HomeMy Public PortalAbout00867 O R D I N A N C E NO. 867
AN ORDINANCE levying special benefit assessments against all
of the laid benefitted by the construction of sewers within the
boundaries of Sub-district No. 82 (Kappel and Balboa), of The
Metropolitan St. Louis Sewer District; directing issuance of
Special Tax Bill 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. 308, adopted on the 22nd day of July,
1959 not less than three weeks after a public hearing thereon held
at 8:00 o'clock p.m. on the 18th day of June, 1959 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 May, 1959, at which public hearing all
persons interested were given an opportunity to be heard, did
establish and prescribe the boundaries of subdistrict designated
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Subdistrict No. 82 (Kappel and Balboa), of The Metropolitan St.
Louis Sewer District; and
(2) By Resolution No. 256, adopted on the 27th day of August,
1959, did declare the necessity of an improvement consisting of
the construction of lateral sanitary sewers in an area designated
Subdistrict No. 82 (Kappel and Balboa), 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 public streets, roads and alleys within such
Subdistrict No. 82; and
(3) Did cause to be duly called and held a publIc hearing at
The Moline Elementary School, 1860 Chambers Road, St. Louis
County, Missouri, at the hour 8:00 p.m. o'clock on the 23rd day of
September 3 1959, at which public hearing all persons interested
in such improvement were given an opportunity to be heard; and
(4) By Resolution No. 266, adopted on the 22nd day of
October, 1959, ad 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. 256; and pursuant to said
direction, plans and specifications for the improvement were
prepared and the Board of Trustees did approve the same on the
31st day of August, 1961, aid proper notice to contractors for
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bids was published in the St. Louis Post-Dispatch on the 18th and
25th days of October and the 1st day of November, 1961; and
(5) By Ordinance No. 657 adopted on the 20th day of November,
1961, 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 9th day of
November, 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 17th day of November, 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 Three Hundred Sixty-
Nine Thousand One Hundred Forty-Three and 72/100 Dollars
($369,143.72), 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 Thirty-Eight Thousand Six Hundred
Fifty-One and 84/100 Dollars ($38,651.84), which sum is properly
recoverable from the contractor, and
(2) Contract items In the sum of Three Hundred Twenty-Seven
Thousand Two Hundred Sixty-One and 13/100 Dollars ($327,261.13),
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and
(3) Extra work properly chargeable under the contract in the
sum of Three Thousand Two Hundred Thirty and 75/100 Dollars
($3,230.75);
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 Three
Hundred Sixty-Nine Thousand One Hundred Forty-Three and 72/100
Dollars ($369,143.72) are hereby levied on all land whether public
or private but exclusive of public streets, roads and alleys, in
Subdistrict No. 82 (Kappel and Balboa) of The Metropolitan St.
Louis Sewer District, as bounded in said Ordinance No. 308. 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 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
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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-Eight
Thousand Six Hundred Fifty-One and 84/100 Dollars ($38,651.84)
heretofore advanced from the funds of The Metropolitan St. Louis
Sewer District as a charge against the said Subdistrict No. 82
(Kappel and Balboa).
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 8, 1962.