HomeMy Public PortalAbout00894 O R D I N A N C E NO. 894
AN ORDINANCE levying special befit assessments against
all of the land benefitted by the construction of sewers within
the boundaries of Subdistrict No. 134 (Baron and Chambers) of The
Metropolitan St. Louis Sewer District; directing issuance of
Special Tax Bills evidencing said levy; setting out the forms,
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. 538, adopted on the 4th day of
May, 1961 not less than three weeks after a public hearing thereon
held at 8.00 o'clock pm. on the 27th day of March, 1961, at the
Thomas Elementary School, 10335 Viscount Drive, St. Louis County,
Missouri, pursuant to notice thereof published in the St. Louis
Globe-Democrat on the 3rd day of March, 1961, at which public
hearing all persons interested were given an opportunity to be
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heard, did establish and prescribe the boundaries of a subdistrict
designated Subdistrict No. 134 (Baron and Chambers) of The
Metropolitan St. Louis Sewer District; and
(2) By Resolution No. 413, adopted on the 29th day of
June, 19619 did declare the necessity of an improvement consisting
of the construction of lateral sanitary sewers in an area
designated Subdistrict No. 134 (Baron and Chambers) 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, elusive of public streets, roads and alleys within such
Subdistrict No. 134; and
(3) Did cause to be duly called and held a public
hearing at the Thomas Elementary School, 10335 Viscount Driven St.
Louis County, Missouri, at the hour of 8:00 p.m. on the 24th day
of July, 1961, at which public hearing all persons interested in
such improvement were given an opportunity to be heard; and
(4) By Resolution No. 438, adopted on the 31st day of
August, 1961, 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. 413; 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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28th day of June, 1962, and proper notice to contractors for bids
was published in the St. Louis Globe-Democrat on the 23rd and 30th
days of July and on the 6th day of August, 1962; and
(5) By Ordinance No. 827, adopted on the 10th day of
September, 1962, did confirm a contract with Karsten Equipment
Company, as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 14th
day of August, 1962, 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 20th day of August, 1962; 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 Fifty-
seven Thousand Three Hundred Six and 93/100 Dollars ($157,306.93),
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-seven Thousand Seven Hundred
Nineteen and 75/100 Dollars ($37,719.75), which sum is properly
recoverable from the contractor, and
(2) Contract items in the sum of One Hundred Seventeen
Thousand Three Hundred Ninety and 06/100 Dollars ($117,390.06),
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and
(3) Extra work properly chargeable under the contract
in the sum of Two Thousand One Hundred Ninety-seven and 12/100
Dollars ($2,197.12);
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 Fifty-seven Thousand Three Hundred Six and 93/100
Dollars ($157,306.93) are hereby levied on all land whether public
or private but exclusive of public streets, roads and alleys, in
Subdistrict No. 134 (Baron and Chambers) of The Metropolitan St.
Louis Sewer District, as bounded in said Ordinance No. 538 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 amended by
Ordinance No. 849 effective November 14, 1962, and said bills
shall mature at the timed 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 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 Thirty-
seven Thousand Seven Hundred Nineteen and 75/100 Dollars
($37,719.75) heretofore advanced from the funds of The
Metropolitan St. Louis Sewer District as a charge against the said
Subdistrict No. 134 (Baron and Chambers).
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
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force and effect from and after its passage.
The foregoing Ordinance was adopted December 20, 1962.