 August 14, 1974.