HomeMy Public PortalAbout00697 O R D I N A N C E NO. 697
AN ORDINANCE levying special benefit assessments against
all of the land benefited by the construction of sewers within the
boundaries of Subdistrict No. 100 (Chambers Park South) 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. 369, 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, 1959, 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. 100 (Chambers Park South)
of The Metropolitan St. Louis Sewer District; and
(2) By Resolution No. 307, adopted on the 16th day of
June, 1960, did declare the necessity of an improvement consisting
of the construction of lateral sanitary sewers in an area
designated Subdistrict No. 100 (Chambers Park South) 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. 100; and
(3) Did cause to be duly called and held a public hear-
ing at the Moline Elementary School, 1860 Chambers Road, St. Louis
County, Missouri, at 8:00 o'clock 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. 322, 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. 307; 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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18th day of May, 1961, and proper notice to contractors for bids
was published in the St. Louis Post-Dispatch on the 25th day of
May and the 1st, and 9th days of June, 1961; and
(5) By Ordinance No 582, adopted on the 29th day of
June, 1961, did confirm a contract with L. Kaye Construction Co.,
as the lowest responsible bidder, pursuant to bids for con-
struction of such improvement received and opened on the 16th day
of June, 1961, which contract was formally executed by the Con-
tractor and by the Executive Director and the Secretary-Treasurer
on behalf of The Metropolitan St. Louis Sewer District, on the
29th day of June, 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 Eighty-Three Thousand
Two Hundred Thirty-seven and 84/100 Dollars ($83,237.84), 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 Twenty-five Thousand Forty-five and
80/100 Dollars ($25,045.80), which sum is properly recoverable
from the contractor, and
(2) Contract items in the sum of Fifty-four Thousand
Three Hundred Sixty-seven and 24/100 Dollars ($54,367.24), and
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(3) Extra work properly chargeable under the contract in
the sum of Three Thousand Eight Hundred Twenty-four and 80/100
Dollars ($3,824.80);
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
Eighty-Three Thousand Two Hundred Thirty-seven and 84/100
($83,237.84) are hereby levied on all land whether public or
private but exclusive of public streets, roads and alleys, in
Subdistrict No. 100 (Chambers Park South) of The Metropolitan St.
Louis Sewer District, as bounded in said Ordinance No. 369. 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
hereof. Said bills shall be prepared on the standard Special Tax
Bill form of The Metropolitan St. Louis Sewer District as pro-
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vided by Ordinance No. 97 adopted September 4, 1956, and said
bills shall mature at the times and shall bear the rate of in-
terest 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 accord-
dance with said Ordinance No. 97; to cause the same to be re-
gistered 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 Twenty-
five Thousand Forty-five and 80/100 Dollars ($25,045.80)
heretofore advanced from the funds of The Metropolitan St. Louis
Sewer District as a charge against the said Subdistrict No. 100
(Chambers Park South).
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 January 25, 1962.