HomeMy Public PortalAbout00639 O R D I N A N C E NO. 639
AN ORDINANCE levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 99 (Chambers Park North)
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. 368, adopted on the 11th day of
February, 1960 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 20th day of January, 1960
at the Moline Elementary School, 1860 Chambers Road, St. Louis
County, Missouri, pursuant to notice thereof published in the St.
Louis Post-Dispatch on the 28th day of December, 1960, at which
public hearing all persons interested were given an opportunity to
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be heard, did establish and prescribe the boundaries of a
subdistrict designated Subdistrict No. 99 (Chambers Park North) of
The Metropolitan St. Louis Sewer District; and
(2) By Resolution No. 306, adopted on the 16th day of
June, 1960, did declare the necessity of an improvement con-
sisting of the construction of lateral sanitary sewers in an area
designated Subdistrict No. 99 (Chambers Park North) 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. 99; and
(3) Did cause to be duly called and held a public
hearing at Moline Elementary School, 1860 Chambers Road, St.
Louis County, Missouri, at the hour of 8:00 P.M. on the 11th day
of July, 1960, at which public hearing all persons interested in
such improvement were given an opportunity to be heard; and
(4) By Resolution No. 321, adopted on the 28th day of
July, 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. 306; and pursuant to said
direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the
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23rd day of March, 1961, and proper notice to contractors for bids
was published in the St. Louis Globe-Democrat on the 6th, 13th,
and 20th days of April, 1961; and
(5) By Ordinance No. 549 adopted on the 4th day of May,
1961, did confirm a contract with Nash Contracting Company, as the
lowest responsible bidder, pursuant to bids for construction of
such improvement received and opened on the 28th day of April,
1961, 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 4th day of May,
1961; 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 One Hundred Eighteen
Thousand Seven Hundred Thirty-three and 23/100 Dollars
($118,733.23), which sum is the amount 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 Thirty-six Thousand Six Hundred Eight
and 20/100 Dollars ($36,608.20), which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of Sixty-eight Thousand
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Eight Hundred Eighty-one and 53/100 Dollars ($68,881.53), and
(3) Extra work properly chargeable under the contract
in the sum of Thirteen Thousand Two Hundred Forty-three and 50/100
Dollars ($13,243.50);
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
One Hundred Eighteen Thousand Seven Hundred Thirty-three and
23/100 Dollars ($118,733.23) are hereby levied on all land whether
public or private, but exclusive of public streets, roads and
alleys, in Subdistrict No. 99 (Chambers Park North) of The
Metropolitan St. Louis Sewer District, as bounded in said
Ordinance No. 368. 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
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 said Bills
shall mature at the times and shall bear the rate 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-six Thousand
Six Hundred Eight and 20/100 Dollars ($36,608.20) heretofore
advanced from the funds of The Metropolitan St. Louis Sewer
District as a charge against the said Subdistrict No. 99 (Chambers
Park North) .
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
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be in full force and effect from and after its passage.
The foregoing Ordinance was adopted October 19, 1961.