HomeMy Public PortalAbout00547 O R D I N A N C E NO. 547
AN ORDINANCE levying special benefit assessments against
all of the land benefited by the construction of sewers within the
boundaries of Subdistrict No. 105 (Lindbergh-Geyer Trunk) 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. 410, adopted on the 16th day of
June, 1960, not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 25th day of May, 1960, at
the Lindbergh Junior High School, 4900 South Lindbergh Boulevard,
St. Louis County, Missouri, pursuant to notice thereof published
in the St. Louis Globe-Democrat on the third day of May, 1960, 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. 105
(Lindbergh-Geyer Trunk) of The Metropolitan St. Louis Sewer
District; and
2. By Resolution No. 327, adopted on the 28th day of
July, 1960, did declare the necessity of an improvement consisting
of the construction of sub-trunk sanitary sewers in an area
designated Subdistrict No. 105.(Lindbergh-Geyer Trunk) 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 public streets, roads and alleys within such
Subdistrict No. 105; and
3. Did cause to be duly called and held a public hearing
at the Lindbergh High School, 4900 South Lindbergh Boulevard, St.
Louis County, Missouri, at the hour of 8:00 o'clock p.m. on the
9th day of August, 1960, at which public hearing all persons
interested in such improvement were given an opportunity to be
heard; and
4. By Resolution No. 333, adopted on the first day
of September, 1960, 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.
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327; and pursuant to said direction, plans and specifications for
the improvement were prepared and the Board of Trustees did
approve the same on the seventh day of October, 1960, and proper
notice to contractors for bids was published in the St. Louis
Post-Dispatch on the 17th, 24th, and 31st days of October, 1960;
and
5. By Ordinance No. 464 adopted on the tenth day of
November, 1960, did confirm a contract with Karsten Plumbing Co.,
as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the eighth
day of November, 1960, 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 tenth day of November, 1960; 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-three Thousand
Five Hundred Thirty-one and 85/100 Dollars ($93,531.85), 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 connection
fees, engineering, inspection, preparation of plans and con-
tracts, and other costs of supervision, in the sum of Thirty
Thousand Five Hundred Eighty-five and 06/100 Dollars
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($30,585.06), which sum is properly recoverable from the
contractor, and
(2) Contract items in the sum of Fifty-four Thousand
Five and 58/100 ($54,005.58), and
(3) Extra work properly chargeable under the contract
in the sum of Eight Thousand Nine Hundred Forty-one and
21/100 Dollars ($8,941.21);
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-three Thousand Five Hundred Thirty-one and 85/100 Dollars
($93,531.85) are hereby levied on all land whether public or
private, but exclusive of public streets, roads and alleys, in
Subdistrict No. 105 (Lindbergh-Geyer Trunk) of The Metropolitan
St. Louis Sewer District, as bounded in said Ordinance No. 410.
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 public 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
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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 said Bills
shall mature at the times and shall bear the rates of interest
prescribed by said Ordinance No. 97.
Section Three. The Executive Director, 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, certify and attest the same in accordance
with said Ordinance No. 97; 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 Thirty
Thousand Five Hundred Eighty-five and 06/100 Dollars ($30,585.06)
heretofore advanced from the funds of The Metropolitan St. Louis
Sewer District as a charge against the said Subdistrict No. 105
(Lindbergh-Geyer Trunk).
Section Four. The completion and acceptance of the
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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 May 4, 1961.